1 | 1 | | I |
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2 | 2 | | 118THCONGRESS |
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3 | 3 | | 1 |
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4 | 4 | | STSESSION H. R. 122 |
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5 | 5 | | To amend the Fair Labor Standards Act to provide for the calculation |
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6 | 6 | | of the minimum wage based on the Federal poverty threshold for a |
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7 | 7 | | family of 4, as determined by the Bureau of the Census. |
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8 | 8 | | IN THE HOUSE OF REPRESENTATIVES |
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9 | 9 | | JANUARY9, 2023 |
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10 | 10 | | Mr. G |
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11 | 11 | | REENof Texas introduced the following bill; which was referred to the |
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12 | 12 | | Committee on Education and the Workforce |
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13 | 13 | | A BILL |
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14 | 14 | | To amend the Fair Labor Standards Act to provide for |
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15 | 15 | | the calculation of the minimum wage based on the Fed- |
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16 | 16 | | eral poverty threshold for a family of 4, as determined |
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17 | 17 | | by the Bureau of the Census. |
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18 | 18 | | Be it enacted by the Senate and House of Representa-1 |
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19 | 19 | | tives of the United States of America in Congress assembled, 2 |
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20 | 20 | | SECTION 1. SHORT TITLE. 3 |
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21 | 21 | | This Act may be cited as the ‘‘Original Living Wage 4 |
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22 | 22 | | Act’’. 5 |
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23 | 23 | | SEC. 2. FINDINGS; SENSE OF CONGRESS. 6 |
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24 | 24 | | (a) F |
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25 | 25 | | INDINGS.—Congress finds the following: 7 |
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26 | 26 | | VerDate Sep 11 2014 00:17 Jan 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H122.IH H122 |
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27 | 27 | | kjohnson on DSK79L0C42PROD with BILLS 2 |
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28 | 28 | | •HR 122 IH |
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29 | 29 | | (1) In 2015, there were approximately 1 |
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30 | 30 | | 43,100,000 Americans living in poverty who were 2 |
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31 | 31 | | separated from the opportunities of the Nation by 3 |
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32 | 32 | | their income, their housing, and their access to edu-4 |
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33 | 33 | | cation, jobs, and health care. 5 |
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34 | 34 | | (2) A full-time worker earning the Federal min-6 |
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35 | 35 | | imum wage earns an income below the Federal pov-7 |
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36 | 36 | | erty threshold for a family of 4, consisting of 2 8 |
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37 | 37 | | adults and 2 children. 9 |
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38 | 38 | | (3) The average fair market rent for a 1-bed-10 |
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39 | 39 | | room apartment is more than 65 percent of the 11 |
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40 | 40 | | monthly income of a full-time worker earning the 12 |
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41 | 41 | | minimum wage. In comparison, the generally accept-13 |
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42 | 42 | | ed definition of affordability is for a household to 14 |
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43 | 43 | | pay not more than 30 percent of its income on hous-15 |
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44 | 44 | | ing. 16 |
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45 | 45 | | (4) Two full-time workers earning the Federal 17 |
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46 | 46 | | minimum wage earn an income below the national 18 |
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47 | 47 | | housing wage for a 1-bedroom apartment, the 19 |
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48 | 48 | | amount a person needs to earn to afford a 1-bed-20 |
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49 | 49 | | room apartment at average rent. 21 |
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50 | 50 | | (b) S |
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51 | 51 | | ENSE OFCONGRESS.—It is the sense of Con-22 |
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52 | 52 | | gress that— 23 |
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53 | 53 | | (1) the Federal minimum wage should, as a 24 |
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54 | 54 | | minimum, be adjusted every 4 years so that a person 25 |
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56 | 56 | | kjohnson on DSK79L0C42PROD with BILLS 3 |
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57 | 57 | | •HR 122 IH |
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58 | 58 | | working for such a wage may earn an annual income 1 |
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59 | 59 | | that is not less than 25.5 percent higher than the 2 |
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60 | 60 | | Federal poverty threshold for a family of 4, as deter-3 |
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61 | 61 | | mined by the Bureau of the Census; 4 |
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62 | 62 | | (2) the minimum wage should be set at a level 5 |
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63 | 63 | | high enough to allow 2 full-time minimum wage 6 |
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64 | 64 | | workers to earn an income above the national hous-7 |
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65 | 65 | | ing wage; and 8 |
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66 | 66 | | (3) Congress, any of the several States, the Dis-9 |
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67 | 67 | | trict of Columbia, any territory or possession of the 10 |
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68 | 68 | | United States, any Indian tribe, or any local or mu-11 |
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69 | 69 | | nicipal government of a State may establish a higher 12 |
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70 | 70 | | minimum wage requirement than that established in 13 |
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71 | 71 | | this Act. 14 |
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72 | 72 | | SEC. 3. MINIMUM WAGE. 15 |
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73 | 73 | | Section 6 of the Fair Labor Standards Act of 1938 16 |
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74 | 74 | | (29 U.S.C. 206) is amended— 17 |
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75 | 75 | | (1) in subsection (a)(1)— 18 |
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76 | 76 | | (A) by striking ‘‘and’’ at the end of sub-19 |
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77 | 77 | | paragraph (B); 20 |
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78 | 78 | | (B) by inserting ‘‘and’’ at the end of sub-21 |
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79 | 79 | | paragraph (C); and 22 |
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80 | 80 | | (C) by inserting at the end the following: 23 |
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82 | 82 | | kjohnson on DSK79L0C42PROD with BILLS 4 |
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83 | 83 | | •HR 122 IH |
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84 | 84 | | ‘‘(D) the amount determined by the Sec-1 |
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85 | 85 | | retary under subsection (b), beginning Sep-2 |
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86 | 86 | | tember 1, 2023;’’; and 3 |
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87 | 87 | | (2) by redesignating subsection (b) as sub-4 |
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88 | 88 | | section (c) and inserting after subsection (a) the fol-5 |
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89 | 89 | | lowing: 6 |
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90 | 90 | | ‘‘(b)(1) Subject to paragraph (2), not later than June 7 |
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91 | 91 | | 1, 2023, and once every 4 years thereafter, the Secretary 8 |
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92 | 92 | | shall determine the minimum wage rate applicable under 9 |
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93 | 93 | | subsection (a)(1) based on the formula described in para-10 |
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94 | 94 | | graph (3). The Secretary shall publish such wage rate in 11 |
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95 | 95 | | the Federal Register not later than October 1 of each year. 12 |
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96 | 96 | | ‘‘(2) If the minimum wage rate determined by the 13 |
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97 | 97 | | Secretary under paragraph (1) would result in a lower 14 |
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98 | 98 | | minimum wage rate than the minimum wage rate in effect 15 |
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99 | 99 | | at the time of such determination, the Secretary may not 16 |
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100 | 100 | | adjust the minimum wage rate so in effect. 17 |
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101 | 101 | | ‘‘(3) The minimum wage rate determined by the Sec-18 |
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102 | 102 | | retary under paragraph (1) shall be the minimum hourly 19 |
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103 | 103 | | wage sufficient for a person working for such wage for 20 |
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104 | 104 | | 40 hours per week, 52 weeks per year, to earn an annual 21 |
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105 | 105 | | income in an amount that is 25.5 percent higher than the 22 |
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106 | 106 | | Federal poverty threshold for a family of 4, with two chil-23 |
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107 | 107 | | dren under the age of 18, and living in any of the 48 con-24 |
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108 | 108 | | tiguous States, as published by the Bureau of the Census 25 |
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110 | 110 | | kjohnson on DSK79L0C42PROD with BILLS 5 |
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111 | 111 | | •HR 122 IH |
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112 | 112 | | for the year in which the wage rate is being so deter-1 |
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113 | 113 | | mined.’’. 2 |
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114 | 114 | | Æ |
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116 | 116 | | kjohnson on DSK79L0C42PROD with BILLS |
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