117 S753 IS: Good Jobs for Good Airports Act U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 753IN THE SENATE OF THE UNITED STATESMarch 9, 2023Mr. Markey (for himself, Mr. Schumer, Mr. Blumenthal, Ms. Baldwin, Mr. Booker, Ms. Duckworth, Mr. Durbin, Mrs. Gillibrand, Mr. Menendez, Mr. Merkley, Mr. Murphy, Mr. Padilla, Mr. Sanders, Ms. Smith, Mr. Van Hollen, Mr. Warnock, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo require small, medium, and large hub airports to certify that airport service workers are paid the prevailing wage and provided fringe benefits, and for other purposes.

1.

Short title

This Act may be cited as the Good Jobs for Good Airports Act.

2.

Findings; purposes

(a)

Findings

Congress finds the following:(1)Safe and effective airport operations are essential to national commerce and the general welfare.(2)A well-trained, stable workforce at our Nation’s airports is critical to ensuring public safety and security, as well as the health and safety of the public and protection from infectious diseases.(3)The Federal Government has invested billions of dollars in creating and maintaining our Nation’s aviation infrastructure, reflecting the national interest in maintaining airports across the country.(4)Airport services are most effective when the workforce providing those services is able to earn a living wage and able to secure adequate health benefit coverage. In fact, meeting the growing challenges of operating airports securely and efficiently requires the recruitment and retention of excellent staff in all of the classifications of employees who work in airport services and operations.(5)Effective management of airports and effective airport security requires that workforce turnover be reduced and that the workforce be highly trained and highly motivated.(6)In connection with setting workplace standards for those engaged in airport services, there is a need to establish an orderly system that reconciles competing interests without undue disruption.(b)

Purposes

The purposes of this Act are—(1)to provide a mechanism for ensuring minimum workplace standards for individuals who work in airports whose operators are grantees of Federal assistance or derive revenue from fees authorized by the Federal Government; and(2)to serve the best interests of the people of the United States by stabilizing the workplace conditions of the labor pool that supports our Nation's airport operations.

3.

Amendments to title 49 of the United States Code to ensure minimum wage and benefits for covered service workers

(a)

Covered service worker definition

Section 47102 of title 49, United States Code, is amended by adding at the end the following:(29)covered service worker—(A)means an individual who furnishes services on the property or premises of a small hub airport, medium hub airport, or large hub airport, performing—(i)functions that are related to the air transportation of persons, property, or mail, including—(I)the loading or unloading of property on aircraft or a building or facility on the airport property;(II)assistance to passengers, including assistance under part 382 of title 14, Code of Federal Regulations;(III)security;(IV)airport ticketing or check-in functions;(V)ground-handling of aircraft or related equipment (but not including mechanical services, machinery maintenance, car service maintenance, services at maintenance-related stores, fueling, de-icing, or other mechanic-related functions);(VI)aircraft cleaning and sanitization functions or waste removal;(VII)cleaning within an airport terminal or other building or facility on the airport property;(VIII)transportation of employees or individuals within the airport property; or(IX)ramp agent functions;(ii)concessions services on the property of an airport, including—(I)food service, including food and beverage service, wait service, busing, cooks, or cashiers;(II)retail service, including retail related to news or gifts or duty-free retail services;(III)cleaning for concession services;(IV)security for concession services; or(V)airport lounge services, including food, retail, cleaning, or security services for or at an airport lounge;(iii)airline catering services (such as the preparation or assembly of food, beverages, provisions, or related supplies for delivery, and the delivery of such items, directly to aircraft or to a location on or near airport property for subsequent delivery to aircraft at the airport); or(iv)food or beverage service, housekeeping, or hotel service at a hotel located on airport property;(B)includes an individual without regard to any contractual relationship alleged to exist between the individual and a contractor or subcontractor;(C)shall not include an individual to whom the exemption under section 13(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(1)) applies; and (D)shall not include an employee of a State, municipality, or other political subdivision of a State or an authority created by an agreement between 2 or more States..(b)

Airport improvement

Section 47107 of title 49, United States Code, is amended by adding at the end the following:(x)

Labor standards for certain airport service jobs

(1)

Requirement

The Secretary of Transportation may approve a project grant application under this subchapter for an airport development project at a small, medium, or large hub airport only if the Secretary receives written assurances, satisfactory to the Secretary, that the airport owner or operator will ensure that all covered service workers, including those subject to a collective bargaining agreement, employed by any employer at such airport shall be paid a wage and fringe benefits that are—(A)with respect to such wage, not less than the higher of—(i)15 dollars per hour;(ii)the minimum hourly wage for the appropriate locality and classification as determined in accordance with chapter 67 of title 41, United States Code (commonly known as the Service Contract Act), by the Secretary of Labor under paragraph (2)(A)(i), adjusted annually to reflect any changes made by such Secretary in such determinations;(iii)the minimum hourly wage required under any Federal regulation, policy, or directive issued by the President pursuant to subtitle I of title 40, United States Code, for workers employed in the performance of any Federal contract for the procurement of services; or(iv)the minimum hourly wage required under an applicable State or local minimum wage law (including a regulation) or policy, including the policy of a political subdivision of a State or an authority created by a compact between 2 or more States or 1 or more States and the District of Columbia, that applies to covered service workers; and(B)with respect to such fringe benefits, not less than the greater of—(i)the minimum fringe benefits for the appropriate locality and classification as determined in accordance with chapter 67 of title 41, United States Code (commonly known as the Service Contract Act), by the Secretary of Labor under paragraph (2)(A)(i), adjusted annually to reflect any changes made by such Secretary in such determinations; or(ii)the minimum fringe benefits required under an applicable State or local law (including a regulation) or policy, including the policy of a political subdivision of a State or an authority created by a compact between 2 or more States or 1 or more States and the District of Columbia, that applies to covered service workers.(2)

Classifications and wage determinations

(A)

In general

The Secretary of Labor shall—(i)not later than 90 days after the date of enactment of this subsection and in accordance with subparagraph (B), issue a wage determination with minimum hourly wage and fringe benefits under chapter 67 of title 41, United States Code (commonly known as the Service Contract Act), appropriate for each class of covered service worker for purposes of subparagraphs (A)(ii) and (B)(i) of paragraph (1); and(ii)not later than 90 days after the date of enactment of this subsection and annually thereafter, provide to the Secretary of Transportation the applicable minimum hourly wage and fringe benefits required for purposes of such paragraph with respect to each such class of covered service worker.(B)

New occupational categories

In issuing the wage determinations under subparagraph (A)(i), the Secretary of Labor—(i)shall ensure that each class of covered service worker is classified appropriately in a category of occupation covered under chapter 67 of title 41, United States Code; and(ii)to the extent needed to carry out clause (i), may establish 1 or more new categories of occupation covered under chapter 67 of title 41, United States Code, to ensure that all classes of covered service workers have an appropriate determination of minimum hourly wage and fringe benefits.(3)

Airport sponsor certification

(A)

Requirement

(i)

In general

An airport sponsor subject to the requirement under paragraph (1) shall certify to the Secretary, on an annual basis, that each covered service worker, including those subject to a collective bargaining agreement, is paid a wage and fringe benefits that comply with the requirements described in subparagraphs (A) and (B) of such paragraph.(ii)

Evidence of certification

Where certification is required under clause (i), an airport sponsor shall obtain from each entity that employs a covered service worker a certification that each such covered service worker at such airport is paid a wage and fringe benefits that comply with the requirements described in subparagraphs (A) and (B) of paragraph (1).(B)

Compliance report

In order to ensure compliance, an airport sponsor subject to the requirement under paragraph (1) shall require any entity that employs a covered service worker at such airport to submit a report to the airport sponsor, on an annual basis, certifying compliance with the requirements described in subparagraphs (A) and (B) of paragraph (1).(C)

Compliance authority

(i)

In general

The Secretary of Transportation shall have the authority to ensure compliance with this subsection.(ii)

Good faith compliance by airport sponsor

The Secretary of Transportation may, at the Secretary's discretion, determine that an airport sponsor shall not be considered to be in violation of this subsection upon a showing of good faith compliance with the requirements of subparagraphs (A) and (B).(4)

Non-preemption of State or local laws

Nothing in this subsection shall preempt any State or local law (including a regulation) or policy that requires a higher minimum wage or otherwise requires greater benefits or protections for covered service workers than the requirements of this subsection..(c)

Passenger facility charges

Section 40117(d) of title 49, United States Code, is amended—(1)in paragraph (3), by striking and at the end;(2)by redesignating paragraph (4) as paragraph (5); and(3)by inserting after paragraph (3) the following:(4)the eligible agency has certified that it is in compliance with the requirements under section 47107(x), if such requirements apply to the eligible agency;.(d)

Discretionary grant

Section 47115(d)(2) of title 49, United States Code, is amended—(1)in subparagraph (A), by striking and at the end;(2)in subparagraph (B), by striking the period at the end and inserting ; and; and(3)by adding at the end the following:(C)the sponsor is in compliance with the requirements under section 47107(x), if such requirements apply to the sponsor..

4.

Restriction on the use of certain funds under the Infrastructure Investment and Jobs Act

(a)

Airport infrastructure grants

The amounts made available under the heading Airport Infrastructure Grants (including transfer of funds) under the heading Federal Aviation Administration in title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58; 135 Stat. 1416) shall only be made available to a person who is in compliance with the labor standards for covered service workers, as required by the Secretary of Transportation under section 47107(x) of title 49, United States Code (as added by section 3(b)).(b)

Airport terminal program

The amounts made available under the heading Airport Terminal Program under the heading Federal Aviation Administration in title VIII of division J of the Infrastructure Investment and Jobs Act (Public Law 117–58; 135 Stat. 1418) shall only be made available to a person who is in compliance with the labor standards for covered service workers, as required by the Secretary of Transportation under section 47107(x) of title 49, United States Code (as added by section 3(b)).