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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 753 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                 S. 753

   To 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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 9, 2023

Mr. 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 Transportation

_______________________________________________________________________

                                 A BILL

 
   To 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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.

SEC. 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.''.

SEC. 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)).
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