II 

115TH CONGRESS 

1ST SESSION S. 2079 

To promote economic security and workplace accountability for the workers 

of air carriers, and their subcontractors, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 6, 2017 

Mr. BOOKER (for himself and Mr. BROWN) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To promote economic security and workplace accountability 

for the workers of air carriers, and their subcontractors, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Airline Accountability 

5 Act’’. 

6 SEC. 2. PROMOTION OF ECONOMIC SECURITY AND WORK7 PLACE ACCOUNTABILITY. 

8 (a) REQUIRED DISCLOSURES.—The Administrator of 

9 the General Services Administration shall require an air 


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1 carrier, as a condition of eligibility for a contract under 

2 the City Pair Program (or a successive program for Fed3 eral employee air travel administered by such Adminis4 trator), to disclose to the Secretary of Labor, on an annual 

5 basis and to the best of the air carrier’s knowledge, wheth6 er, within the preceding 3-year period, any administrative 

7 merits determination, arbitral award or decision, or civil 

8 judgment, as defined in guidance issued by the Secretary 

9 of Labor, has been issued against the air carrier or any 

10 of its subcontractors, for violations of any of the following 

11 labor laws, including Executive orders: 

12 (1) The Fair Labor Standards Act of 1938 (29 

13 U.S.C. 201 et seq.). 

14 (2) The Occupational Safety and Health Act of 

15 1970 (29 U.S.C. 651 et seq.). 

16 (3) The National Labor Relations Act (29 

17 U.S.C. 151 et seq.). 

18 (4) Subchapter IV of chapter 31 of title 40, 

19 United States Code (commonly known as the 

20 ‘‘Davis-Bacon Act’’). 

21 (5) Chapter 67 of title 41, United States Code 

22 (commonly known as the ‘‘Service Contract Act’’). 

23 (6) Executive Order 11246 (42 U.S.C. 2000e 

24 note; relating to equal employment opportunity). 


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1 (7) Section 503 of the Rehabilitation Act of 

2 1973 (29 U.S.C. 793). 

3 (8) Section 4212 of title 38, United States 

4 Code. 

5 (9) The Family and Medical Leave Act of 1993 

6 (29 U.S.C. 2601 et seq.). 

7 (10) Title VII of the Civil Rights Act of 1964 

8 (42 U.S.C. 2000e et seq.). 

9 (11) The Americans with Disabilities Act of 

10 1990 (42 U.S.C. 12101 et seq.). 

11 (12) The Age Discrimination in Employment 

12 Act of 1967 (29 U.S.C. 621 et seq.). 

13 (13) Executive Order 13658 (79 Fed. Reg. 

14 9851; relating to establishing a minimum wage for 

15 contractors). 

16 (14) Equivalent State laws, as defined in guid17 ance issued by the Secretary of Labor. 

18 (b) RESPONSIBILITY FOR SUBCONTRACTORS.— 

19 (1) IN GENERAL.—The Administrator of the 

20 General Services Administration shall require an air 

21 carrier, as a condition of eligibility for a contract 

22 under the City Pair Program (or a successive pro23 gram for Federal employee air travel administered 

24 by such Administrator), to incorporate into each 

25 subcontract a requirement that the subcontractor 


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1 discloses to the air carrier any administrative merits 

2 determination, arbitral award or decision, or civil 

3 judgment, as defined in guidance issued by the Sec4 retary of Labor, rendered against the subcontractor 

5 within the preceding 3-year period for violations of 

6 any of the requirements of the labor laws, including 

7 Executive orders, listed in subsection (a). 

8 (2) CONSULTATION.—The Secretary of Labor 

9 shall be available, as appropriate, for consultation 

10 with an air carrier to assist in evaluating the infor11 mation on labor compliance submitted by a subcon12 tractor pursuant to paragraph (1). 

13 (c) CORRECTIVE MEASURES.—On an annual basis, 

14 the Secretary of Labor— 

15 (1) shall provide an air carrier who makes a 

16 disclosure pursuant to subsection (a) an opportunity 

17 to report any steps taken by the air carrier or any 

18 of its subcontractors to correct the violations of or 

19 improve compliance with the labor laws, including 

20 Executive orders, listed in such subsection, including 

21 any agreements entered into with an enforcement 

22 agency; and 

23 (2) may negotiate with such air carrier correc24 tive measures that the air carrier or any of its sub25 contractors may take in order to avoid having the 


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1 air carrier placed on the list described in subsection 

2 (d). 

3 (d) LIST OF INELIGIBLE AIR CARRIERS.— 

4 (1) IN GENERAL.—For each year that a con5 tract is solicited under the City Pair Program (or a 

6 successive program for Federal employee air travel 

7 administered by the Administrator of the General 

8 Services Administration), the Secretary of Labor 

9 shall prepare, and submit to such Administrator, a 

10 list of air carriers that shall be ineligible for such so11 licitation based on serious, repeated, willful, or per12 vasive violations of the labor laws, including Execu13 tive orders, listed under subsection (a) committed by 

14 the air carrier, or any of its subcontractors, and the 

15 failure of such air carriers, or any of its subcontrac16 tors, to complete any corrective measures negotiated 

17 under subsection (c). 

18 (2) INELIGIBILITY.—The Administrator of the 

19 General Services Administration shall not solicit a 

20 contract under the City Pair Program (or a succes21 sive program for Federal employee air travel admin22 istered by such Administrator) from any air carrier 

23 on the list described in paragraph (1) that applies 

24 to the year of the solicitation. 


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1 (e) APPLICABILITY.—The requirements under this 

2 Act shall not apply with respect to any contract solicited 

3 prior to 2 years after the date of enactment of this Act. 

Æ 


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