(6) In connection with setting workplace stand-
ards 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 min-
imum 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 condi-
tions 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 BEN-
EFITS FOR COVERED SERVICE WORKERS. 
(a) COVERED SERVICE WORKER DEFINITION.—Sec-
tion 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— 
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‘‘(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 includ-
ing mechanical services, machinery 
maintenance, car service maintenance, 
services at maintenance-related stores, 
fueling, de-icing, or other mechanic- 
related functions); 
‘‘(VI) aircraft cleaning and sani-
tization functions or waste removal; 
‘‘(VII) cleaning within an airport 
terminal or other building or facility 
on the airport property; 
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‘‘(VIII) transportation of employ-
ees or individuals within the airport 
property; or 
‘‘(IX) ramp agent functions; 
‘‘(ii) concessions services on the prop-
erty of an airport, including— 
‘‘(I) food service, including food 
and beverage service, wait service, 
busing, cooks, or cashiers; 
‘‘(II) retail service, including re-
tail 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, in-
cluding food, retail, cleaning, or secu-
rity services for or at an airport 
lounge; 
‘‘(iii) airline catering services (such as 
the preparation or assembly of food, bev-
erages, provisions, or related supplies for 
delivery, and the delivery of such items, di-
rectly to aircraft or to a location on or 
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near airport property for subsequent deliv-
ery to aircraft at the airport); or 
‘‘(iv) food or beverage service, house-
keeping, 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 sub-
contractor; 
‘‘(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 subdivi-
sion 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 Trans-
portation may approve a project grant application 
under this subchapter for an airport development 
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project at a small, medium, or large hub airport only 
if the Secretary receives written assurances, satisfac-
tory to the Secretary, that the airport owner or op-
erator will ensure that all covered service workers, 
including those subject to a collective bargaining 
agreement, employed by any employer at such air-
port 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 re-
quired under any Federal regulation, pol-
icy, or directive issued by the President 
pursuant to subtitle I of title 40, United 
States Code, for workers employed in the 
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performance of any Federal contract for 
the procurement of services; or 
‘‘(iv) the minimum hourly wage re-
quired under an applicable State or local 
minimum wage law (including a regula-
tion) or policy, including the policy of a po-
litical subdivision of a State or an author-
ity created by a compact between 2 or 
more States or 1 or more States and the 
District of Columbia, that applies to cov-
ered 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 (com-
monly 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 Sec-
retary in such determinations; or 
‘‘(ii) the minimum fringe benefits re-
quired under an applicable State or local 
law (including a regulation) or policy, in-
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cluding 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 DETERMINA-
TIONS.— 
‘‘(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’), ap-
propriate 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 Sec-
retary of Transportation the applicable 
minimum hourly wage and fringe benefits 
required for purposes of such paragraph 
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with respect to each such class of covered 
service worker. 
‘‘(B) NEW OCCUPATIONAL CATEGORIES.— 
In issuing the wage determinations under sub-
paragraph (A)(i), the Secretary of Labor— 
‘‘(i) shall ensure that each class of 
covered service worker is classified appro-
priately 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 bene-
fits. 
‘‘(3) AIRPORT SPONSOR CERTIFICATION.— 
‘‘(A) REQUIREMENT.— 
‘‘(i) IN GENERAL.—An airport spon-
sor subject to the requirement under para-
graph (1) shall certify to the Secretary, on 
an annual basis, that each covered service 
worker, including those subject to a collec-
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tive 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 serv-
ice worker at such airport to submit a report to 
the airport sponsor, on an annual basis, certi-
fying compliance with the requirements de-
scribed in subparagraphs (A) and (B) of para-
graph (1). 
‘‘(C) COMPLIANCE AUTHORITY.— 
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‘‘(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 dis-
cretion, 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 oth-
erwise 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 para-
graph (5); and 
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(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(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; and’’. 
(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 IN-
FRASTRUCTURE
GRANTS
(INCLUDING
TRANSFER
OF 
FUNDS)’’ under the heading ‘‘FEDERAL AVIATION ADMIN-
ISTRATION’’ in title VIII of division J of the Infrastructure 
Investment and Jobs Act (Public Law 117–58; 135 Stat. 
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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 AD-
MINISTRATION’’ in title VIII of division J of the Infra-
structure 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 Transpor-
tation under section 47107(x) of title 49, United States 
Code (as added by section 3(b)). 
Æ 
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