Good Jobs for Good Airports Act
This bill modifies pay, benefits, and labor standards for certain airport service workers. Airport service workers include security officers, food service workers, cleaning staff, ticketing agents, and retail service workers.
Specifically, the bill prohibits small, medium, and large hub airports from accessing certain federal funds for airport projects unless the airports certify that such airport service workers are paid no less than the higher of $15 per hour; the applicable federal, state, or local minimum wage and fringe benefits; or the prevailing wage and fringe benefits required under the Service Contract Act, which the bill requires the Department of Labor to establish.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1499 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1499
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 HOUSE OF REPRESENTATIVES
March 9, 2023
Mr. Garcia of Illinois (for himself, Ms. Norton, Ms. Barragan, Mr.
Bowman, Mr. Boyle of Pennsylvania, Mr. Casten, Ms. Dean of
Pennsylvania, Mr. Garamendi, Ms. Scanlon, Ms. Jayapal, Mr. Johnson of
Georgia, Ms. Lee of California, Mr. Evans, Mrs. Napolitano, Mr.
Pascrell, Mr. Payne, Mr. Pocan, Mr. Raskin, Ms. Sherrill, Mr. Tonko,
Mr. Torres of New York, Ms. Velazquez, Mrs. Watson Coleman, Ms. Titus,
Mr. Nadler, Mr. DeSaulnier, Mr. Casar, Ms. Kaptur, Mr. Norcross, Ms.
Craig, and Mr. Gomez) introduced the following bill; which was referred
to the Committee on Transportation and Infrastructure
_______________________________________________________________________
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; 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 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)).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Aviation.
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