H.R. 1499

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1499 Introduced in House (IH)]

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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)).
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