What This Bill Does
This bill requires small, medium, and large hub airports to ensure that workers providing services at those airports earn a minimum wage and receive fringe benefits (additional compensation like health insurance). The bill applies to airports that receive federal funding or generate revenue authorized by the federal government.
##
Who It Affects
Airport workers who perform services like baggage handling, passenger assistance, security, cleaning, food service, and aircraft maintenance support. Airport owners and operators who must certify worker pay. The Secretary of Transportation and Secretary of Labor who must enforce the requirements. Airlines, contractors, and other entities that employ these workers.
##
Key Provisions
- The Secretary of Transportation can only approve airport development project grants if the airport provides written assurance that all covered service workers earn wages and fringe benefits meeting federal standards (Sec. 3(b)(1))
- Covered service workers must earn the highest of: $15 per hour, the prevailing wage determined by the Labor Secretary under the Service Contract Act, federal contract wages, or state/local minimum wage laws (Sec. 3(b)(1)(A))
- The Secretary of Labor must issue wage determinations within 90 days and annually update them to identify appropriate minimum wages and fringe benefits for each class of covered service worker (Sec. 3(b)(2)(A))
- Airport sponsors must certify annually that covered service workers comply with wage and fringe benefit requirements, and any employer of covered service workers must submit compliance reports to the airport sponsor (Sec. 3(b)(3))
- Restrictions on federal funding apply to airports and airport programs under the Infrastructure Investment and Jobs Act unless they comply with these labor standards (Sec. 4)
##
What Changes
If this bill becomes law, airports receiving federal grants must guarantee all covered service workers earn a minimum wage and receive fringe benefits meeting federal standards. Airports must certify compliance annually. The Secretary of Labor will create new job classifications and wage determinations specifically for airport service workers. State and local laws requiring higher wages or better benefits remain in effect alongside these federal requirements.
##
Important Definitions
"Covered service worker" means a person who performs services at small, medium, or large hub airports in jobs related to air transportation (like loading cargo, assisting passengers, security, ticketing, ground handling, aircraft cleaning), concession services (food, retail, cleaning, lounge services), airline catering, or hotel services on airport property. The definition excludes exempt employees under federal labor law and government employees.
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II
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) intro-
duced the following bill; which was read twice and referred to the Com-
mittee 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Good Jobs for Good
4
Airports Act’’.
5
SEC. 2. FINDINGS; PURPOSES.
6
(a) FINDINGS.—Congress finds the following:
7
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•S 753 IS
(1) Safe and effective airport operations are es-
1
sential to national commerce and the general wel-
2
fare.
3
(2) A well-trained, stable workforce at our Na-
4
tion’s airports is critical to ensuring public safety
5
and security, as well as the health and safety of the
6
public and protection from infectious diseases.
7
(3) The Federal Government has invested bil-
8
lions of dollars in creating and maintaining our Na-
9
tion’s aviation infrastructure, reflecting the national
10
interest in maintaining airports across the country.
11
(4) Airport services are most effective when the
12
workforce providing those services is able to earn a
13
living wage and able to secure adequate health ben-
14
efit coverage. In fact, meeting the growing chal-
15
lenges of operating airports securely and efficiently
16
requires the recruitment and retention of excellent
17
staff in all of the classifications of employees who
18
work in airport services and operations.
19
(5) Effective management of airports and effec-
20
tive airport security requires that workforce turnover
21
be reduced and that the workforce be highly trained
22
and highly motivated.
23
(6) In connection with setting workplace stand-
24
ards for those engaged in airport services, there is
25
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•S 753 IS
a need to establish an orderly system that reconciles
1
competing interests without undue disruption.
2
(b) PURPOSES.—The purposes of this Act are—
3
(1) to provide a mechanism for ensuring min-
4
imum workplace standards for individuals who work
5
in airports whose operators are grantees of Federal
6
assistance or derive revenue from fees authorized by
7
the Federal Government; and
8
(2) to serve the best interests of the people of
9
the United States by stabilizing the workplace condi-
10
tions of the labor pool that supports our Nation’s
11
airport operations.
12
SEC. 3. AMENDMENTS TO TITLE 49 OF THE UNITED STATES
13
CODE TO ENSURE MINIMUM WAGE AND BEN-
14
EFITS FOR COVERED SERVICE WORKERS.
15
(a) COVERED SERVICE WORKER DEFINITION.—Sec-
16
tion 47102 of title 49, United States Code, is amended
17
by adding at the end the following:
18
‘‘(29) ‘covered service worker’—
19
‘‘(A) means an individual who furnishes
20
services on the property or premises of a small
21
hub airport, medium hub airport, or large hub
22
airport, performing—
23
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•S 753 IS
‘‘(i) functions that are related to the
1
air transportation of persons, property, or
2
mail, including—
3
‘‘(I) the loading or unloading of
4
property on aircraft or a building or
5
facility on the airport property;
6
‘‘(II) assistance to passengers,
7
including assistance under part 382 of
8
title 14, Code of Federal Regulations;
9
‘‘(III) security;
10
‘‘(IV) airport ticketing or check-
11
in functions;
12
‘‘(V) ground-handling of aircraft
13
or related equipment (but not includ-
14
ing mechanical services, machinery
15
maintenance, car service maintenance,
16
services at maintenance-related stores,
17
fueling, de-icing, or other mechanic-
18
related functions);
19
‘‘(VI) aircraft cleaning and sani-
20
tization functions or waste removal;
21
‘‘(VII) cleaning within an airport
22
terminal or other building or facility
23
on the airport property;
24
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•S 753 IS
‘‘(VIII) transportation of employ-
1
ees or individuals within the airport
2
property; or
3
‘‘(IX) ramp agent functions;
4
‘‘(ii) concessions services on the prop-
5
erty of an airport, including—
6
‘‘(I) food service, including food
7
and beverage service, wait service,
8
busing, cooks, or cashiers;
9
‘‘(II) retail service, including re-
10
tail related to news or gifts or duty-
11
free retail services;
12
‘‘(III) cleaning for concession
13
services;
14
‘‘(IV) security for concession
15
services; or
16
‘‘(V) airport lounge services, in-
17
cluding food, retail, cleaning, or secu-
18
rity services for or at an airport
19
lounge;
20
‘‘(iii) airline catering services (such as
21
the preparation or assembly of food, bev-
22
erages, provisions, or related supplies for
23
delivery, and the delivery of such items, di-
24
rectly to aircraft or to a location on or
25
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•S 753 IS
near airport property for subsequent deliv-
1
ery to aircraft at the airport); or
2
‘‘(iv) food or beverage service, house-
3
keeping, or hotel service at a hotel located
4
on airport property;
5
‘‘(B) includes an individual without regard
6
to any contractual relationship alleged to exist
7
between the individual and a contractor or sub-
8
contractor;
9
‘‘(C) shall not include an individual to
10
whom the exemption under section 13(a)(1) of
11
the Fair Labor Standards Act of 1938 (29
12
U.S.C. 213(a)(1)) applies; and
13
‘‘(D) shall not include an employee of a
14
State, municipality, or other political subdivi-
15
sion of a State or an authority created by an
16
agreement between 2 or more States.’’.
17
(b) AIRPORT IMPROVEMENT.—Section 47107 of title
18
49, United States Code, is amended by adding at the end
19
the following:
20
‘‘(x) LABOR STANDARDS
FOR CERTAIN AIRPORT
21
SERVICE JOBS.—
22
‘‘(1) REQUIREMENT.—The Secretary of Trans-
23
portation may approve a project grant application
24
under this subchapter for an airport development
25
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•S 753 IS
project at a small, medium, or large hub airport only
1
if the Secretary receives written assurances, satisfac-
2
tory to the Secretary, that the airport owner or op-
3
erator will ensure that all covered service workers,
4
including those subject to a collective bargaining
5
agreement, employed by any employer at such air-
6
port shall be paid a wage and fringe benefits that
7
are—
8
‘‘(A) with respect to such wage, not less
9
than the higher of—
10
‘‘(i) 15 dollars per hour;
11
‘‘(ii) the minimum hourly wage for the
12
appropriate locality and classification as
13
determined in accordance with chapter 67
14
of title 41, United States Code (commonly
15
known as the ‘Service Contract Act’), by
16
the Secretary of Labor under paragraph
17
(2)(A)(i), adjusted annually to reflect any
18
changes made by such Secretary in such
19
determinations;
20
‘‘(iii) the minimum hourly wage re-
21
quired under any Federal regulation, pol-
22
icy, or directive issued by the President
23
pursuant to subtitle I of title 40, United
24
States Code, for workers employed in the
25
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•S 753 IS
performance of any Federal contract for
1
the procurement of services; or
2
‘‘(iv) the minimum hourly wage re-
3
quired under an applicable State or local
4
minimum wage law (including a regula-
5
tion) or policy, including the policy of a po-
6
litical subdivision of a State or an author-
7
ity created by a compact between 2 or
8
more States or 1 or more States and the
9
District of Columbia, that applies to cov-
10
ered service workers; and
11
‘‘(B) with respect to such fringe benefits,
12
not less than the greater of—
13
‘‘(i) the minimum fringe benefits for
14
the appropriate locality and classification
15
as determined in accordance with chapter
16
67 of title 41, United States Code (com-
17
monly known as the ‘Service Contract
18
Act’), by the Secretary of Labor under
19
paragraph (2)(A)(i), adjusted annually to
20
reflect any changes made by such Sec-
21
retary in such determinations; or
22
‘‘(ii) the minimum fringe benefits re-
23
quired under an applicable State or local
24
law (including a regulation) or policy, in-
25
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•S 753 IS
cluding the policy of a political subdivision
1
of a State or an authority created by a
2
compact between 2 or more States or 1 or
3
more States and the District of Columbia,
4
that applies to covered service workers.
5
‘‘(2) CLASSIFICATIONS AND WAGE DETERMINA-
6
TIONS.—
7
‘‘(A) IN
GENERAL.—The Secretary of
8
Labor shall—
9
‘‘(i) not later than 90 days after the
10
date of enactment of this subsection and in
11
accordance with subparagraph (B), issue a
12
wage determination with minimum hourly
13
wage and fringe benefits under chapter 67
14
of title 41, United States Code (commonly
15
known as the ‘Service Contract Act’), ap-
16
propriate for each class of covered service
17
worker for purposes of subparagraphs
18
(A)(ii) and (B)(i) of paragraph (1); and
19
‘‘(ii) not later than 90 days after the
20
date of enactment of this subsection and
21
annually thereafter, provide to the Sec-
22
retary of Transportation the applicable
23
minimum hourly wage and fringe benefits
24
required for purposes of such paragraph
25
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•S 753 IS
with respect to each such class of covered
1
service worker.
2
‘‘(B) NEW OCCUPATIONAL CATEGORIES.—
3
In issuing the wage determinations under sub-
4
paragraph (A)(i), the Secretary of Labor—
5
‘‘(i) shall ensure that each class of
6
covered service worker is classified appro-
7
priately in a category of occupation covered
8
under chapter 67 of title 41, United States
9
Code; and
10
‘‘(ii) to the extent needed to carry out
11
clause (i), may establish 1 or more new
12
categories of occupation covered under
13
chapter 67 of title 41, United States Code,
14
to ensure that all classes of covered service
15
workers have an appropriate determination
16
of minimum hourly wage and fringe bene-
17
fits.
18
‘‘(3) AIRPORT SPONSOR CERTIFICATION.—
19
‘‘(A) REQUIREMENT.—
20
‘‘(i) IN GENERAL.—An airport spon-
21
sor subject to the requirement under para-
22
graph (1) shall certify to the Secretary, on
23
an annual basis, that each covered service
24
worker, including those subject to a collec-
25
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•S 753 IS
tive bargaining agreement, is paid a wage
1
and fringe benefits that comply with the
2
requirements described in subparagraphs
3
(A) and (B) of such paragraph.
4
‘‘(ii) EVIDENCE OF CERTIFICATION.—
5
Where certification is required under
6
clause (i), an airport sponsor shall obtain
7
from each entity that employs a covered
8
service worker a certification that each
9
such covered service worker at such airport
10
is paid a wage and fringe benefits that
11
comply with the requirements described in
12
subparagraphs (A) and (B) of paragraph
13
(1).
14
‘‘(B) COMPLIANCE REPORT.—In order to
15
ensure compliance, an airport sponsor subject
16
to the requirement under paragraph (1) shall
17
require any entity that employs a covered serv-
18
ice worker at such airport to submit a report to
19
the airport sponsor, on an annual basis, certi-
20
fying compliance with the requirements de-
21
scribed in subparagraphs (A) and (B) of para-
22
graph (1).
23
‘‘(C) COMPLIANCE AUTHORITY.—
24
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•S 753 IS
‘‘(i) IN GENERAL.—The Secretary of
1
Transportation shall have the authority to
2
ensure compliance with this subsection.
3
‘‘(ii) GOOD
FAITH
COMPLIANCE
BY
4
AIRPORT
SPONSOR.—The
Secretary
of
5
Transportation may, at the Secretary’s dis-
6
cretion, determine that an airport sponsor
7
shall not be considered to be in violation of
8
this subsection upon a showing of good
9
faith compliance with the requirements of
10
subparagraphs (A) and (B).
11
‘‘(4) NON-PREEMPTION
OF
STATE
OR
LOCAL
12
LAWS.—Nothing in this subsection shall preempt
13
any State or local law (including a regulation) or
14
policy that requires a higher minimum wage or oth-
15
erwise requires greater benefits or protections for
16
covered service workers than the requirements of
17
this subsection.’’.
18
(c)
PASSENGER
FACILITY
CHARGES.—Section
19
40117(d) of title 49, United States Code, is amended—
20
(1) in paragraph (3), by striking ‘‘and’’ at the
21
end;
22
(2) by redesignating paragraph (4) as para-
23
graph (5); and
24
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•S 753 IS
(3) by inserting after paragraph (3) the fol-
1
lowing:
2
‘‘(4) the eligible agency has certified that it is
3
in compliance with the requirements under section
4
47107(x), if such requirements apply to the eligible
5
agency;’’.
6
(d) DISCRETIONARY GRANT.—Section 47115(d)(2)
7
of title 49, United States Code, is amended—
8
(1) in subparagraph (A), by striking ‘‘and’’ at
9
the end;
10
(2) in subparagraph (B), by striking the period
11
at the end and insertin
[Text truncated for display. Full text available on Congress.gov.]