Airline Accountability Act

II 116TH CONGRESS 1ST SESSION S. 2678 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 OCTOBER 23, 2019 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. 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 ‘‘Airline Accountability 4 Act’’. 5 SEC. 2. PROMOTION OF ECONOMIC SECURITY AND WORK- 6 PLACE ACCOUNTABILITY. 7 (a) REQUIRED DISCLOSURES.—The Administrator of 8 the General Services Administration shall require an air 9 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2678.IS S2678 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2678 IS carrier, as a condition of eligibility for a contract under 1 the City Pair Program (or a successive program for Fed- 2 eral employee air travel administered by such Adminis- 3 trator), to disclose to the Secretary of Labor, on an annual 4 basis and to the best of the air carrier’s knowledge, wheth- 5 er, within the preceding 3-year period, any administrative 6 merits determination, arbitral award or decision, or civil 7 judgment, as defined in guidance issued by the Secretary 8 of Labor, has been issued against the air carrier or any 9 of its subcontractors, for violations of any of the following 10 labor laws, including Executive orders: 11 (1) The Fair Labor Standards Act of 1938 (29 12 U.S.C. 201 et seq.). 13 (2) The Occupational Safety and Health Act of 14 1970 (29 U.S.C. 651 et seq.). 15 (3) The National Labor Relations Act (29 16 U.S.C. 151 et seq.). 17 (4) Subchapter IV of chapter 31 of title 40, 18 United States Code (commonly known as the 19 ‘‘Davis-Bacon Act’’). 20 (5) Chapter 67 of title 41, United States Code 21 (commonly known as the ‘‘Service Contract Act’’). 22 (6) Executive Order 11246 (42 U.S.C. 2000e 23 note; relating to equal employment opportunity). 24 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2678.IS S2678 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2678 IS (7) Section 503 of the Rehabilitation Act of 1 1973 (29 U.S.C. 793). 2 (8) Section 4212 of title 38, United States 3 Code. 4 (9) The Family and Medical Leave Act of 1993 5 (29 U.S.C. 2601 et seq.). 6 (10) Title VII of the Civil Rights Act of 1964 7 (42 U.S.C. 2000e et seq.). 8 (11) The Americans with Disabilities Act of 9 1990 (42 U.S.C. 12101 et seq.). 10 (12) The Age Discrimination in Employment 11 Act of 1967 (29 U.S.C. 621 et seq.). 12 (13) Executive Order 13658 (79 Fed. Reg. 13 9851; relating to establishing a minimum wage for 14 contractors). 15 (14) The Railway Labor Act (45 U.S.C. 151 et 16 seq.). 17 (15) Equivalent State laws, as defined in guid- 18 ance issued by the Secretary of Labor. 19 (b) RESPONSIBILITY FOR SUBCONTRACTORS.— 20 (1) IN GENERAL.—The Administrator of the 21 General Services Administration shall require an air 22 carrier, as a condition of eligibility for a contract 23 under the City Pair Program (or a successive pro- 24 gram for Federal employee air travel administered 25 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2678.IS S2678 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2678 IS by such Administrator), to incorporate into each 1 subcontract a requirement that the subcontractor 2 discloses to the air carrier any administrative merits 3 determination, arbitral award or decision, or civil 4 judgment, as defined in guidance issued by the Sec- 5 retary of Labor, rendered against the subcontractor 6 within the preceding 3-year period for violations of 7 any of the requirements of the labor laws, including 8 Executive orders, listed in subsection (a). 9 (2) CONSULTATION.—The Secretary of Labor 10 shall be available, as appropriate, for consultation 11 with an air carrier to assist in evaluating the infor- 12 mation on labor compliance submitted by a subcon- 13 tractor pursuant to paragraph (1). 14 (c) CORRECTIVE MEASURES.—On an annual basis, 15 the Secretary of Labor— 16 (1) shall provide an air carrier who makes a 17 disclosure pursuant to subsection (a) an opportunity 18 to report any steps taken by the air carrier or any 19 of its subcontractors to correct the violations of or 20 improve compliance with the labor laws, including 21 Executive orders, listed in such subsection, including 22 any agreements entered into with an enforcement 23 agency; and 24 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2678.IS S2678 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2678 IS (2) may negotiate with such air carrier correc- 1 tive measures that the air carrier or any of its sub- 2 contractors may take in order to avoid having the 3 air carrier placed on the list described in subsection 4 (d). 5 (d) LIST OF INELIGIBLE AIR CARRIERS.— 6 (1) IN GENERAL.—For each year that a con- 7 tract is solicited under the City Pair Program (or a 8 successive program for Federal employee air travel 9 administered by the Administrator of the General 10 Services Administration), the Secretary of Labor 11 shall prepare, and submit to such Administrator, a 12 list of air carriers that shall be ineligible for such so- 13 licitation based on serious, repeated, willful, or per- 14 vasive violations of the labor laws, including Execu- 15 tive orders, listed under subsection (a) committed by 16 the air carrier, or any of its subcontractors, and the 17 failure of such air carriers, or any of its subcontrac- 18 tors, to complete any corrective measures negotiated 19 under subsection (c). 20 (2) INELIGIBILITY.—The Administrator of the 21 General Services Administration shall not solicit a 22 contract under the City Pair Program (or a succes- 23 sive program for Federal employee air travel admin- 24 istered by such Administrator) from any air carrier 25 VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2678.IS S2678 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2678 IS on the list described in paragraph (1) that applies 1 to the year of the solicitation. 2 (e) APPLICABILITY.—The requirements under this 3 Act shall not apply with respect to any contract solicited 4 prior to 2 years after the date of enactment of this Act. 5 Æ VerDate Sep 11 2014 00:44 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S2678.IS S2678 pamtmann on DSKBC07HB2PROD with BILLS