,,ii #aaith ,,congress #b;d ,session ,s4 #dihb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ad1 #bjbf,mr4 ,markey 7for himself1 ,mr4 ,schumer1 ,ms4 ,baldwin1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,ms4 ,duckworth1 ,mr4 ,durbin1 ,mr4 ,gallego1 ,mrs4 ,gillibrand1 ,mr4 ,merkley1 ,mr4 ,murphy1 ,mr4 ,padilla1 ,mr4 ,sanders1 ,ms4 ,smith1 ,mr4 ,van ,hollen1 ,mr4 ,warnock1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to require employers of airport service workers at small1 medium1 and large hub airports to ensure that airport service workers are paid the prevailing wage and provided fringe benefits1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,good ,jobs for ,good ,airports ,act4 #b4 ,good jobs for good airports 7a7 ,findings2 purposes 7#a7 ,findings ,congress finds the following3 7,a7 ,safe and effective airport operations are essential to national commerce and the general welfare4 7,b7 ,a well-trained1 stable workforce at our ,nation's airports is critical to ensuring public safety and security1 as well as the health and safety of the public and protection from infectious diseases4 7,c7 ,the ,federal ,government has invested billions of dollars in creating and maintaining our ,nation's aviation infrastructure1 reflecting the national interest in maintaining airports across the country4 7,d7 ,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 coverage4 ,in fact1 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 operations4 7,e7 ,effective management of airports and effective airport security requires that workforce turnover be reduced and that the workforce be highly trained and highly motivated4 7,f7 ,in connection with setting wage and benefits standards for those engaged in airport services1 there is a need to establish an orderly system that reconciles competing interests without undue disruption4 7#b7 ,purposes ,the purposes of this ,act are-- 7,a7 to provide a mechanism for ensuring minimum wage and benefits standards for individuals who work in airports2 and 7,b7 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 operations4 7b7 ,amendments to title #di of the ,united ,states ,code ,to ensure minimum wage and benefits for covered service workers 7#a7 ,covered service worker definition ,section #djajb7;a7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#dh7 covered service worker-- 7,a7 means an individual who furnishes services for1 or on the property or premises of1 a small hub airport1 medium hub airport1 or large hub airport1 performing-- 7i7 functions that are related to the air transportation of persons1 property1 or mail1 including-- 7,i7 the loading or unloading of property on aircraft or a building or facility on the airport property2 7,,ii7 assistance to passengers1 including assistance under part #chb of title #ad1 ,code of ,federal ,regulations2 7,,iii7 security2 7,,iv7 airport ticketing or check-in functions2 7,v7 ground-handling of aircraft or related equipment 7but not including mechanical services1 machinery maintenance1 car service maintenance1 services at maintenance-related stores1 fueling1 de-icing1 or other mechanic-related functions72 7,,vi7 aircraft cleaning and sanitization functions or waste removal2 7,,vii7 cleaning within an airport terminal or other building or facility on the airport property2 7,,viii7 transportation of employees or individuals within the airport property2 or 7,,ix7 ramp agent functions2 7ii7 concessions services on the property of an airport1 including-- 7,i7 food service1 including food and beverage service1 wait service1 busing1 cooks1 or cashiers2 7,,ii7 retail service1 including retail related to news or gifts or duty-free retail services2 7,,iii7 cleaning for concession services2 7,,iv7 security for concession services2 or 7,v7 airport lounge services1 including food1 retail1 cleaning1 or security services for or at an airport lounge2 7iii7 airline catering services 7such as the preparation or assembly of food1 beverages1 provisions1 or related supplies on the airport property or premises or offsite for delivery1 and the delivery of such items1 directly to aircraft or to a location on or near airport property for subsequent delivery to aircraft at the airport72 or 7iv7 food or beverage service1 housekeeping1 or hotel service at a hotel located on airport property2 7,b7 includes an individual without regard to any contractual relationship alleged to exist between the individual and a contractor or subcontractor2 7,c7 shall not include an employee to whom the exemption under section #ac7;a77#a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bac7;a77#a77 applies2 and 7,d7 shall not include an employee of-- 7i7 a ,state1 municipality1 or other political subdivision of a ,state or an authority created by an agreement between #b or more ,states2 or 7ii7 the ,transportation ,security ,administration or a qualified private screening company performing security screening of passengers pursuant to a contract entered into with the ,transportation ,security ,administration4 7#di7 covered employer means any person engaged in commerce1 or in any industry or activity affecting commerce1 who employs #a or more covered service workers4 4 7#b7 ,air commerce and safety 7,a7 ,in general ,chapter #dja of title #di1 ,united ,states ,code1 is amended by adding at the end the following new section3 #djacc4 ,labor standards for certain airport service jobs 7a7 ,requirement ,any covered employer providing services at or for a small1 medium1 or large hub airport shall ensure that all covered service workers1 including those subject to a collective bargaining agreement1 employed by the covered employer are paid a wage and fringe benefits that are-- 7#a7 with respect to such wage1 not less than the higher of-- 7,a7 the minimum hourly wage for the appropriate locality and classification as determined in accordance with chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act71 by the ,secretary of ,labor under subsection 7c77#a77;,a71 adjusted annually to reflect any changes made by such ,secretary in such determinations2 or 7,b7 the minimum hourly wage required under an applicable ,state or local minimum wage law 7including a regulation7 or policy1 including the policy of a political subdivision of a ,state or an authority created by a compact between #b or more ,states or #a or more ,states and the ,district of ,columbia1 that applies to covered service workers2 and 7#b7 with respect to such fringe benefits1 not less than the greater of-- 7,a7 the minimum fringe benefits for the appropriate locality and classification as determined in accordance with chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act71 by the ,secretary of ,labor under subsection 7c77#a77;,a71 adjusted annually to reflect any changes made by such ,secretary in such determinations2 or 7,b7 the minimum fringe benefits required under an applicable ,state or local law 7including a regulation7 or policy1 including the policy of a political subdivision of a ,state or an authority created by a compact between #b or more ,states or #a or more ,states and the ,district of ,columbia1 that applies to covered service workers4 7b7 ,certification requirement for covered employers 7#a7 ,in general ,a covered employer shall certify1 under penalty of perjury1 in a manner determined by the ,secretary of ,transportation1 on a monthly basis that all covered service workers1 including those subject to a collective bargaining agreement1 employed by the covered employer are provided wage and fringe benefits that comply with the requirements described in paragraphs 7#a7 and 7#b7 of subsection 7a74 7#b7 ,failure to submit certification ,the failure to submit a certification under paragraph 7#a7 shall constitute a violation of this section4 7#c7 ,false certification ,the submission of a false certification under paragraph 7#a7 shall constitute a violation of this section4 7c7 ,classifications and wage determinations 7#a7 ,in general ,the ,secretary of ,labor shall-- 7,a7 not later than #abj days after the date of enactment of this section and in accordance with paragraph 7#b71 issue a wage determination with minimum hourly wage and fringe benefits in accordance with the methodology used by the ,secretary of ,labor under chapter #fg of title #da1 ,united ,states ,code 7commonly known as the ,service ,contract ,act71 appropriate for each class of covered service worker for purposes of paragraphs 7#a77;,a7 and 7#b77;,a7 of subsection 7a72 and 7,b7 not later than #abj days after the date of enactment of this section and annually thereafter1 provide to the ,secretary of ,transportation the applicable minimum hourly wage and fringe benefits required for purposes of subsection 7a7 with respect to each such class of covered service worker4 7#b7 ,new occupational categories ,in issuing the wage determinations under paragraph 7#a77;,a71 the ,secretary of ,labor-- 7,a7 shall ensure that each class of covered service worker is classified appropriately in a category of occupation of a type covered under chapter #fg of title #da1 ,united ,states ,code2 and 7,b7 to the extent needed to carry out subparagraph 7,a71 may establish #a or more new categories of occupation of a type covered under chapter #fg of title #da1 ,united ,states ,code1 to ensure that all classes of covered service workers have an appropriate determination of minimum hourly wage and fringe benefits4 7d7 ,rulemaking authority ,the ,secretary of ,labor and the ,secretary of ,transportation may prescribe regulations to implement this section1 provided that such regulations prescribed by the ,secretary of ,transportation shall be consistent with such regulations prescribed by the ,secretary of ,labor4 7e7 ,enforcement 7#a7 ,wage and benefit enforcement ,the ,secretary of ,labor shall have the authority to enforce the wage and fringe benefit requirements for covered service workers described in paragraphs 7#a7 and 7#b7 of subsection 7a71 including the authority to issue orders1 conduct investigations1 examine the records of covered employers1 hold hearings1 make decisions based on findings of fact1 and take other appropriate action pursuant to the authority of the ,secretary of ,labor under the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq474 7#b7 ,certification enforcement 7,a7 ,in general ,the ,secretary of ,transportation shall have the authority to enforce the certification requirement described in subsection 7b71 including the authority to issue orders1 conduct investigations1 examine the records of covered employers1 hold hearings1 make decisions based on findings of fact1 and take other appropriate action pursuant to the ,secretary of ,transportation's authority4 7,b7 ,considerations ,in determining whether a covered employer submitted a false certification under subsection 7b71 the ,secretary of ,transportation shall consider as evidence any findings of fact made by the ,secretary of ,labor regarding a covered employer's failure to comply with the wage and fringe benefit requirements described in paragraphs 7#a7 and 7#b7 of subsection 7a74 7f7 ,non-,preemption of state or local laws ,nothing in this section shall preempt any ,state or local law 7including a regulation7 or policy that requires a higher minimum wage or otherwise requires greater benefits or protections for covered service workers than the requirements of this section4 7g7 ,report to ,congress ,not later than #a year after the date of enactment of the ,good ,jobs for ,good ,airports ,act1 and annually thereafter1 the ,secretary of ,transportation shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on their efforts to implement such ,act1 as well as an assessment of the efforts of covered employers to come into compliance with the requirements of such ,act4 7h7 ,publication of data ,the ,secretary of ,transportation shall publish complaint data relating to covered service workers in a manner comparable to other aviation consumer complaint data4 4 7,b7 ,clerical amendment ,the analysis for chapter #dja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #djacb the following3 #djacc4 ,labor standards for certain airport service jobs4 4 7#c7 ,penalties ,section #dfcja of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a71 by adding at the end the following new paragraph3 7#i7 ,penalties relating to labor standards for certain airport service jobs ,notwithstanding paragraph 7#a71 the maximum civil penalty for a violation of section #djacc shall be an amount not to exceed #c times the amount of a civil penalty as described in paragraph 7#a74 2 and 7,b7 in subsection 7c77#a77;,a71 by striking or section #ddiji of this title and inserting section #ddiji1 or section #djacc of this title44 7#d7 ,investigations and proceedings 7,a7 ,in general ,chapter #dfa of title #di1 ,united ,states ,code1 is amended by adding at the end the following new section3 #dfaab4 ,enforcement of labor standards for certain airport service jobs by interested persons ,an interested person may bring a civil action in a district court of the ,united ,states against a person to enforce section #djacc4 ,the action may be brought in the judicial district in which the defendant does business or the violation occurred4 4 7,b7 ,clerical amendment ,the analysis for chapter #dfa of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #dfaaa the following3 #dfaab4 ,enforcement of labor standards for certain airport service jobs by interested persons4 4 7c7 ,minimum wage and fringe benefits for covered service workers under the ,fair ,labor ,standards ,act of #aich ,section #f of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7 is amended by adding at the end the following3 7h7 ,covered service workers performing services for small1 medium1 and large hub airports 7#a7 ,in general ,in lieu of the rate prescribed by subsection 7a77#a71 an employer shall pay each employee employed as a covered service worker 7as defined in section #djajb7;a7 of title #di1 ,united ,states ,code71 providing services at or for a small hub airport1 medium hub airport1 or large hub airport 7as those terms are defined in such section71 who in any workweek is engaged in commerce or in the production of goods for commerce1 or is employed in an enterprise engaged in commerce or in the production of goods for commerce1 a minimum wage and fringe benefits as provided under section #djacc7;a7 of title #di1 ,united ,states ,code4 7#b7 ,administration and enforcement of fringe benefits ,for purposes of administration and enforcement of any unpaid fringe benefits required under paragraph 7#a71 the fair market value amount of any such fringe benefits shall be deemed unpaid minimum wages under this ,act4 4