[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 303 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 303
To require the Secretary of Transportation to support the efforts of
State and local governments to provide for priority testing of certain
transportation workers with respect to the Coronavirus Disease 2019
(COVID-19) and require the owners and operators of equipment and
facilities used by passenger or freight transportation employers to
clean, disinfect, and sanitize that equipment and provide personal
protective equipment to certain employees, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 8, 2021
Mr. Blumenthal (for himself, Ms. Cantwell, and Mr. Markey) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Secretary of Transportation to support the efforts of
State and local governments to provide for priority testing of certain
transportation workers with respect to the Coronavirus Disease 2019
(COVID-19) and require the owners and operators of equipment and
facilities used by passenger or freight transportation employers to
clean, disinfect, and sanitize that equipment and provide personal
protective equipment to certain employees, 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 ``Essential Transportation Employee
Safety Act of 2021''.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
Transportation.
SEC. 3. PRIORITY TESTING FOR ESSENTIAL TRANSPORTATION EMPLOYEES.
(a) In General.--The Secretary shall--
(1) adopt, for use by the Department of Transportation in
carrying out response efforts relating to, and operations
during, the Coronavirus Disease 2019 (COVID-19) pandemic, the
categorization of certain transportation workers as ``essential
critical infrastructure workers'' in accordance with the
advisory list published by the Cybersecurity and Infrastructure
Security Agency on May 19, 2020, entitled ``Guidance on the
Essential Critical Infrastructure Workforce: Ensuring Community
and National Resilience in COVID-19 Response'' (or a subsequent
version of that advisory list); and
(2) coordinate with the Director of the Centers for Disease
Control and Prevention and the Administrator of the Federal
Emergency Management Agency to support the efforts of State and
local governments to provide for priority testing of
transportation workers categorized as essential critical
infrastructure workers under paragraph (1) with respect to the
Coronavirus Disease 2019 (COVID-19).
SEC. 4. REQUIREMENTS FOR OWNERS AND OPERATORS OF EQUIPMENT OR
FACILITIES USED BY PASSENGER OR FREIGHT TRANSPORTATION
EMPLOYERS.
(a) Definitions.--In this section:
(1) Appropriate guidance.--The term ``appropriate
guidance'' means, as applicable--
(A) guidance issued by the Centers for Disease
Control and Prevention relating to the Coronavirus
Disease 2019 (COVID-19); or
(B) the most recent revision of the safety alert
for operators issued by the Federal Aviation
Administration on May 11, 2020, and numbered SAFO 20009
(relating to COVID-19: updated interim occupational
health and safety guidance for air carriers and crews)
(or a similar or successor safety alert for operators).
(2) At-risk employee.--The term ``at-risk employee'' means
an employee (including a Federal employee) or contractor of a
passenger or freight transportation employer--
(A) whose job responsibilities involve interaction
with--
(i) passengers;
(ii) the public; or
(iii) coworkers who interact with the
public;
(B) who handles items which are handled or will be
handled by the public; or
(C) who works in locations where social distancing
and other preventative measures with respect to the
Coronavirus Disease 2019 (COVID-19) are not possible.
(3) Passenger or freight transportation employer.--The term
``passenger or freight transportation employer'' includes--
(A) the owner, charterer, managing operator,
master, or other individual in charge of a passenger
vessel (as defined in section 2101 of title 46, United
States Code);
(B) an air carrier (as defined in section 40102 of
title 49, United States Code);
(C) a provider of intercity rail passenger
transportation (as defined in section 24102 of title
49, United States Code);
(D) a rail carrier (as defined in section 10102 of
title 49, United States Code);
(E) a commuter authority (as defined in section
24102 of title 49, United States Code);
(F) a regional transportation authority (as defined
in section 24102 of title 49, United States Code);
(G) a provider of public transportation (as defined
in section 5302 of title 49, United States Code);
(H) a provider of motorcoach services (as defined
in section 32702 of the Motorcoach Enhanced Safety Act
of 2012 (49 U.S.C. 31136 note; Public Law 112-141));
(I) a motor carrier that owns or operates more than
100 motor vehicles (as those terms are defined in
section 390.5 of title 49, Code of Federal Regulations
(or successor regulations));
(J) a sponsor, owner, or operator of a public-use
airport (as defined in section 47102 of title 49,
United States Code);
(K) an owner or operator of a vessel operating in
commercial service (as defined in section 2101 of title
46, United States Code);
(L)(i) a marine terminal operator (as defined in
section 40102 of title 46, United States Code);
(ii) an employer (as defined in section 2 of the
Longshore and Harbor Workers' Compensation Act (33
U.S.C. 902)); and
(iii) the relevant authority or operator of a port
or harbor; and
(M) the Transportation Security Administration,
exclusively with respect to Transportation Security
Officers.
(b) Requirements.--For the purposes of responding to, or for
purposes relating to operations during, the national emergency declared
by the President under the National Emergencies Act (50 U.S.C. 1601 et
seq.) with respect to the Coronavirus Disease 2019 (COVID-19), the
Secretary shall require--
(1) the owners and operators of equipment or facilities
used by passenger or freight transportation employers, as
applicable--
(A) to clean, disinfect, and sanitize, in
accordance with the appropriate guidance, the equipment
and facilities, including, as applicable--
(i) buses and transit vehicles;
(ii) commercial motor vehicles;
(iii) passenger and freight locomotives;
(iv) freight and passenger rail cars;
(v) vessels;
(vi) airports;
(vii) vehicles used for the transportation
of workers to job sites where interaction with
the public will occur;
(viii) aircraft, including the cockpit and
the cabin; and
(ix) other equipment and facilities;
(B) to ensure that facilities, including enclosed
facilities, owned, operated, and used by passenger or
freight transportation employers, including facilities
used for employee training or the performance of indoor
or outdoor maintenance, repair, or overhaul work, are
disinfected and sanitized frequently in accordance with
the appropriate guidance;
(C) to provide to at-risk employees--
(i) masks or protective face coverings;
(ii) gloves;
(iii) hand sanitizer;
(iv) sanitizing wipes with sufficient
alcohol content; and
(v) training on the proper use of personal
protective equipment and sanitizing equipment;
(D) to ensure that employees whose job
responsibilities include the cleaning, disinfecting, or
sanitizing described in subparagraphs (A) and (B) are
provided--
(i) masks or protective face coverings;
(ii) gloves;
(iii) hand sanitizer; and
(iv) sanitizing wipes with sufficient
alcohol content;
(E) to establish guidelines, or adhere to any
existing applicable guidelines, including any
guidelines provided in the guidance described in
subsection (a)(1)(B), for notifying an employee of the
owner or operator of a confirmed diagnosis of the
Coronavirus Disease 2019 (COVID-19) with respect to any
other employee of the owner or operator with whom the
notified employee had physical contact or a physical
interaction during the 48-hour period preceding the
time at which the diagnosed employee developed
symptoms;
(F) to require, subject to the requirement to make
reasonable modifications to policies, practices, or
procedures under the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), the wearing of masks or
protective face coverings by--
(i) passengers traveling on transportation
provided by a passenger or freight
transportation employer; and
(ii) employees of passenger or freight
transportation employers when those employees
are--
(I) interacting with passengers,
the public, or coworkers who interact
with the public; or
(II) working in locations where
social distancing and other
preventative measures with respect to
the Coronavirus Disease 2019 (COVID-19)
are not possible;
(G) to require, subject to the reasonable
accommodations requirement of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.),
each flight crew member to wear a mask or protective
face covering while on board an aircraft and outside
the flight deck; and
(H) to ensure that each contractor of the owner or
operator provides masks or protective face coverings,
gloves, hand sanitizer, and sanitizing wipes with
sufficient alcohol content to those employees of the
contractor whose job responsibilities include the
cleaning, disinfecting, or sanitizing described in
subparagraph (A) or (B); and
(2) an air carrier to submit to the Administrator of the
Federal Aviation Administration a proposal to permit pilots to
wear masks or protective face coverings in the flight deck,
including a safety risk assessment with respect to that
proposal.
(c) Market Unavailability of Necessary Items.--
(1) Notice of market unavailability.--
(A) In general.--If an owner or operator described
in paragraph (1) of subsection (b) is unable to acquire
1 or more items necessary to comply with the
requirements prescribed under that paragraph due to
market unavailability of the items, the owner or
operator shall--
(i) not later than 7 days after the date on
which the owner or operator is unable to
acquire each applicable item, submit to the
Secretary a written notice explaining the
efforts made and obstacles faced by the owner
or operator to acquire that item; and
(ii) continue making efforts to acquire
that item until the item is acquired.
(B) Updated notice with respect to the same item.--
If an owner or operator is unable to acquire an item
described in a notice submitted under subparagraph (A)
by the date described in paragraph (4)(B)(ii) with
respect to the notice, the owner or operator may submit
an updated notice with respect to that item.
(2) Reasonable effort determination.--With respect to each
notice submitted under paragraph (1), the Secretary shall
determine whether the owner or operator submitting the notice
has made reasonable efforts to acquire the item described in
the notice.
(3) Notice of compliance.--Not later than 7 days after the
date on which an owner or operator acquires an item described
in a notice submitted by that owner or operator under paragraph
(1) in a quantity sufficient to comply with the requirements
prescribed under subsection (b)(1), the owner or operator shall
submit to the Secretary a written notice of compliance with
those requirements.
(4) List of owners and operators making reasonable efforts
to acquire unavailable items.--
(A) In general.--The Secretary shall publish on a
public website of the Department of Transportation a
list that, with respect to each notice submitted to the
Secretary under paragraph (1) for which the Secretary
has made a positive determination under paragraph (2)--
(i) identifies the owner or operator that
submitted the notice;
(ii) identifies the item that the owner or
operator was unable to acquire; and
(iii) describes the reasonable efforts made
by the owner or operator to acquire that item.
(B) Removal from list.--The Secretary shall remove
each entry on the list described in subparagraph (A) on
the earlier of--
(i) the date on which the applicable owner
or operator submits to the Secretary a notice
of compliance under paragraph (3) with respect
to the item that is the subject of the entry;
and
(ii) the date that is 90 days after the
date on which the entry was added to the list.
(d) Penalties.--
(1) In general.--Subject to paragraph (2), an owner or
operator described in subsection (b)(1) that fails to perform
the duties prescribed under that subsection is liable to the
Federal Government for a civil penalty of $1,000 for each
employee affected by each violation, to be distributed to those
affected employees.
(2) Exemption.--An owner or operator identified on the list
described in subsection (c)(4)(A) shall not be subject to the
penalties described in paragraph (1) with respect to a failure
to perform a duty prescribed under subsection (b)(1) during the
time period in which the owner or operator is identified on
that list if the failure is due to the market unavailability of
the item for which the owner or operator is included on that
list.
SEC. 5. PROTECTION OF CERTAIN FEDERAL AVIATION ADMINISTRATION
EMPLOYEES.
(a) In General.--For the duration of the national emergency
declared by the President under the National Emergencies Act (50 U.S.C.
1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19),
in order to maintain the safe and efficient operation of the air
traffic control system, the Administrator of the Federal Aviation
Administration shall--
(1) provide any air traffic controller and airway
transportation systems specialist of the Federal Aviation
Administration with masks or protective face coverings, gloves,
and hand sanitizer and wipes of sufficient alcohol content;
(2) ensure that each air traffic control facility is
cleaned, disinfected, and sanitized frequently in accordance
with Centers for Disease Control and Prevention guidance; and
(3) provide any employee of the Federal Aviation
Administration whose job responsibilities involve cleaning,
disinfecting, and sanitizing a facility described in paragraph
(2) with masks or protective face coverings and gloves, and
ensure that each contractor of the Federal Aviation
Administration provides any employee of the contractor with
those materials.
(b) Source of Equipment.--The items described in subsection (a)(1)
may be procured or provided under that subsection through any source
available to the Administrator of the Federal Aviation Administration.
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