Essential Transportation Employee Safety Act of 2021
Bill: S.303 | Sponsor: Sen. Blumenthal, Richard (D-CT)
Policy area: Transportation and Public Works

Summary:
Essential Transportation Employee Safety Act of 2021
This bill requires the Department of Transportation (DOT) to support the efforts of state and local governments to prioritize COVID-19 (i.e., coronavirus disease 2019) testing of transportation workers who are categorized as essential critical infrastructure workers. Essential critical infrastructure employees include those who work in industries such as medical and health care, telecommunications, information technology systems, defense, food and agriculture, transportation and logistics, energy, water and wastewater, law enforcement, and public works.
Additionally, during the COVID-19 pandemic, DOT must require (1) the owners and operators of equipment or facilities used by passenger or freight transportation employers to implement personal protective equipment and disinfection and sanitization procedures; and (2) an air carrier to submit to the Federal Aviation Administration (FAA) a proposal to permit pilots to wear masks or protective face coverings in the flight deck, including a safety risk assessment with respect to such proposal.
The bill sets forth requirements for owners or operators who cannot acquire necessary personal protective equipment due to market unavailability.
For the duration of the COVID-19 national emergency, the FAA must (1) provide certain employees, including air traffic controllers and airway transportation systems specialists, with personal protective and sanitizing equipment; (2) ensure that air traffic control facilities are cleaned, disinfected, and sanitized frequently; and (3) ensure its contractors provide their employees with personal protective equipment.

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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