,,ii #aafth ,,congress #b;d ,session ,s4 #chhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #c1 #bjbj,mr4 ,blumenthal 7for himself1 ,ms4 ,cantwell1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 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 #bjai 7,,covid-#ai7 and require the owners and operators of equipment and facilities used by passenger or freight transportation employers to clean1 disinfect1 and sanitize that equipment and provide personal protective equipment to certain employees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,essential ,transportation ,employee ,safety ,act of #bjbj4 #b4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,transportation4 #c4 ,priority testing for essential transportation employees 7a7 ,in general ,the ,secretary shall-- 7#a7 adopt1 for use by the ,department of ,transportation in carrying out response efforts relating to1 and operations during1 the ,coronavirus ,disease #bjai 7,,covid-#ai7 pandemic1 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 #ai1 #bjbj1 entitled ,guidance on the ,essential ,critical ,infrastructure ,workforce3 ,ensuring ,community and ,national ,resilience in ,,covid-#ai ,response 7or a subsequent version of that advisory list72 and 7#b7 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 7#a7 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai74 #d4 ,requirements for owners and operators of equipment or facilities used by passenger or freight transportation employers 7a7 ,definitions ,in this section3 7#a7 ,at-risk employee ,the term at-risk employee means an employee 7including a ,federal employee7 or contractor of a passenger or freight transportation employer-- 7,a7 whose job responsibilities involve interaction with-- 7i7 passengers2 7ii7 the public2 or 7iii7 coworkers who interact with the public2 7,b7 who handles items which are handled or will be handled by the public2 or 7,c7 who works in locations where social distancing and other preventative measures with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai7 are not possible4 7#b7 ,passenger or freight transportation employer ,the term passenger or freight transportation employer includes-- 7,a7 the owner1 charterer1 managing operator1 master1 or other individual in charge of a passenger vessel 7as defined in section #baja of title #df1 ,united ,states ,code72 7,b7 an air carrier 7as defined in section #djajb of title #di1 ,united ,states ,code72 7,c7 a rail carrier 7as defined in section #bdajb of title #di1 ,united ,states ,code72 7,d7 a rail carrier 7as defined in section #ajajb of title #di1 ,united ,states ,code72 7,e7 a commuter authority 7as defined in section #bdajb of title #di1 ,united ,states ,code72 7,f7 a regional transportation authority 7as defined in section #bdajb of title #di1 ,united ,states ,code72 7,g7 a provider of public transportation 7as defined in section #ecjb of title #di1 ,united ,states ,code72 7,h7 a provider of motorcoach services 7as defined in section #cbgjb of the ,motorcoach ,enhanced ,safety ,act of #bjab 7#di ,u4,s4,c4 #caacf note2 ,public ,law #aab-ada772 7,i7 a motor carrier that owns or operates more than #ajj motor vehicles 7as those terms are defined in section #cij4e of title #di1 ,code of ,federal ,regulations 7or successor regulations772 7,j7 a sponsor1 owner1 or operator of a public-use airport 7as defined in section #dgajb of title #di1 ,united ,states ,code72 7,k7 an owner or operator of a vessel operating in commercial service 7as defined in section #baja of title #df1 ,united ,states ,code72 7,l7 a marine terminal operator 7as defined in section #djajb of title #df1 ,united ,states ,code7 and the relevant authority or operator of a port or harbor2 and 7,m7 the ,transportation ,security ,administration1 exclusively with respect to ,transportation ,security ,officers4 7b7 ,requirements ,for the purposes of responding to1 or for purposes relating to operations during1 the ,coronavirus ,disease #bjai 7,,covid-#ai7 pandemic1 the ,secretary shall require-- 7#a7 the owners and operators of equipment or facilities used by passenger or freight transportation employers1 as applicable-- 7,a7 to clean1 disinfect1 and sanitize1 in accordance with guidance issued by the ,centers for ,disease ,control and ,prevention1 the equipment and facilities1 including1 as applicable-- 7i7 buses2 7ii7 commercial motor vehicles2 7iii7 freight locomotives2 7iv7 freight and passenger rail cars2 7v7 vessels2 7vi7 airports2 7vii7 vehicles used for the transportation of workers to job sites where interaction with the public will occur2 7viii7 aircraft1 including the cockpit and the cabin2 and 7ix7 other equipment and facilities2 7,b7 to ensure that facilities1 including enclosed facilities1 owned1 operated1 and used by passenger or freight transportation employers1 including facilities used for employee training or the performance of indoor or outdoor maintenance1 repair1 or overhaul work1 are disinfected and sanitized frequently in accordance with guidance issued by the ,centers for ,disease ,control and ,prevention2 7,c7 to provide to at-risk employees-- 7i7 masks or protective face coverings2 7ii7 gloves2 7iii7 hand sanitizer2 7iv7 sanitizing wipes with sufficient alcohol content2 and 7v7 training on the proper use of personal protective equipment and sanitizing equipment2 7,d7 to ensure that employees whose job responsibilities include the cleaning1 disinfecting1 or sanitizing described in subparagraphs 7,a7 and 7,b7 are provided-- 7i7 masks or protective face coverings2 7ii7 gloves2 7iii7 hand sanitizer2 and 7iv7 sanitizing wipes with sufficient alcohol content2 7,e7 to establish guidelines1 or adhere to any existing applicable guidelines1 for notifying an employee of the owner or operator of a confirmed diagnosis of the ,coronavirus ,disease #bjai 7,,covid-#ai7 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 #dh-;hour period preceding the time at which the diagnosed employee developed symptoms2 7,f7 to require that passengers wear masks or protective face coverings while in or using a passenger transportation carrier2 and 7,g7 to require each flight crew member to wear a mask or protective face covering while on board an aircraft and outside the flight deck2 and 7#b7 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 deck1 including a safety risk assessment with respect to that proposal4 7c7 ,market unavailability of necessary items 7#a7 ,notice of market unavailability 7,a7 ,in general ,if an owner or operator described in paragraph 7#a7 of subsection 7b7 is unable to acquire #a or more items necessary to comply with the requirements prescribed under that paragraph due to market unavailability of the items1 the owner or operator shall-- 7i7 not later than #g days after the date on which the owner or operator is unable to acquire each applicable item1 submit to the ,secretary a written notice explaining the efforts made and obstacles faced by the owner or operator to acquire that item2 and 7ii7 continue making efforts to acquire that item until the item is acquired4 7,b7 ,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 7,a7 by the date described in paragraph 7#d77;,b77ii7 with respect to the notice1 the owner or operator may submit an updated notice with respect to that item4 7#b7 ,reasonable effort determination ,with respect to each notice submitted under paragraph 7#a71 the ,secretary shall determine whether the owner or operator submitting the notice has made reasonable efforts to acquire the item described in the notice4 7#c7 ,notice of compliance ,not later than #g 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 7#a7 in a quantity sufficient to comply with the requirements prescribed under subsection 7b77#a71 the owner or operator shall submit to the ,secretary a written notice of compliance with those requirements4 7#d7 ,list of owners and operators making reasonable efforts to acquire unavailable items 7,a7 ,in general ,the ,secretary shall publish on a public website of the ,department of ,transportation a list that1 with respect to each notice submitted to the ,secretary under paragraph 7#a7 for which the ,secretary has made a positive determination under paragraph 7#b7-- 7i7 identifies the owner or operator that submitted the notice2 7ii7 identifies the item that the owner or operator was unable to acquire2 and 7iii7 describes the reasonable efforts made by the owner or operator to acquire that item4 7,b7 ,removal from list ,the ,secretary shall remove each entry on the list described in subparagraph 7,a7 on the earlier of-- 7i7 the date on which the applicable owner or operator submits to the ,secretary a notice of compliance under paragraph 7#c7 with respect to the item that is the subject of the entry2 and 7ii7 the date that is #ij days after the date on which the entry was added to the list4 7d7 ,penalties 7#a7 ,in general ,subject to paragraph 7#b71 an owner or operator described in subsection 7b77#a7 that fails to perform the duties prescribed under that subsection is liable to the ,federal ,government for a civil penalty of #a1jjj for each employee affected by each violation1 to be distributed to those affected employees4 7#b7 ,exemption ,an owner or operator identified on the list described in subsection 7c77#d77;,a7 shall not be subject to the penalties described in paragraph 7#a7 with respect to a failure to perform a duty prescribed under subsection 7b77#a7 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 list4 #e4 ,protection of certain federal aviation administration employees 7a7 ,in general ,for the duration of the national emergency declared by the ,president under the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq47 with respect to the ,coronavirus ,disease #bjai 7,,covid-#ai71 in order to maintain the safe and efficient operation of the air traffic control system1 the ,administrator of the ,federal ,aviation ,administration shall-- 7#a7 provide any air traffic controller and airway transportation systems specialist of the ,federal ,aviation ,administration with masks or protective face coverings1 gloves1 and hand sanitizer and wipes of sufficient alcohol content2 7#b7 ensure that each air traffic control facility is cleaned1 disinfected1 and sanitized frequently in accordance with ,centers for ,disease ,control and ,prevention guidance2 and 7#c7 provide any employee of the ,federal ,aviation ,administration whose job responsibilities involve cleaning1 disinfecting1 and sanitizing a facility described in paragraph 7#b7 with masks or protective face coverings and gloves1 and ensure that each contractor of the ,federal ,aviation ,administration provides any employee of the contractor with those materials4 7b7 ,source of equipment ,the items described in subsection 7a77#a7 may be procured or provided under that subsection through any source available to the ,administrator of the ,federal ,aviation ,administration4