To replace section 3 with provisions on COVID-19 mitigation guidance for cruise ships and resumption of cruise ship operations.

SA 1489. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 593, to restrict the imposition by the Secretary of Homeland Security of fines, penalties, duties, or tariffs applicable only to coastwise voyages, or prohibit otherwise qualified non-United States citizens from serving as crew, on specified vessels transporting passengers between the State of Washington and the State of Alaska, to address a Canadian cruise ship ban and the extraordinary impacts of the COVID-19 pandemic on Alaskan communities, and for other purposes; which was referred to the Committee on Commerce, Science, and Transportation; as follows:

Strike section 3 and insert the following:

SEC. 3. COVID-19 MITIGATION GUIDANCE FOR CRUISE SHIPS; RESUMPTION OF CRUISE SHIP OPERATIONS.

(a) COVID-19 Mitigation Guidance for Cruise Ships.--

(1) In general.--Not later than the earlier of 30 days after the date of enactment of this Act or June 1, 2021, the Secretary of Health and Human Services (referred to in this section as the “Secretary”), acting through the Director of the Centers for Disease Control and Prevention (referred to in this section as the “Director”) and in consultation with the interagency working group established under paragraph (3), shall issue recommendations for how to mitigate the risks of COVID-19 introduction, transmission, and spread among passengers and crew onboard cruise ships and ashore to communities. The Secretary may later update or modify such recommendations as necessary to mitigate such risks.

(2) Applicability.--The recommendations issued under paragraph (1) shall be applicable to all cruise ships subject to the order entitled “No Sail Order and Suspension of Further Embarkation”, issued by the Director on March 24, 2020 (85 Fed. Reg. 16628), or any modification to, or extension of, such order.

(3) Working group.--

(A) Establishment.--There is hereby established, as soon as practicable after the date of enactment of this Act, an interagency working group, for purposes of developing, not later than 30 days after the date of enactment of this Act, the recommendations described in paragraph (1),

(B) Members.--The interagency working group shall consist of--

(i) the Secretary (or designee) serving as Chair;

(ii) the Secretaries (or designees) of Transportation, of Homeland Security, and of Commerce; and

(iii) industry stakeholders appointed by the Secretary.

(C) Scope of recommendations.--In developing the recommendations described in paragraph (1), the interagency working group shall consider public health safety needs; risk mitigation strategies and health protocols for passengers and crew that are consistent with, and not substantially more burdensome than, the guidance applied by the Centers for Disease Control and Prevention to other business sectors and travel-related industries; and overall economic impacts, costs, and benefits of the recommendations.

(b) Resumption of Cruise Ship Operations.--On the date of enactment of this Act, the Secretary shall revoke the order entitled “Framework for Conditional Sailing and Initial Phase COVID-19 Testing Requirements for Protection of Crew”, issued by the Director on November 4, 2020 (85 Fed. Reg. 70153), under the authority of sections 361 and 365 of the Public Health Service Act (42 U.S.C. 264; 268), and any other order or regulation that prohibits the operation of all cruise ships in United States waters, requires such ships to obtain approval from the Director prior to operating, or otherwise acts as a de facto prohibition for cruise ship operations in the United States.

(c) Rules of Construction.--Nothing in this section shall limit the authority of the Secretary to make and enforce such regulations that, in the judgment of the Secretary, are necessary to prevent the introduction, transmission, or spread of communicable diseases on any individual cruise ship presenting a public health threat by reason of the existence of any communicable disease.