Set Sail Safely Act

II 116TH CONGRESS 2D SESSION S. 4592 To establish a Maritime Task Force and a private sector advisory committee to address the health, safety, security, and logistical issues relating to the continuation of maritime travel, including the resumption of cruise operations, in United States waters during the COVID–19 public health emergency. IN THE SENATE OF THE UNITED STATES SEPTEMBER 16, 2020 Mr. SCOTT of Florida (for himself and Mr. RUBIO) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a Maritime Task Force and a private sector advisory committee to address the health, safety, secu- rity, and logistical issues relating to the continuation of maritime travel, including the resumption of cruise operations, in United States waters during the COVID– 19 public health emergency. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Set Sail Safely Act’’. 4 VerDate Sep 11 2014 22:51 Sep 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4592.IS S4592 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4592 IS SEC. 2. MARITIME TASK FORCE. 1 (a) ESTABLISHMENT.—Upon enactment of the Set 2 Sail Safely Act, there is established a Maritime Task 3 Force to address the health, safety, security, and logistical 4 issues relating to the continuation of maritime travel, in- 5 cluding the resumption of cruise operations, in United 6 States waters during the COVID–19 public health emer- 7 gency. 8 (b) MEMBERSHIP.— 9 (1) IN GENERAL.—The Maritime Task Force 10 shall consist of the following members, or their des- 11 ignees: 12 (A) The Secretary of Homeland Security, 13 who shall serve as the chair of the Task Force. 14 (B) The Secretary of Commerce. 15 (C) The Secretary of Transportation. 16 (D) The Secretary of Health and Human 17 Services. 18 (E) The Commandant of the Coast Guard. 19 (F) The Director of the Centers for Dis- 20 ease Control and Prevention. 21 (G) The Administrator of the Transpor- 22 tation Security Administration. 23 (H) The Commissioner of the U.S. Cus- 24 toms and Border Protection. 25 (I) The Secretary of State. 26 VerDate Sep 11 2014 22:51 Sep 21, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4592.IS S4592 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4592 IS (J) The Administrator of the Environ- 1 mental Protection Agency. 2 (K) The Chairman of the Federal Mari- 3 time Commission. 4 (L) The Chair of the National Economic 5 Council of the United States. 6 (c) DUTIES.— 7 (1) IN GENERAL.—The Maritime Task Force 8 shall meet in-person or virtually during the duration 9 of the COVID–19 public health emergency to de- 10 velop a plan containing information about the re- 11 quirements and protocols that each Federal agency 12 represented on the Maritime Task Force will imple- 13 ment to address the health, safety, security, and 14 logistical issues relating to the continuation of mari- 15 time travel in United States waters during the 16 COVID–19 public health emergency, and with re- 17 spect to the resumption of cruise operations and in- 18 creased passenger maritime travel after the COVID– 19 19 public health emergency ends. 20 (2) PRIVATE SECTOR ADVISORY COMMITTEE 21 RECOMMENDATIONS.—Not more than— 22 (A) 10 days after receiving the written rec- 23 ommendations from the private sector advisory 24 committee under section 3(c), the Secretary 25 VerDate Sep 11 2014 22:51 Sep 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4592.IS S4592 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4592 IS shall call an in-person or virtual meeting be- 1 tween the private sector advisory committee and 2 the Maritime Task Force; 3 (B) 10 days after the meeting under sub- 4 paragraph (A), the Secretary shall publish the 5 plan required under paragraph (1) in the Fed- 6 eral Register; and 7 (C) 30 days after the publication of such 8 plan in the Federal Register, each Federal 9 agency represented on the Maritime Task Force 10 shall begin implementing the plan developed 11 under paragraph (1), including taking nec- 12 essary administrative actions to implement the 13 requirements and protocols of the plan. 14 (d) COVID–19 PUBLIC HEALTH EMERGENCY.—The 15 term ‘‘COVID–19 public health emergency’’ means the 16 public health emergency related to the coronavirus that 17 has been declared by the Secretary of Health and Human 18 Services pursuant to section 319 of the Public Health 19 Service Act (42 U.S.C. 247d). 20 SEC. 3. PRIVATE SECTOR ADVISORY COMMITTEE. 21 (a) IN GENERAL.—Not later than 7 days after the 22 date of enactment of this Act, the Secretary of Homeland 23 Security shall nominate representatives to a private sector 24 VerDate Sep 11 2014 22:51 Sep 21, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4592.IS S4592 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4592 IS advisory committee to work in consultation with the Mari- 1 time Task Force. 2 (b) COMPOSITION.—The private sector advisory com- 3 mittee shall consist of the following members: 4 (1) Two representatives from the passenger 5 cruise line industry. 6 (2) One representative from the harbor pilots 7 industry. 8 (3) Two representatives from longshoremen 9 unions. 10 (4) One representative from the travel agent in- 11 dustry. 12 (5) One representative from a port council. 13 (6) One representative from vessel and cargo 14 operations. 15 (7) One representative from commercial fisher- 16 men. 17 (8) One representative from a small business 18 whose primary income is derived from working with 19 a port or cruise company. 20 (9) One representative who is a nongovern- 21 mental medical health professional with expertise in 22 infectious diseases. 23 (c) DUTIES.—Not later than 15 days after the ap- 24 pointment of all members of the private sector advisory 25 VerDate Sep 11 2014 22:51 Sep 21, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4592.IS S4592 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4592 IS committee, the private sector advisory committee shall 1 submit written recommendations to the Maritime Task 2 Force established under section 2 on policies and proce- 3 dures to be adopted for the safe resumption of the cruise 4 line industry during and after the COVID–19 public 5 health emergency, including providing recommendations 6 about— 7 (1) best scientific practices; 8 (2) measures adopted in other travel industries 9 that may be adapted for the cruise line industry; 10 and 11 (3) general matters affecting the safe and rea- 12 sonable resumption of cruise line activity. 13 (d) ADMINISTRATION.— 14 (1) EMPLOYEE STATUS.—A member of the pri- 15 vate sector advisory committee shall not be consid- 16 ered an employee of the Federal Government by rea- 17 son of service on such committee, except for the pur- 18 poses of the following: 19 (A) Chapter 81 of title 5. 20 (B) Chapter 171 of title 28 and any other 21 Federal law relating to tort liability. 22 (2) ACCEPTANCE OF VOLUNTEER SERVICES.— 23 Notwithstanding any other provision of law, a mem- 24 ber of the private sector advisory committee shall 25 VerDate Sep 11 2014 22:51 Sep 21, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4592.IS S4592 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4592 IS serve on such committee on a voluntary basis with- 1 out pay. 2 (3) STATUS OF MEMBERS.—With respect to a 3 member of the committee whom the Secretary of 4 Homeland Security appoints to represent an entity 5 or group— 6 (A) the member is authorized to represent 7 the interests of the applicable entity or group; 8 and 9 (B) requirements under Federal law that 10 would interfere with such representation and 11 that apply to a special Government employee 12 (as defined in section 202(a) of title 18), in- 13 cluding requirements relating to employee con- 14 duct, political activities, ethics, conflicts of in- 15 terest, and corruption, do not apply to the 16 member. 17 (4) SERVICE ON COMMITTEE.— 18 (A) PROHIBITION.—The Secretary of 19 Homeland Security shall not seek, consider, or 20 otherwise use information concerning the polit- 21 ical affiliation of an appointee in making an ap- 22 pointment to the committee. 23 (B) SERVICE AT PLEASURE OF THE SEC- 24 RETARY.—Each member of the committee shall 25 VerDate Sep 11 2014 22:51 Sep 21, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4592.IS S4592 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4592 IS serve at the pleasure of the Secretary of Home- 1 land Security. 2 (5) SECURITY BACKGROUND EXAMINATIONS.— 3 The Secretary of Homeland Security may require an 4 individual to have passed an appropriate security 5 background examination before appointment to the 6 committee. 7 (6) PROHIBITION.—A Federal employee may 8 not be appointed as a member of the committee. 9 (7) STAFF SERVICES.—The Secretary of Home- 10 land Security shall furnish to the committee any 11 staff and services considered by the Secretary of 12 Homeland Security to be necessary for the conduct 13 of the committee’s functions. 14 (8) TERMINATION.—The Committee shall ter- 15 minate upon conclusion of COVID–19 public health 16 emergency, as defined in section 2(d). 17 SEC. 4. NO FUNDING AUTHORIZED. 18 The Secretary of Homeland Security shall carry out 19 this Act using amounts appropriated or otherwise avail- 20 able to the Secretary. 21 Æ VerDate Sep 11 2014 22:51 Sep 21, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S4592.IS S4592 pamtmann on DSKBC07HB2PROD with BILLS