Alaska Tourism Restoration Act
Bill: H.R.1318 | Sponsor: Rep. Young, Don (R-AK)
Policy area: Transportation and Public Works

Summary:
Alaska Tourism Restoration Act
This bill temporarily allows specific foreign-owned and foreign-flagged cruise ships to transport passengers directly between ports in the states of Washington and Alaska without stopping in Canada. Under current law, these ships cannot transport passengers from one U.S. port to another without stopping in a foreign country.
The bill deems a round trip voyage between ports in the states of Washington and Alaska as a foreign voyage if (1) during the voyage, the operators of such voyage send U.S. Customs and Border Protection and the Canada Border Services Agency an email containing the names of each alien crew member with a valid nonimmigrant work visa; and (2) the voyage begins not later than February 28, 2022. The operators of these voyages must also retain a COVID-19 Conditional Sailing Certificate from the Centers for Disease Control and Prevention (CDC) and operate in accordance with CDC restrictions associated with the certificate.
Authority to conduct these voyages shall terminate on March 31, 2022, or when Canada lifts its COVID-related restrictions, whichever occurs first. Voyages may not occur during any period for which the CDC has issued an order to suspend cruise ship operations.
The bill also directs the Department of Transportation to require, through regulations, the installation of automated external defibrillators on passenger vessels (including cruise ships), among other requirements.

[117th Congress Public Law 14]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 273]]

Public Law 117-14
117th Congress

                                 An Act


 
  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. <<NOTE: May 24, 
                         2021 -  [H.R. 1318]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Alaska Tourism 
Restoration Act.>> 
SECTION 1. <<NOTE: 46 USC 101 note.>>  SHORT TITLE.

     This Act may be cited as the ``Alaska Tourism Restoration Act''.
SEC. 2. VOYAGE DEEMED TO BE FOREIGN.

    (a) Definition of Covered Cruise Ship.--
            (1) In general.--In this section, the term ``covered cruise 
        ship'' means a vessel included on the list under paragraph (2) 
        that--
                    (A) has been issued, operates in accordance with, 
                and retains a COVID-19 Conditional Sailing Certificate 
                of the Centers for Disease Control and Prevention; and
                    (B) operates in accordance with any restrictions or 
                guidance of the Centers for Disease Control and 
                Prevention associated with such Certificate, including 
                any such restrictions or guidance issued after the date 
                of enactment of this Act.
            (2) List.--The vessels listed under this paragraph are the 
        following:
                    (A) Carnival Freedom (IMO number 9333149).
                    (B) Carnival Miracle (IMO number 9237357).
                    (C) Crystal Serenity (IMO number 9243667).
                    (D) Discovery Princess (IMO number 9837468).
                    (E) Emerald Princess (IMO number 9333151).
                    (F) Eurodam (IMO number 9378448).
                    (G) Golden Horizon (IMO number 9793545).
                    (H) Grand Princess (IMO number 9104005).
                    (I) Hanseatic Inspiration (IMO number 9817145).
                    (J) Koningsdam (IMO number 9692557).
                    (K) NG Quest (IMO number 9798985).
                    (L) NG Sea Bird (IMO number 8966444).
                    (M) NG Sea Lion (IMO number 8966456).
                    (N) NG Venture (IMO number 9799044).
                    (O) Nieuw Amsterdam (IMO number 9378450).
                    (P) Noordam (IMO number 9230115).

[[Page 135 STAT. 274]]

                    (Q) Zuiderdam (IMO number 9221279).
                    (R) Majestic Princess (IMO number 9614141).
                    (S) Ovation of the Seas (IMO number 9697753).
                    (T) Radiance of the Seas (IMO number 9195195).
                    (U) Serenade of the Seas (IMO number 9228344).
                    (V) Eclipse (IMO number 9404314).
                    (W) Millennium (IMO number 9189419).
                    (X) Solstice (IMO number 9362530).
                    (Y) Norwegian Bliss (IMO number 9751509).
                    (Z) Norwegian Encore (IMO number 9751511).
                    (AA) Norwegian Jewel (IMO number 9304045).
                    (BB) Norwegian Spirit (IMO number 9141065).
                    (CC) Norwegian Sun (IMO number 9218131).
                    (DD) Ocean Victory (IMO number 9868869).
                    (EE) Pacific Princess (IMO number 9187887).
                    (FF) Pacific World (IMO number 9000259).
                    (GG) Quantum of the Seas (IMO number 9549463).
                    (HH) Queen Elizabeth (IMO number 9477438).
                    (II) Disney Wonder (IMO number 9126819).
                    (JJ) Regatta (IMO number 9156474).
                    (KK) Roald Amundsen (IMO number 9813072).
                    (LL) Ruby Princess (IMO number 9378462).
                    (MM) Sapphire Princess (IMO number 9228186).
                    (NN) Scenic Eclipse (IMO number 9797371).
                    (OO) Seabourn Odyssey (IMO number 9417086).
                    (PP) Seabourn Venture 2 (IMO 9862023).
                    (QQ) Seven Seas Mariner (IMO number 9210139).
                    (RR) Silver Shadow (IMO number 9192167).
                    (SS) Silver Wind (IMO number 8903935).
                    (TT) Star Breeze (IMO number 8807997).
                    (UU) Sylvia Earle (IMO number 9872327).
                    (VV) Westerdam (IMO number 9226891).
                    (WW) L'Austral (IMO number 9502518).
                    (XX) Silver Muse (IMO number 9784350).
                    (YY) Viking Orion (IMO number 9796250).

    (b) Criteria.--A roundtrip voyage of a covered cruise ship 
transporting passengers between a port or place in the State of Alaska 
and a port or place in the State of Washington shall be deemed to have 
made a stop in a port or place of Canada, and deemed a foreign voyage, 
for purposes of the law of the United States, if--
            (1) during the voyage, the covered cruise ship sends an 
        email containing the information described in subsection (c) 
        to--
                    (A) the Canada Border Services Agency;
                    (B) the Commissioner of Customs and Border 
                Protection; and
                    (C) each alien crewman on such voyage who is in 
                possession of a valid, unexpired nonimmigrant visa 
                issued pursuant to subparagraph (C) or (D) of section 
                101(a)(15) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(15)); and
            (2) <<NOTE: Deadline.>>  the voyage begins not later than 
        February 28, 2022.

    (c) Email.--An email described in subsection (b)(1) shall contain 
the names of each alien crewman described in subparagraph (C) of such 
subsection.

[[Page 135 STAT. 275]]

    (d) Employment of Alien Crewmen.--On the date on which a covered 
cruise ship sends an email to the Canada Border Services Agency in 
accordance with subsection (b)(1), each alien crewman described in 
subparagraph (C) of such subsection shall be deemed to have departed the 
United States, entered Canada, and been readmitted to the United States 
for purposes of complying with, during the applicable voyage described 
in subsection (b), the 29-day authorized stay pursuant to their 
nonimmigrant visas issued pursuant to subparagraph (C) or (D) of section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)).
    (e) Exception.--Notwithstanding subsection (b), a voyage described 
in such subsection shall not be deemed a foreign voyage for purposes of 
section 446 of the Tariff Act of 1930 (19 U.S.C. 1446) or any other 
provision of law relating to levying duties or taxes on goods, including 
consumables, purchased for use onboard the covered cruise ship.
    (f) Applicability.--This section shall not apply to a roundtrip 
voyage during any period for which the Director of the Centers for 
Disease Control and Prevention has issued an order under section 361 or 
365 of the Public Health Service Act (42 U.S.C. 264 and 268) that 
requires covered cruise ships to suspend vessel operations.
    (g) Duration.--The authority provided under this section shall 
terminate on the earlier of--
            (1) the date on which covered cruise ships are no longer 
        prohibited by the Government of Canada, any political 
        subdivision of Canada, or any port or province of Canada, from 
        entering, berthing, or docking in Canadian waters of the Pacific 
        Coast due to the COVID-19 pandemic; or
            (2) March 31, 2022.
SEC. 3. MEDICAL AND SAFETY STANDARDS.

    (a) In General.--Chapter 35 of title 46, United States Code, is 
amended by adding at the end the following:
``Sec. 3510. <<NOTE: 46 USC 3510.>>  Additional medical and safety 
                  standards

    ``(a) <<NOTE: Deadline. Consultation. Regulations. Requirements.>>  
Automated External Defibrillators.--Not later than 1 year after the date 
of enactment of this section, the Secretary, in consultation with the 
Secretary of Health and Human Services and other appropriate Federal 
agencies, shall promulgate regulations to--
            ``(1) require that the owner of a vessel to which section 
        3507 applies install, and maintain in working order, automated 
        external defibrillators on such vessel;
            ``(2) require that such defibrillators be placed throughout 
        such vessel in clearly designated locations;
            ``(3) require that such defibrillators are available for 
        passenger and crew access in the event of an emergency; and
            ``(4) require that automated external defibrillators, or 
        adjacent equipment, allow passengers and crew to easily contact 
        medical staff of the vessel.

    ``(b) Definition of Owner.--In this section, the term `owner' has 
the meaning given such term in section 3507.''.

[[Page 135 STAT. 276]]

    (b) Clerical Amendment.--The analysis for chapter 35 of title 46, 
United States Code, <<NOTE: 46 USC 3501 prec.>>  is amended by adding at 
the end the following:

``Sec. 3510. Additional medical and safety standards.''.

    Approved May 24, 2021.

LEGISLATIVE HISTORY--H.R. 1318:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
            May 20, considered and passed House and Senate.

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