[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 576 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 197
117th CONGRESS
  1st Session
                                 S. 576

 To amend title 14, United States Code, to require the Coast Guard to 
     conduct icebreaking operations in the Great Lakes to minimize 
  commercial disruption in the winter months, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2021

  Ms. Baldwin (for herself, Mr. Young, Mr. Peters, Mr. Casey, and Ms. 
Smith) introduced the following bill; which was read twice and referred 
       to the Committee on Commerce, Science, and Transportation

                           December 16, 2021

              Reported by Ms. Cantwell, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend title 14, United States Code, to require the Coast Guard to 
     conduct icebreaking operations in the Great Lakes to minimize 
  commercial disruption in the winter months, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Great Lakes Winter Commerce 
Act of 2021''.</DELETED>

<DELETED>SEC. 2. GREAT LAKES ICEBREAKING OPERATIONS.</DELETED>

<DELETED>    (a) In General.--Subchapter IV of chapter 5 of title 14, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>``Sec. 564. Great Lakes icebreaking operations</DELETED>
<DELETED>    ``(a) Icebreaking Operations.--The Commandant shall 
conduct icebreaking operations in the Great Lakes in accordance with 
the standard for icebreaking operations under subsection (b).</DELETED>
<DELETED>    ``(b) Standard for Icebreaking Operations.--In carrying 
out subsection (a)--</DELETED>
        <DELETED>    ``(1) except as provided in paragraph (2), the 
        Commandant shall keep ice-covered waterways in the Great Lakes 
        open to navigation not less than 90 percent of the hours that 
        commercial vessels and ferries attempt to transit such ice-
        covered waterways; and</DELETED>
        <DELETED>    ``(2) in a year in which the Great Lakes are not 
        open to navigation because of ice of a thickness that occurs on 
        average only once every 10 years, the Coast Guard shall keep 
        ice-covered waterways in the Great Lakes open to navigation at 
        least 70 percent of the hours that commercial vessels and 
        ferries attempt to transit such ice-covered 
        waterways.</DELETED>
<DELETED>    ``(c) Report to Congress.--</DELETED>
        <DELETED>    ``(1) Deadline.--Not later than July 1 of each 
        year, the Commandant shall submit to Congress a report on the 
        icebreaking operations conducted by the Coast Guard in the 
        Great Lakes for the fiscal year.</DELETED>
        <DELETED>    ``(2) Content.--The report required under 
        paragraph (1) shall include the total number of hours that 
        United States icebreakers conducted icebreaking operations in 
        each of the types of Great Lakes waters described in paragraph 
        (3) and the total number of hours that Canadian icebreakers 
        conducted icebreaking operations in the type of Great Lakes 
        waters described in subparagraphs (3)(A) and (3)(C).</DELETED>
        <DELETED>    ``(3) Types of great lakes waters.--The types of 
        waters described in this paragraph are--</DELETED>
                <DELETED>    ``(A) United States waters, excluding 
                waters described in subparagraph (C);</DELETED>
                <DELETED>    ``(B) Canadian waters, excluding waters 
                described in subparagraph (C); and</DELETED>
                <DELETED>    ``(C) frequent border crossing 
                waters.</DELETED>
<DELETED>    ``(d) Coordination With Industry.--The Commandant shall 
coordinate Great Lakes icebreaking operations with operators of 
commercial vessels.</DELETED>
<DELETED>    ``(e) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Commercial vessel.--The term `commercial 
        vessel' means any privately owned cargo vessel of at least 500 
        tons, as measured under section 14502 of title 46 or an 
        alternate tonnage measured under section 14302 of such title as 
        prescribed by the Secretary under section 14104 of such title, 
        operating in the Great Lakes during the winter 
        season.</DELETED>
        <DELETED>    ``(2) Great lakes.--The term `Great Lakes'--
        </DELETED>
                <DELETED>    ``(A) has the meaning given such term in 
                section 118 of the Federal Water Pollution Control Act 
                (33 U.S.C. 1268); and</DELETED>
                <DELETED>    ``(B) includes harbors.</DELETED>
        <DELETED>    ``(3) Ice-covered waterway.--The term `ice-covered 
        waterway' means any portion of the Great Lakes in which 
        commercial vessels operate that is 70 percent or greater 
        covered by ice, but does not include any waters adjacent to 
        piers or docks for which commercial icebreaking services are 
        available and adequate for the ice conditions.</DELETED>
        <DELETED>    ``(4) Open to navigation.--The term `open to 
        navigation' means navigable to the extent necessary to meet the 
        reasonable demands of commerce, minimize delays to passenger 
        ferries, extricate vessels and persons from danger, prevent 
        damage due to flooding, and conduct other Coast Guard missions 
        as required.</DELETED>
        <DELETED>    ``(5) Reasonable demands of commerce.--The term 
        `reasonable demands of commerce' means the safe movement of 
        commercial vessels transiting ice-covered waterways in the 
        Great Lakes, regardless of type of cargo, at a speed consistent 
        with the design capability of Coast Guard icebreakers operating 
        in the Great Lakes.</DELETED>
        <DELETED>    ``(6) Frequent border crossing waters.--The term 
        `frequent border crossing waters' means the United States 
        waters and Canadian waters of--</DELETED>
                <DELETED>    ``(A) Whitefish Bay in Lake 
                Superior;</DELETED>
                <DELETED>    ``(B) the St. Mary's River;</DELETED>
                <DELETED>    ``(C) the Detroit and St. Clair rivers 
                system; and</DELETED>
                <DELETED>    ``(D) Western Lake Erie from the Detroit 
                River to Pelee Passage.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of analysis for chapter 
5 of title 14, United States Code, is amended by adding at the end the 
following:</DELETED>

<DELETED>``564. Great Lakes icebreaking operations.''.
<DELETED>    (c) Report.--Not later than the first July 1 after the 
first winter in which the Commandant of the Coast Guard is subject to 
the requirements of section 564 of title 14, United States Code, the 
Commandant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
cost to the Coast Guard of meeting the requirements of such 
section.</DELETED>

<DELETED>SEC. 3. GREAT LAKES ICEBREAKER ACQUISITION.</DELETED>

<DELETED>    (a) Authorization.--Section 8107(a) of the Elijah E. 
Cummings Coast Guard Authorization Act of 2020 (Public Law 116-283) is 
amended by striking ``$160,000,000'' and inserting 
``$350,000,000''.</DELETED>
<DELETED>    (b) Exemption.--Notwithstanding sections 1105(a)(2), 1131, 
and 1132 of title 14, United States Code, and the requirements in the 
Competition in Contracting Act (10 U.S.C. 2304), and subject to the 
availability of appropriations, the Commandant shall acquire the 
icebreaker described in section 8107(a) of the Elijah E. Cummings Coast 
Guard Authorization Act of 2020 (Public Law 116-283) through other than 
full and open competition in an accelerated timeframe and award the 
contract on the basis of contractor qualification and price.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Great Lakes Winter Commerce Act of 
2021''.

SEC. 2. GREAT LAKES ICEBREAKING OPERATIONS.

    (a) In General.--Subchapter IV of chapter 5 of title 14, United 
States Code, is amended by adding at the end the following:
``Sec. 564. Great Lakes icebreaking operations
    ``(a) GAO Report.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this section, the Comptroller General of the 
        United States shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report on the Coast Guard Great Lakes 
        icebreaking program.
            ``(2) Elements.--The report required under paragraph (1) 
        shall include the following:
                    ``(A) An evaluation of the economic impact related 
                to vessel delays or cancellations associated with ice 
                coverage on the Great Lakes.
                    ``(B) An evaluation of mission needs.
                    ``(C) An evaluation of the impact that the proposed 
                standards described in subsection (b) would have on--
                            ``(i) Coast Guard operations in the Great 
                        Lakes;
                            ``(ii) Northeast icebreaking missions; and
                            ``(iii) inland waterway operations.
                    ``(D) A fleet mix analysis for meeting such 
                proposed standards.
                    ``(E) A description of any resources necessary to 
                support the fleet mix resulting from such fleet mix 
                analysis, including for crew and operating costs.
                    ``(F) Recommendations to the Commandant for 
                improvements to the Great Lakes icebreaking program, 
                including with respect to facilitating commerce and 
                meeting all Coast Guard mission needs.
    ``(b) Proposed Standards for Icebreaking Operations.--The proposed 
standards described in this subsection are the following:
            ``(1) Except as provided in paragraph (2), the Commandant 
        shall keep ice-covered waterways in the Great Lakes open to 
        navigation not less than 90 percent of the hours that 
        commercial vessels and ferries attempt to transit such ice-
        covered waterways.
            ``(2) In a year in which the Great Lakes are not open to 
        navigation because of ice of a thickness that occurs on average 
        only once every 10 years, the Commandant shall keep ice-covered 
        waterways in the Great Lakes open to navigation at least 70 
        percent of the hours that commercial vessels and ferries 
        attempt to transit such ice-covered waterways.
    ``(c) Report by Commandant.--Not later than 90 days after the date 
on which the Comptroller General submits the report under subsection 
(a), the Commandant shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transportation 
and Infrastructure of the House of Representatives a report that 
includes the following:
            ``(1) A plan for Coast Guard implementation of any 
        recommendation made by the Comptroller General under 
        subparagraph (F) of subsection (a)(2) the Commandant considers 
        appropriate.
            ``(2) With respect to any recommendation made under such 
        subparagraph that the Commandant declines to implement, a 
        justification for such decision.
            ``(3) A review of, and a proposed implementation plan for, 
        the results of the fleet mix analysis under subparagraph (D) of 
        that subsection.
            ``(4) Any proposed modifications to the standards for 
        icebreaking operations in the Great Lakes.''.
    (b) Clerical Amendment.--The table of analysis for chapter 5 of 
title 14, United States Code, is amended by adding at the end the 
following:

``564. Great Lakes icebreaking operations.''.

SEC. 3. DATABASE ON ICEBREAKING OPERATIONS IN THE GREAT LAKES.

    (a) In General.--The Commandant of the Coast Guard (referred to in 
this Act as the ``Commandant'') shall establish and maintain a database 
for collecting, archiving, and disseminating data on icebreaking 
operations and commercial vessel transit in the Great Lakes during ice 
season.
    (b) Elements.--The database required under subsection (a) shall 
include the following:
            (1) Attempts by commercial vessels and ferries to transit 
        ice-covered waterways in the Great Lakes that are unsuccessful 
        because of inadequate icebreaking.
            (2) The period of time that each commercial vessel or ferry 
        was unsuccessful at transiting due to inadequate icebreaking.
            (3) The amount of time elapsed before each such commercial 
        vessel or ferry was successfully broken out of the ice and 
        whether it was accomplished by the Coast Guard or commercial 
        icebreaking assets.
            (4) Relevant communications of each such commercial vessel 
        or ferry with the Coast Guard and commercial icebreaking 
        services during such period.
            (5) A description of any mitigating circumstance, such as 
        Coast Guard icebreaker diversions to higher priority missions 
        that may have contributed to the amount of time described in 
        paragraph (3).
    (c) Voluntary Reporting.--Any reporting by operators of commercial 
vessels or ferries under this Act shall be voluntary.
    (d) Public Availability.--The Commandant shall make the database 
available to the public on a publicly accessible internet website of 
the Coast Guard.
    (e) Consultation With Industry.--With respect to the Great Lakes 
icebreaking operations of the Coast Guard and the development of the 
database required under subsection (a), the Commandant shall consult 
operators of commercial vessels and ferries.
    (f) Definitions.--In this section:
            (1) Commercial vessel.--The term ``commercial vessel'' 
        means any privately owned cargo vessel of at least 500 tons, as 
        measured under section 14502 of title 46, or an alternate 
        tonnage measured under section 14302 of such title as 
        prescribed by the Secretary under section 14104 of such title, 
        operating in the Great Lakes during the winter season.
            (2) Great lakes.--The term ``Great Lakes'' means the United 
        States waters of Lake Superior, Lake Michigan, Lake Huron, Lake 
        Erie, and Lake Ontario, their connecting waterways, and their 
        adjacent harbors.
            (3) Ice-covered waterway.--The term ``ice-covered 
        waterway'' means any portion of the Great Lakes in which 
        commercial vessels operate that is 70 percent or greater 
        covered by ice, but does not include any waters adjacent to 
        piers or docks for which commercial icebreaking services are 
        available and adequate for the ice conditions.
            (4) Open to navigation.--The term ``open to navigation'' 
        means navigable to the extent necessary to meet the reasonable 
        demands of commerce, minimize delays to passenger ferries, 
        extricate vessels and persons from danger, prevent damage due 
        to flooding, and conduct other Coast Guard missions as 
        required.
            (5) Reasonable demands of commerce.--The term ``reasonable 
        demands of commerce'' means the safe movement of commercial 
        vessels transiting ice-covered waterways in the Great Lakes, 
        regardless of type of cargo, at a speed consistent with the 
        design capability of Coast Guard icebreakers operating in the 
        Great Lakes.
    (g) Public Briefing.--Not later than the first July 1 after the 
first winter in which the Commandant is subject to the requirements of 
section 564 of title 14, United States Code, the Commandant shall 
publish on a publicly accessible internet website of the Coast Guard a 
briefing on the cost to the Coast Guard of meeting the requirements of 
such section.

SEC. 4. GREAT LAKES ICEBREAKER ACQUISITION.

    Of the amounts authorized to be appropriated by section 
4902(2)(A)(ii) of title 14, United States Code, $350,000,000 shall be 
made available to the Commandant for fiscal year 2022 for the 
acquisition of a Great Lakes icebreaker at least as capable as Coast 
Guard Cutter Mackinaw (WLBB-30).
                                                       Calendar No. 197

117th CONGRESS

  1st Session

                                 S. 576

_______________________________________________________________________

                                 A BILL

 To amend title 14, United States Code, to require the Coast Guard to 
     conduct icebreaking operations in the Great Lakes to minimize 
  commercial disruption in the winter months, and for other purposes.

_______________________________________________________________________

                           December 16, 2021

                       Reported with an amendment