[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