,,ii ,calendar ,no4 #aig #aagth ,,congress #ast ,session ,s4 #egf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #c1 #bjba,ms4 ,baldwin 7for herself1 ,mr4 ,young1 ,mr4 ,peters1 ,mr4 ,casey1 and ,ms4 ,smith7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,december #af1 #bjba,reported by ,ms4 ,cantwell1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to amend title #ad1 ,united ,states ,code1 to require the ,coast ,guard to conduct icebreaking operations in the ,great ,lakes to minimize commercial disruption in the winter months1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,great ,lakes ,winter ,commerce ,act of #bjba4 #b4 ,great ,lakes icebreaking operations 7a7 ,in general ,subchapter ,,iv of chapter #e of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #efd4 ,great ,lakes icebreaking operations 7a7 ,icebreaking operations ,the ,commandant shall conduct icebreaking operations in the ,great ,lakes in accordance with the standard for icebreaking operations under subsection 7b74 7b7 ,standard for icebreaking operations ,in carrying out subsection 7a7-- 7#a7 except as provided in paragraph 7#b71 the ,commandant shall keep ice-covered waterways in the ,great ,lakes open to navigation not less than #ij percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways2 and 7#b7 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 #aj years1 the ,coast ,guard shall keep ice-covered waterways in the ,great ,lakes open to navigation at least #gj percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways4 7c7 ,report to ,congress 7#a7 ,deadline ,not later than ,july #a of each year1 the ,commandant shall submit to ,congress a report on the icebreaking operations conducted by the ,coast ,guard in the ,great ,lakes for the fiscal year4 7#b7 ,content ,the report required under paragraph 7#a7 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 7#c7 and the total number of hours that ,canadian icebreakers conducted icebreaking operations in the type of ,great ,lakes waters described in subparagraphs 7#c77;,a7 and 7#c77;,c74 7#c7 ,types of ,great ,lakes waters ,the types of waters described in this paragraph are-- 7,a7 ,united ,states waters1 excluding waters described in subparagraph 7,c72 7,b7 ,canadian waters1 excluding waters described in subparagraph 7,c72 and 7,c7 frequent border crossing waters4 7d7 ,coordination with industry ,the ,commandant shall coordinate ,great ,lakes icebreaking operations with operators of commercial vessels4 7e7 ,definitions ,in this section3 7#a7 ,commercial vessel ,the term commercial vessel means any privately owned cargo vessel of at least #ejj tons1 as measured under section #adejb of title #df or an alternate tonnage measured under section #adcjb of such title as prescribed by the ,secretary under section #adajd of such title1 operating in the ,great ,lakes during the winter season4 7#b7 ,great ,lakes ,the term ,great ,lakes-- 7,a7 has the meaning given such term in section #aah of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abfh72 and 7,b7 includes harbors4 7#c7 ,ice-covered waterway ,the term ice-covered waterway means any portion of the ,great ,lakes in which commercial vessels operate that is #gj percent or greater covered by ice1 but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions4 7#d7 ,open to navigation ,the term open to navigation means navigable to the extent necessary to meet the reasonable demands of commerce1 minimize delays to passenger ferries1 extricate vessels and persons from danger1 prevent damage due to flooding1 and conduct other ,coast ,guard missions as required4 7#e7 ,reasonable demands of commerce ,the term reasonable demands of commerce means the safe movement of commercial vessels transiting ice-covered waterways in the ,great ,lakes1 regardless of type of cargo1 at a speed consistent with the design capability of ,coast ,guard icebreakers operating in the ,great ,lakes4 7#f7 ,frequent border crossing waters ,the term frequent border crossing waters means the ,united ,states waters and ,canadian waters of-- 7,a7 ,whitefish ,bay in ,lake ,superior2 7,b7 the ,st4 ,mary's ,river2 7,c7 the ,detroit and ,st4 ,clair rivers system2 and 7,d7 ,western ,lake ,erie from the ,detroit ,river to ,pelee ,passage4 4 7b7 ,clerical amendment ,the table of analysis for chapter #e of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #efd4 ,great ,lakes icebreaking operations4 4 7c7 ,report ,not later than the first ,july #a after the first winter in which the ,commandant of the ,coast ,guard is subject to the requirements of section #efd of title #ad1 ,united ,states ,code1 the ,commandant shall submit to the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the cost to the ,coast ,guard of meeting the requirements of such section4 #c4 ,great ,lakes icebreaker acquisition 7a7 ,authorization ,section #hajg7;a7 of the ,elijah ,e4 ,cummings ,coast ,guard ,authorization ,act of #bjbj 7,public ,law #aaf-bhc7 is amended by striking #afj1jjj1jjj and inserting #cej1jjj1jjj4 7b7 ,exemption ,notwithstanding sections #aaje7;a77#b71 #aaca1 and #aacb of title #ad1 ,united ,states ,code1 and the requirements in the ,competition in ,contracting ,act 7#aj ,u4,s4,c4 #bcjd71 and subject to the availability of appropriations1 the ,commandant shall acquire the icebreaker described in section #hajg7;a7 of the ,elijah ,e4 ,cummings ,coast ,guard ,authorization ,act of #bjbj 7,public ,law #aaf-bhc7 through other than full and open competition in an accelerated timeframe and award the contract on the basis of contractor qualification and price4 #a4 ,short title ,this ,act may be cited as the ,great ,lakes ,winter ,commerce ,act of #bjba4 #b4 ,great ,lakes icebreaking operations 7a7 ,in general ,subchapter ,,iv of chapter #e of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #efd4 ,great ,lakes icebreaking operations 7a7 ,,gao report 7#a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 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 program4 7#b7 ,elements ,the report required under paragraph 7#a7 shall include the following3 7,a7 ,an evaluation of the economic impact related to vessel delays or cancellations associated with ice coverage on the ,great ,lakes4 7,b7 ,an evaluation of mission needs4 7,c7 ,an evaluation of the impact that the proposed standards described in subsection 7b7 would have on-- 7i7 ,coast ,guard operations in the ,great ,lakes2 7ii7 ,northeast icebreaking missions2 and 7iii7 inland waterway operations4 7,d7 ,a fleet mix analysis for meeting such proposed standards4 7,e7 ,a description of any resources necessary to support the fleet mix resulting from such fleet mix analysis1 including for crew and operating costs4 7,f7 ,recommendations to the ,commandant for improvements to the ,great ,lakes icebreaking program1 including with respect to facilitating commerce and meeting all ,coast ,guard mission needs4 7b7 ,proposed standards for icebreaking operations ,the proposed standards described in this subsection are the following3 7#a7 ,except as provided in paragraph 7#b71 the ,commandant shall keep ice-covered waterways in the ,great ,lakes open to navigation not less than #ij percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways4 7#b7 ,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 #aj years1 the ,commandant shall keep ice-covered waterways in the ,great ,lakes open to navigation at least #gj percent of the hours that commercial vessels and ferries attempt to transit such ice-covered waterways4 7c7 ,report by ,commandant ,not later than #ij days after the date on which the ,comptroller ,general submits the report under subsection 7a71 the ,commandant shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes the following3 7#a7 ,a plan for ,coast ,guard implementation of any recommendation made by the ,comptroller ,general under subparagraph 7,f7 of subsection 7a77#b7 the ,commandant considers appropriate4 7#b7 ,with respect to any recommendation made under such subparagraph that the ,commandant declines to implement1 a justification for such decision4 7#c7 ,a review of1 and a proposed implementation plan for1 the results of the fleet mix analysis under subparagraph 7,d7 of that subsection4 7#d7 ,any proposed modifications to the standards for icebreaking operations in the ,great ,lakes4 4 7b7 ,clerical amendment ,the table of analysis for chapter #e of title #ad1 ,united ,states ,code1 is amended by adding at the end the following3 #efd4 ,great ,lakes icebreaking operations4 4 #c4 ,database on icebreaking operations in the ,great ,lakes 7a7 ,in general ,the ,commandant of the ,coast ,guard 7referred to in this ,act as the ,commandant7 shall establish and maintain a database for collecting1 archiving1 and disseminating data on icebreaking operations and commercial vessel transit in the ,great ,lakes during ice season4 7b7 ,elements ,the database required under subsection 7a7 shall include the following3 7#a7 ,attempts by commercial vessels and ferries to transit ice-covered waterways in the ,great ,lakes that are unsuccessful because of inadequate icebreaking4 7#b7 ,the period of time that each commercial vessel or ferry was unsuccessful at transiting due to inadequate icebreaking4 7#c7 ,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 assets4 7#d7 ,relevant communications of each such commercial vessel or ferry with the ,coast ,guard and commercial icebreaking services during such period4 7#e7 ,a description of any mitigating circumstance1 such as ,coast ,guard icebreaker diversions to higher priority missions that may have contributed to the amount of time described in paragraph 7#c74 7c7 ,voluntary reporting ,any reporting by operators of commercial vessels or ferries under this ,act shall be voluntary4 7d7 ,public availability ,the ,commandant shall make the database available to the public on a publicly accessible internet website of the ,coast ,guard4 7e7 ,consultation with industry ,with respect to the ,great ,lakes icebreaking operations of the ,coast ,guard and the development of the database required under subsection 7a71 the ,commandant shall consult operators of commercial vessels and ferries4 7f7 ,definitions ,in this section3 7#a7 ,commercial vessel ,the term commercial vessel means any privately owned cargo vessel of at least #ejj tons1 as measured under section #adejb of title #df1 or an alternate tonnage measured under section #adcjb of such title as prescribed by the ,secretary under section #adajd of such title1 operating in the ,great ,lakes during the winter season4 7#b7 ,great ,lakes ,the term ,great ,lakes means the ,united ,states waters of ,lake ,superior1 ,lake ,michigan1 ,lake ,huron1 ,lake ,erie1 and ,lake ,ontario1 their connecting waterways1 and their adjacent harbors4 7#c7 ,ice-covered waterway ,the term ice-covered waterway means any portion of the ,great ,lakes in which commercial vessels operate that is #gj percent or greater covered by ice1 but does not include any waters adjacent to piers or docks for which commercial icebreaking services are available and adequate for the ice conditions4 7#d7 ,open to navigation ,the term open to navigation means navigable to the extent necessary to meet the reasonable demands of commerce1 minimize delays to passenger ferries1 extricate vessels and persons from danger1 prevent damage due to flooding1 and conduct other ,coast ,guard missions as required4 7#e7 ,reasonable demands of commerce ,the term reasonable demands of commerce means the safe movement of commercial vessels transiting ice-covered waterways in the ,great ,lakes1 regardless of type of cargo1 at a speed consistent with the design capability of ,coast ,guard icebreakers operating in the ,great ,lakes4 7g7 ,public briefing ,not later than the first ,july #a after the first winter in which the ,commandant is subject to the requirements of section #efd of title #ad1 ,united ,states ,code1 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 section4 #d4 ,great ,lakes icebreaker acquisition ,of the amounts authorized to be appropriated by section #dijb7b77;,a77ii7 of title #ad1 ,united ,states ,code1 #cej1jjj1jjj shall be made available to the ,commandant for fiscal year #bjbb for the acquisition of a ,great ,lakes icebreaker at least as capable as ,coast ,guard ,cutter ,mackinaw 7,,wlbb-#cj74 ,december #af1 #bjba,reported with an amendment