II 

116TH CONGRESS 

2D SESSION S. 4570 

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 

SEPTEMBER 15, 2020 

Ms. BALDWIN (for herself, Mr. YOUNG, and Mr. PETERS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Great Lakes Winter 

5 Commerce Act of 2020’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4570 IS

1 SEC. 2. GREAT LAKES ICEBREAKING OPERATIONS. 

2 (a) IN GENERAL.—Subchapter IV of chapter 5 of 

3 title 14, United States Code, is amended by adding at the 

4 end the following: 

5 ‘‘§ 564. Great Lakes icebreaking operations 

6 ‘‘(a) ICEBREAKING OPERATIONS.—The Commandant 

7 shall conduct icebreaking operations in the Great Lakes 

8 in accordance with the standard for icebreaking operations 

9 under subsection (b). 

10 ‘‘(b) STANDARD FOR ICEBREAKING OPERATIONS.— 

11 In carrying out subsection (a)— 

12 ‘‘(1) except as provided in paragraph (2), the 

13 Commandant shall keep channels and harbors in the 

14 Great Lakes open to navigation not less than 90 

15 percent of the hours that commercial vessels and fer16 ries attempt to transit ice-covered waterways; and 

17 ‘‘(2) in a year in which the Great Lakes are not 

18 open to navigation because of ice of a thickness that 

19 occurs on average only once every 10 years, the 

20 Coast Guard shall keep channels and harbors in the 

21 Great Lakes open to navigation at least 70 percent 

22 of the hours that commercial vessels and ferries at23 tempt to transit ice-covered waterways. 

24 ‘‘(c) REPORT TO CONGRESS.—Not later than July 1 

25 of each year, the Commandant shall submit to Congress 

26 a report on the icebreaking operations conducted by the 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4570 IS

1 Coast Guard in the Great Lakes for the most recent fiscal 

2 year for which data are available. 

3 ‘‘(d) COORDINATION WITH INDUSTRY.—The Com4 mandant shall coordinate Great Lakes icebreaking oper5 ations with operators of commercial vessels. 

6 ‘‘(e) ICEBREAKING IN CANADA.—Except when nec7 essary to assist commercial vessels documented under title 

8 46, United States Code, that are operating in Canadian 

9 waters or for the safety of life, the Coast Guard shall 

10 prioritize icebreaking in United States waters of the Great 

11 Lakes over icebreaking in Canadian waters of the Great 

12 Lakes. 

13 ‘‘(f) DEFINITIONS.—For the purposes of this section: 

14 ‘‘(1) COMMERCIAL VESSEL.—The term ‘com15 mercial vessel’ means any privately owned cargo ves16 sel of at least 500 tons operating in the Great Lakes 

17 during the winter season. 

18 ‘‘(2) GREAT LAKES.—The term ‘Great Lakes’ 

19 has the meaning given such term in section 118 of 

20 the Federal Water Pollution Control Act (33 U.S.C. 

21 1268). 

22 ‘‘(3) ICE-COVERED WATERWAY.—The term ‘ice23 covered waterway’ means any portion of the Great 

24 Lakes in which commercial vessels operate that is 70 

25 percent or greater covered by ice, but does not inVerDate Sep 11 2014 07:21 Sep 16, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4570.IS S4570

kjohnson on DSK79L0C42PROD with BILLS
4 

•S 4570 IS

1 clude any waters adjacent to piers or docks for 

2 which commercial icebreaking services are available. 

3 ‘‘(4) OPEN TO NAVIGATION.—The term ‘open to 

4 navigation’ means navigable to the extent necessary 

5 to meet the reasonable demands of commerce, mini6 mize delays to passenger ferries, extricate vessels 

7 and persons from danger, prevent damage due to 

8 flooding, and conduct other Coast Guard missions as 

9 required. 

10 ‘‘(5) REASONABLE DEMANDS OF COMMERCE.— 

11 The term ‘reasonable demands of commerce’ means 

12 the safe movement of commercial vessels transiting 

13 ice-covered waterways in the Great Lakes at a speed 

14 consistent with the design capability of Coast Guard 

15 icebreakers operating in the Great Lakes.’’. 

16 (b) CLERICAL AMENDMENT.—The table of analysis 

17 for such chapter is amended by adding at the end the fol18 lowing: 

‘‘564. Great Lakes icebreaking operations.’’. 

19 (c) REPORT.—Not later than the first July 1 after 

20 the first winter in which the Commandant of the Coast 

21 Guard is subject to the requirements of section 564 of title 

22 14, United States Code, such Commandant shall submit 

23 to the Committee on Transportation and Infrastructure 

24 of the House and the Committee on Commerce, Science, 

25 and Transportation of the Senate, a report on the cost 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 4570 IS

1 to the Coast Guard of meeting the requirements of such 

2 section. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS