Great Lakes Winter Commerce Act of 2021

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. Short title This Act may be cited as the Great Lakes Winter Commerce Act of 2021 2. Great Lakes icebreaking operations (a) In general Subchapter IV of chapter 5 564. Great Lakes icebreaking operations (a) Icebreaking operations The Commandant shall conduct icebreaking operations in the Great Lakes in accordance with the standard for icebreaking operations under subsection (b). (b) Standard for icebreaking operations In carrying out subsection (a)— (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 (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. (c) Report to Congress (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. (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). (3) Types of Great Lakes waters The types of waters described in this paragraph are— (A) United States waters, excluding waters described in subparagraph (C); (B) Canadian waters, excluding waters described in subparagraph (C); and (C) frequent border crossing waters. (d) Coordination with industry The Commandant shall coordinate Great Lakes icebreaking operations with operators of commercial vessels. (e) Definitions In this section: (1) Commercial vessel The term commercial vessel (2) Great Lakes The term Great Lakes (A) has the meaning given such term in section 118 of the Federal Water Pollution Control Act ( 33 U.S.C. 1268 (B) includes harbors. (3) Ice-covered waterway The term ice-covered waterway (4) Open to navigation The term open to navigation (5) Reasonable demands of commerce The term reasonable demands of commerce (6) Frequent border crossing waters The term frequent border crossing waters (A) Whitefish Bay in Lake Superior; (B) the St. Mary’s River; (C) the Detroit and St. Clair rivers system; and (D) Western Lake Erie from the Detroit River to Pelee Passage. . (b) Clerical amendment The table of analysis for chapter 5 564. Great Lakes icebreaking operations. . (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. 3. Great Lakes icebreaker acquisition (a) Authorization Section 8107(a) of the Elijah E. Cummings Coast Guard Authorization Act of 2020 ( Public Law 116–283 $160,000,000 $350,000,000 (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 Public Law 116–283

Summary: Great Lakes Winter Commerce Act of 2021 This bill directs the U.S. Coast Guard to conduct icebreaking operations in the Great Lakes in accordance with specific performance standards. Specifically, the Coast Guard must keep channels and harbors in the Great Lakes open to navigation not less than 90% of the hours that commercial vessels and ferries attempt to transit ice-covered waterways; and 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, keep channels and harbors open to navigation at least 70% of the hours that commercial vessels and ferries attempt to transit ice-covered waterways. Additionally, the Coast Guard must 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. The bill also directs the Coast Guard to acquire a Great Lakes icebreaker that is at least as capable as Coast Guard Cutter Mackinaw. The Government Accountability Office must submit to Congress a report on the Coast Guard Great Lakes icebreaking program.