Great Lakes Winter Commerce Act of 2021
Bill: H.R.1561 | Sponsor: Rep. Gallagher, Mike (R-WI)
Policy area: Transportation and Public Works

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
The bill also directs the Coast Guard to acquire a Great Lakes icebreaker that is at least as capable as Coast Guard Cutter Mackinaw in an accelerated timeframe and award the contract on the basis of contractor qualification and price.

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,

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) 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' 
        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'--
                    ``(A) has the meaning given such term in section 
                118 of the Federal Water Pollution Control Act (33 
                U.S.C. 1268); and
                    ``(B) includes 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.
            ``(6) Frequent border crossing waters.--The term `frequent 
        border crossing waters' means the United States waters and 
        Canadian waters of--
                    ``(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 of 
title 14, United States Code, is amended by adding at the end the 
following:

``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.

SEC. 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) is amended by 
striking ``$160,000,000'' and inserting ``$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), 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.
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