I 
117TH CONGRESS 
1ST SESSION H. R. 1561 
To amend title 14, United States Code, to require the Coast Guard to 
conduct icebreaking operations in the Great Lakes to minimize commer-
cial disruption in the winter months, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2021 
Mr. GALLAGHER (for himself, Ms. KAPTUR, Mr. GIBBS, Mrs. DINGELL, Mrs. 
MCCLAIN, Mr. BERGMAN, Ms. MOORE of Wisconsin, Mr. HUIZENGA, Mr. 
JOYCE of Ohio, and Mr. STAUBER) introduced the following bill; which 
was referred to the Committee on Transportation and Infrastructure 
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 Representa-
tives 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’’. 
VerDate Sep 11 2014 
23:44 Apr 17, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1561.IH
H1561
kjohnson on DSK79L0C42PROD with BILLS
‘‘(1) COMMERCIAL
VESSEL.—The term ‘com-
mercial vessel’ means any privately owned cargo ves-
sel 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, op-
erating 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 in-
clude 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, mini-
mize delays to passenger ferries, extricate vessels 
and persons from danger, prevent damage due to 
VerDate Sep 11 2014 
23:44 Apr 17, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1561.IH
H1561
kjohnson on DSK79L0C42PROD with BILLS
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 de-
sign 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 sys-
tem; 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 
VerDate Sep 11 2014 
23:44 Apr 17, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1561.IH
H1561
kjohnson on DSK79L0C42PROD with BILLS
the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the cost to the Coast Guard of meeting the require-
ments 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 Con-
tracting Act (10 U.S.C. 2304), and subject to the avail-
ability 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. 
Æ 
VerDate Sep 11 2014 
23:44 Apr 17, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H1561.IH
H1561
kjohnson on DSK79L0C42PROD with BILLS