[Senate Report 113-117]
[From the U.S. Government Publishing Office]
113th Congress Report
SENATE
1st Session 113-117
_______________________________________________________________________
Calendar No. 237
ARCTIC RESEARCH, MONITORING, AND OBSERVING ACT OF 2013
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1344
November 6, 2013.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred thirteenth congress
first session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK WARNER, Virginia DAN COATS, Indiana
MARK BEGICH, Alaska TIM SCOTT, South Carolina
RICHARD BLUMENTHAL, Connecticut TED CRUZ, Texas
BRIAN SCHATZ, Hawaii DEB FISCHER, Nebraska
ED MARKEY, Massachusetts RON JOHNSON, Wisconsin
CORY BOOKER, New Jersey
Ellen Doneski, Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 237
113th Congress Report
SENATE
1st Session 113-117
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ARCTIC RESEARCH, MONITORING, AND OBSERVING ACT OF 2013
_______
November 6, 2013.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1344]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1344) to promote research,
monitoring, and observation of the Arctic and for other
purposes, having considered the same, reports favorably thereon
with an amendment (in the nature of a substitute) and
recommends that the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1344 is to amend the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4101 et seq.) to authorize the
Arctic Research Commission to enter into agreements with
appropriate agencies or organizations to administer grants to
pursue Arctic research, and to update the authorities
applicable to the Arctic Research Commission and the North
Pacific Research Board.
Background and Needs
The Arctic is a region of national importance for the
purposes of security, energy development, and environmental
stewardship. The Arctic is among the most pristine ecosystems
on Earth, and is home to iconic species, such as beluga whales
and polar bears. Many Alaskan Natives practice subsistence
lifestyles and depend on a healthy environment and natural
resources to survive. The Arctic is also rich in oil and gas
resources, the extraction of which requires intense development
work in fragile ecosystems under challenging conditions. Even
large companies, such as Shell, have faced well-documented
difficulties working in the conditions of this region.
The Obama Administration has placed a high priority on Arctic
Policy, and on May 10, 2013, President Obama signed the
National Strategy for the Arctic Region. The program
establishes the United States Government's strategic priorities
for the Arctic Region, exercising stewardship while making the
most of emerging economic opportunities in the region. It also
expresses the need for the United States to have a more robust
Arctic science program. The Deputy Assistant to the President
for Energy and Climate Policy, Heather Zichal, said, ``We are
committed to a comprehensive, science-based approach to energy
policy in the Arctic. These initiatives are part of the
Administration's commitment to continuing the expansion of safe
and responsible production of our domestic resources.''
Better scientific research, mapping, and sustained scientific
monitoring would help Federal and State agencies make informed
decisions as they work to balance regional economic development
with the protection of the environment and habitat on which the
Alaska economy and many people depend. Notably, vast areas of
the northern Alaskan marine environment have never been mapped.
Currently, Arctic research planning is addressed by a myriad of
Federal and State agencies and processes, often with competing
missions and priorities. Funding for Arctic research is
currently only available on an inconsistent basis, and lags
behind the amount available for Antarctic research. In
testimony before the Committee, environmental and commercial
maritime stakeholders have repeatedly noted that any national
Arctic science program would be most effective if the program
has a clear focus, is institutionally durable over time, and
has a stable funding mechanism.
Summary of Provisions
S. 1344 would amend the Arctic Research and Policy Act of
1984 to authorize the Arctic Research Commission (Commission)
to enter into agreements with appropriate agencies or
organizations to administer grants to pursue Arctic research.
Currently, although Federal agencies are conducting research in
the Arctic, (e.g., National Science Foundation, Department of
the Interior, National Oceanic and Atmospheric Administration)
there is a lack of Federal research focused specifically on
supporting the national Arctic research plan. The legislation
would enable the Commission to fill that void.
Provisions in this bill would instruct the Commission to
adopt conflict of interest and recusal provisions that apply to
decisions of the Commission and to all Commission members. This
would include disclosure of any financial interest in, or
relationship to, a party that is applying for funding from the
Commission held by the Commission member.
The bill would amend the Department of the Interior and
Related Agencies Appropriations Act of 1998, with respect to
the North Pacific Research Board (Board):
(1) to direct the Board to adopt conflict of interest
provisions similar to those required of the Commission
by this Act;
(2) to direct the Board to decide decisions by
majority vote; and
(3) to authorize the Secretary of Commerce to accept
funds from a source other than the U.S. Government to
be used by the Board for such grants.
Legislative History
S. 1344 was introduced by Senator Begich on July 23, 2013.
The Committee met in open Executive Session on July 30, 2013,
and, by voice vote, ordered S. 1344 reported (in the nature of
a substitute) with one amendment offered by Senator Begich, to
strengthen the original conflict of interest provisions for the
Commission and the Board. S. 1344 is similar to legislation
that Senator Begich introduced in February 2013, cosponsored by
Senator Schatz, but has been modified to delete a findings and
purposes section, as well as to remove the financing provisions
pending resolution of outstanding questions about the proposed
funding source. Bills to advance Arctic research were also
introduced in the 112th Congress by Senators Begich and
Murkowski.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 1344--Arctic Research, Monitoring, and Observing Act of 2013
Summary: S. 1344 would amend the Arctic Research and Policy
Act of 1984 to establish a grant program to provide funding to
nonfederal entities to conduct research related to the Arctic.
Based on information regarding the cost of similar grant
programs administered by the National Oceanic and Atmospheric
Administration (NOAA), CBO estimates that implementing the
legislation would cost $17 million over the 2014-2018 period.
Enacting S. 1344 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
S. 1344 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1344 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2014 2015 2016 2017 2018 2014-2018
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level........................... 4 4 4 4 4 20
Estimated Outlays....................................... 2 3 4 4 4 17
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of 2013 and that the
necessary amounts will be appropriated for each fiscal year.
Estimated outlays are based on historical spending patterns for
similar NOAA grant programs.
Pay-As-You-Go considerations: None.
Intergovernmental and private-sector impact: S. 1344
contains no intergovernmental or private-sector mandates as
defined in UMRA.
Estimate prepared by: Federal Costs: Jeff LaFave; Impact on
State, Local, and Tribal Governments: Melissa Merrell; Impact
on the Private Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The bill would modify the authorities of the Commission and
the Board, entities already subject to regulation. Therefore
the number of persons covered should be consistent with the
current number of individuals affected by law.
ECONOMIC IMPACT
The bill does not include new authorization of funds, and is
not expected to have an adverse impact on the Nation's economy.
PRIVACY
The reported bill would not have any adverse impact on the
personal privacy of individuals.
PAPERWORK
The Committee does not anticipate a major increase in
paperwork burdens resulting from the passage of this
legislation. The one area in which the bill does indirectly
authorize additional paperwork is aimed at proving grants to
interested stakeholders to improve Arctic science.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short Title.
This section would provide that the Act be cited as the
``Arctic Research, Monitoring, and Observing Act of 2013''.
Section 2. Arctic Research Commission.
This section would allow the Commission to award grants to
Federal, State, local, or tribal governments for work
pertaining to the national Arctic research program plan, both
on land and in the ocean.
This section would further authorize the Commission to enter
into agreements with agencies or organizations to administer
grants, including the reimbursement of funds from the
Commission.
Further, this section would initiate a conflict of interest
and recusal provision. These provisions would apply to any
decision by the Commission and to all members of the
Commission, treating each member as an ``affected individual,''
as defined by section 302(j) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(j)). This
requires that all members of the Commission disclose financial
interests and relationships with any organization or individual
that is seeking funding from the Commission. Senator Begich's
amendment established these provisions as a minimum standard to
mitigate conflicts of interest, though the Commission may
establish more stringent standards if it wishes to do so.
Section 3. North Pacific Research Board.
This section would give the Board the ability to adopt rules
of procedure and to establish committees. Further, all Board
decisions would be determined by majority vote.
The Board would also adopt conflict of interest and recusal
provisions, similar to the requirements of the Commission.
Senator Begich's amendment establishing the conflict of
interest standards as a minimum threshold also applies to the
Board. Finally, this section would permit the Secretary of
Commerce to accept funds from sources other than the U.S.
Government in order to carry out the functions of the Board.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
ARCTIC RESEARCH AND POLICY ACT OF 1984
[15 U.S.C. 4101 et seq.]
SEC. 103. ARCTIC RESEARCH COMMISSION.
[15 U.S.C. 4102]
(a) Establishment.--The President shall establish an Arctic
Research Commission (hereafter referred to as the
``Commission'').
(b) Membership.--
(1) The Commission shall be composed of seven members
appointed by the President, with the Director of the
National Science Foundation serving as a nonvoting, ex
officio member. The members appointed by the President
shall include--
(A) four members appointed from among
individuals from academic or other research
institutions with expertise in areas of
research relating to the Arctic, including the
physical, biological, health, environmental,
social, and behavioral sciences;
(B) one member appointed from among
indigenous residents of the Arctic who are
representative of the needs and interests of
Arctic residents and who live in areas directly
affected by Arctic resource development; and
(C) two member appointed from among
individuals familiar with the Arctic and
representative of the needs and interests of
private industry undertaking resource
development in the Arctic.
(2) The President shall designate one of the
appointed members of the Commission to be chairperson
of the Commission.
(c) Terms of Office; Vacancies; Hold-over Status.--
(1) Except as provided in paragraph (2) of this
subsection, the term of office of each member of the
Commission appointed under subsection (b)(1) shall be
four years.
(2) Of the members of the Commission originally
appointed under subsection (b)(1)--
(A) one shall be appointed for a term of two
years;
(B) two shall be appointed for a term of
three years; and
(C) two shall be appointed for a term of four
years.
(3) Any vacancy occurring in the membership of the
Commission shall be filled, after notice of the vacancy
is published in the Federal Register, in the manner
provided by the preceding provisions of this section,
for the remainder of the unexpired term.
(4) A member may serve after the expiration of the
member's term of office until the President appoints a
successor.
(5) A member may serve consecutive terms beyond the
member's original appointment.
(d) Compensation and Travel Expenses; Federal Employee
Status; Meetings; Observer-designees.--
(1) Members of the Commission may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States
Code. A member of the Commission not presently employed
for compensation shall be compensated at a rate equal
to the daily equivalent of the rate for GS-18 of the
General Schedule under section 5332 of title 5, United
States Code, for each day the member is engaged in the
actual performance of his duties as a member of the
Commission, not to exceed 90 days of service each year.
Except for the purposes of chapter 81 of title 5
(relating to compensation for work injuries) and
chapter 171 of title 28 (relating to tort claims), a
member of the Commission shall not be considered an
employee of the United States for any purpose.
(2) The Commission shall meet at the call of its
Chairman or a majority of its members.
(3) Each Federal agency referred to in section 107(b)
may designate a representative to participate as an
observer with the Commission. These representatives
shall report to and advise the Commission on the
activities relating to Arctic research of their
agencies.
(4) The Commission shall conduct at least one public
meeting in the State of Alaska annually.
(e) Conflict of Interest.--The Commission shall adopt
conflict of interest and recusal provisions which shall apply
to any decision by the Commission and to all members of the
Commission which at a minimum are substantially equivalent to
conflict of interest and recusal provisions set forth in
section 302(j) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(j)) as if each member of the
Commission is an ``affected individual'' within the meaning of
such section 302(j), except that in addition to the disclosure
requirements of such section 302(j), each Commission member
shall disclose any financial interest or relationship in an
organization or with an individual that is applying for funding
from the Commission held by the Commission member, including an
interest as an officer, director, trustee, partner, employee,
contractor, agent, or other representative.
SEC. 104. DUTIES OF COMMISSION; PUBLICATION OF GUIDELINES; REPORT TO
CONGRESS.
[15 U.S.C. 4103]
(a) The Commission shall--
(1) develop and recommend an integrated national
Arctic research policy;
(2) in cooperation with the Interagency Arctic
Research Policy Committee established under section
107, [assist in establishing] establish a national
Arctic research program plan to implement the Arctic
research policy;
(3) award--
(A) grants to Federal, State, local, or
tribal governments and academic and private
organizations to conduct research on or related
to the Arctic, including to the marine
environment of the Arctic Ocean, its adjacent
seas or associated lesser bodies of water; and
(B) such grants on the basis of merit in
accordance with the national Arctic research
program plan;
[(3)] (4) facilitate cooperation between the Federal
Government and State and local governments with respect
to Arctic research;
[(4)] (5) review Federal research programs in the
Arctic and recommend improvements in coordination among
programs;
[(5)] (6) recommend methods to improve logistical
planning and support for Arctic research as may be
appropriate and in accordance with the findings and
purposes of this title;
[(6)] (7) recommend methods for improving efficient
sharing and dissemination of data and information on
the Arctic among interested public and private
institutions;
[(7)] (8) offer other recommendations and advice to
the Interagency Committee established under section 107
as it may find appropriate;
[(8)] (9) cooperate with the Governor of the State of
Alaska and with agencies and organizations of that
State which the Governor may designate with respect to
the formulation of Arctic research policy;
[(9)] (10) recommended to the Interagency Committee
the means for developing international scientific
cooperation in the Arctic;
[(10)] (11) not later than January 31, 1991, and
every 2 years thereafter, publish a statement of goals
and objectives with respect to Arctic research to guide
the Interagency Committee established under section 107
in the performance of its duties.
(b) Not later than January 31 of each year, the Commission
shall submit to the President and to the Congress a report
describing the activities and accomplishments of the Commission
during the immediately preceding fiscal year.
SEC. 106. ADMINISTRATION.
[16 U.S.C. 4105]
The Commission may--
(1) in accordance with the civil service laws and
subchapter III of chapter 53 of title 5, United States
Code, appoint and fix the compensation of an Executive
Director and necessary additional staff personnel, but
not to exceed a total of seven compensated personnel;
(2) procure temporary and intermittent services as
authorized by section 3109 of title 5, United States
Code;
(3) enter into contracts and procure supplies,
services, and personal property;
(4) enter into agreements with the General Services
Administration for the procurement of necessary
financial and administrative services, for which
payment shall be made by reimbursement from funds of
the Commission in amounts to be agreed upon by the
Commission and the Administrator of the General
Services Administration; [and]
(5) appoint, and accept without compensation the
services of, scientists and engineering specialists to
be advisors to the Commission. Each advisor may be
allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5,
United States Code. Except for the purposes of chapter
81 of title 5 (relating to compensation for work
injuries) and chapter 171 of title 28 (relating to tort
claims) of the United States Code, an advisor appointed
under this paragraph shall not be considered an
employee of the United States for any purpose[.]; and
(6) enter into agreements with appropriate agencies
or organizations to administer grants made pursuant to
this title for Arctic research including reimbursement
from funds of the Commission to administer such grants.
Department of the Interior and Related Agencies Appropriations Act,
1998
[111 Stat. 1543]
SEC. 401. ENVIRONMENTAL IMPROVEMENT AND RESTORATION FUND.
[43 U.S.C. 1474d]
* * * * * * *
(e) Marine Research Activities.--
(1) Funds available under subsection (c)(2) shall be
used by the Secretary of Commerce according to this
subsection to provide grants to Federal, State, private
or foreign organizations or individuals to conduct
research activities on or relating to the fisheries or
marine ecosystems in the north Pacific Ocean, Bering
Sea, and Arctic Ocean (including any lesser related
bodies of water).
(2) Research priorities and grant requests shall be
reviewed by a board to be known as the North Pacific
Research Board (referred to in this subsection as the
``Board``). The Board shall seek to avoid duplicating
other research activities, and shall place a priority
on cooperative research efforts designed to address
pressing fishery management or marine ecosystem
information needs.
(3) The Board shall be comprised of the following
representatives or their designees--
(A) the Secretary of Commerce;
(B) the Secretary of State;
(C) the Secretary of the Interior;
(D) the Commandant of the Coast Guard;
(E) the Director of the Office of Naval
Research;
(F) the Alaska Commissioner of Fish and Game;
(G) the Chairman of the North Pacific Fishery
Management Council;
(H) the Chairman of the Arctic Research
Commission;
(I) the Director of the Oil Spill Recovery
Institute;
(J) the Director of the Alaska SeaLife
Center;
(K) five members nominated by the Governor of
Alaska and appointed by the Secretary of
Commerce, one of whom shall represent fishing
interests, one of whom shall represent Alaska
Natives, one of whom shall represent
environmental interests, one of whom shall
represent academia, and one of whom shall
represent oil and gas interests;
(L) three members nominated by the Governor
of Washington and appointed by the Secretary of
Commerce; and
(M) one member nominated by the Governor of
Oregon and appointed by the Secretary of
Commerce.
(N) one member who shall represent fishing
interests and shall be nominated by the Board
and appointed by the Secretary. The members of
the Board shall be individuals knowledgeable by
education, training, or experience regarding
fisheries or marine ecosystems in the north
Pacific Ocean, Bering Sea, or Arctic Ocean.
Three nominations shall be submitted for each
member to be appointed under subparagraphs (K),
(L), and (M). Board members appointed under
subparagraphs (K), (L), and (M) shall serve for
three-year terms, and may be reappointed.
(4)(A) The Secretary of Commerce shall review grants
recommended by the Board. If the Secretary does not
approve a grant recommended by the Board, the Secretary
shall explain in writing the reasons for not approving
such grant, and the amount recommended to be used for
such grant shall be available only for other grants
recommended by the Board.
(B) The Board shall establish written criteria for
the submission of grant requests through a competitive
process and for deciding upon the award of grants.
Grants shall be recommended by the Board on the basis
of merit in accordance with the priorities established
by the Board. The Secretary shall provide the Board
such administrative and technical support as is
necessary for the effective functioning of the Board.
The Board shall be considered an advisory panel
established under section 302(g) of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) for the purposes of section
302(i)(1) of such Act, and the other procedural matters
applicable to advisory panels under section 302(i) of
such Act shall apply to the Board to the extent
practicable. Members of the Board may be reimbursed for
actual expenses incurred in performance of their duties
for the Board. Not more than 15 percent of the funds
provided to the Secretary of Commerce under paragraph
(1) may be used to provide support for the Board and
administer grants under this subsection.
[(5) All decisions of the Board, including grant
recommendations, shall be by majority vote of the
members listed in paragraphs (3)(A), (3)(F), (3)(G),
(3)(J), and (3)(N), in consultation with the other
members. The five voting members may act on behalf of
the Board in all matters of administration, including
the disposition of research funds not made available by
this section, at any time on or after October 1, 2000.]
(5) The Board may adopt such rules of procedure and
establish such committees as it deems necessary to
carry out the purposes of this title, including the
conduct of administrative duties between meetings.
(6) All decisions of the Board shall be by majority
vote of the full board in regular session.
(7) The Board shall adopt conflict of interest and
recusal provisions which at a minimum are substantially
equivalent to conflict of interest and recusal
provisions set forth in section 302(j) of the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1852(j)) shall apply to any decision by the
Board and to all members of the Board as if each member
of the Board is an ``affected individual'' within the
meaning of such section 302(j), except that in addition
to the disclosure requirements of such section 302(j),
each Board member shall disclose any financial interest
or relationship in an organization or with an
individual that is applying for funding from the Board,
including an interest as an officer, director, trustee,
partner, employee, contractor, agent, or other
representative.
(8) The Secretary of Commerce may accept funds from a
source other than the Government of the United States
to be used by the Board to carry out the Board's
functions.