[Senate Report 116-295]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 588


116th Congress   }                                            {  Report
                               SENATE                          
2d Session       }                                            {  116-295
_______________________________________________________________________

                                     

                                                       

             ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2786





               November 16, 2020.--Ordered to be printed
               
               
               
                          ______

             U.S. GOVERNMENT PUBLISHING OFFICE 
 19-010                WASHINGTON : 2020               
 
 
               
               
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred sixteenth congress
                             second session

                 ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota             MARIA CANTWELL, Washington
ROY BLUNT, Missouri                  AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas                  EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska                 TOM UDALL, New Mexico
CORY GARDNER, Colorado               GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee          TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia  TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah                       JON TESTER, Montana
RON JOHNSON, Wisconsin               KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana               JACKY ROSEN, Nevada
RICK SCOTT, Florida
                       John Keast, Staff Director
               David Strickland, Minority Staff Director
               
               

                                                       Calendar No. 588
                                                       
                                                       
116th Congress   }                                            {    Report
                                 SENATE
 2d Session      }                                            {   116-295

======================================================================



 
             ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE ACT

                                _______
                                

               November 16, 2020.--Ordered to be printed

                                _______
                                

       Mr. Wicker, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2786]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2786) to establish a Federal 
advisory committee to provide policy recommendations to the 
Secretary of Transportation on positioning the United States to 
take advantage of emerging opportunities for Arctic maritime 
transportation, 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 this legislation is to establish a Federal 
advisory committee to provide policy recommendations to the 
Secretary of Transportation on positioning the United States to 
take advantage of emerging opportunities for Arctic maritime 
transportation.

                          BACKGROUND AND NEEDS

    The Arctic Shipping Federal Advisory Committee (Advisory 
Committee), once established, would be comprised of 15 members 
tasked with developing a set of policy recommendations to 
enhance the United States' leadership role in improving the 
safety and reliability of maritime transportation and 
protecting the environment in the Arctic Region. The bill also 
affirms that if a Special Representative for the Arctic Region 
is appointed by the Secretary of State, the representative 
shall facilitate multilateral dialogues with the Arctic Council 
and encourage cooperation on Arctic maritime transportation as 
well as coordinate recommendations by the Advisory Committee. 
Furthermore, the Advisory Committee would include Alaska Native 
representatives and ensure that the Secretary consults with 
Alaska Native communities regarding the recommendations that 
may come from the Advisory Committee.

                         SUMMARY OF PROVISIONS

    S. 2786, the Arctic Shipping Federal Advisory Committee 
Act, would do the following:
   Establish the Arctic Shipping Federal Advisory 
        Committee.
   Require the Advisory Committee to submit a report to 
        Congress within 2 years of enactment with its 
        recommendations.
   Require the Secretary of Transportation to dissolve 
        the Advisory Committee not later than 8 years after the 
        submission of the report.
   Require that if a Special Representative for the 
        Arctic Region is appointed by the Secretary of State, 
        the duties of that Representative shall include: (1) 
        coordination of activities recommended by the 
        implementation plan submitted by the Advisory Committee 
        and approved by the Secretary of Transportation; and 
        (2) facilitation of multilateral dialogues with member 
        and observer nations of the Arctic Council to encourage 
        cooperation on Arctic maritime transportation.

                          LEGISLATIVE HISTORY

    S. 2786 was introduced on November 5, 2019, by Senator 
Murkowski (for herself and Senators Wicker and Sullivan) and 
was referred to the Committee on Commerce, Science, and 
Transportation of the Senate. On December 11, 2019, the 
Committee met in open Executive Session and, by voice vote, 
ordered S. 2786 reported favorably with an amendment (in the 
nature of a substitute). Senator Cantwell was added as a 
cosponsor of S. 2786 following the Executive Session.

Hearings

    On April 4, 2019, the Committee's Subcommittee on Security 
held a Federal maritime agencies oversight hearing that, among 
other topics, examined opportunities and challenges, including 
the Arctic, for the U.S. Coast Guard (USCG), the Maritime 
Administration (MARAD) and the Federal Maritime Commission 
(FMC). FMC Chairman Michael Khouri, MARAD Administrator Mark 
Buzby, and USCG Commandant Admiral Karl Schultz testified on 
the President's Fiscal Year 2020 Budget Request, implementation 
of the Frank LoBiondo Coast Guard Authorization Act, and the 
MARAD reauthorization under the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019.
    On December 12, 2019, the Committee's Subcommittee on 
Security held a hearing entitled ``Expanding Opportunities, 
Challenges, and Threats in the Arctic: A Focus on the U.S. 
Coast Guard Arctic Strategic Outlook.'' The purpose of the 
hearing was to evaluate the Coast Guard's strategic presence in 
the Arctic, the 2019 Coast Guard Strategic Outlook, and the 
Coast Guard's ability to meet current and existing challenges 
in the region. Ms. Heather A. Conley, Senior Vice President for 
Europe, Eurasia, and the Arctic and Director, Europe Program, 
Center for Strategic and International Studies (CSIS); Ms. 
Sherri Goodman, Senior Strategist, The Center for Climate and 
Security; Dr. Michael Sfraga, Director of Global Risk and 
Resilience program and Director of the Polar Institute, Woodrow 
Wilson International Center for Scholars; and Admiral Charles 
Ray, Vice Commandant, U.S. Coast Guard, testified.

                            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. 2786 would require the Department of Transportation 
(DOT), in consultation with other federal agencies, to 
establish a 15-member Arctic Shipping Federal Advisory 
Committee to advise DOT and the Coast Guard on maritime 
transportation issues in the Arctic, including Arctic seaway 
development over the next 10 years. The committee would consist 
of representatives from various federal agencies and other 
entities interested in Arctic maritime transportation. S. 2786 
also would require the committee to report policy 
recommendations to the Congress within 2 years of enactment.
    Based on the cost of similar activities and historical 
spending patterns, CBO estimates that implementing S. 2786 
would cost $1 million over the 2020-2025 period; such spending 
would be subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is Sofia Guo. The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of 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

    As reported, S. 2786 would require the Arctic Shipping 
Federal Advisory Committee, once established, to develop a set 
of policy recommendations to enhance the United States' 
leadership in the Arctic Region. These recommendations could 
impact millions of Americans by improving the safety, security, 
and reliability of maritime transportation in the Arctic. They 
will also help ensure the United States is prepared to respond 
in the event of an incident that threatens the environment in 
the Arctic.

Economic Impact

    As reported, S. 2786 is not expected to have a negative 
impact on the Nation's economy.

Privacy

    As reported, S. 2786 is not expected to impact the personal 
privacy of individuals.

Paperwork

    As reported, S. 2786 would not create increases in 
paperwork burdens if enacted.

                   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 bill may be cited as 
the ``Arctic Shipping Federal Advisory Committee Act''.

Section 2. Purpose

    This section would provide that the purpose of this bill 
would be to establish a Federal advisory committee to analyze 
conditions in the Arctic, provide policy recommendations to the 
Secretary of Transportation on positioning the United States as 
a maritime leader, and utilize emerging opportunities for safe 
and secure maritime transportation in the Arctic.

Section 3. Definitions

    This section would define the terms ``Advisory Committee'', 
``Arctic'', and ``Arctic Sea Routes''.

Section 4. Establishment of the Arctic Shipping Federal Advisory 
        Committee

    This section would create the Arctic Shipping Federal 
Advisory Committee and determine its membership. The Advisory 
Committee would be composed of 15 members and chaired by the 
Secretary of Transportation's designee, with a vice chair 
designated by the Secretary of the Department in which the 
Coast Guard is operating. The Advisory Committee would also 
include designees from the Departments of Commerce, State, and 
Defense. The remainder of the Advisory Committee would be 
comprised of stakeholders from the shipping industry, the 
marine safety community, maritime labor, the Arctic business 
community, and representatives nominated by the Governors of 
Alaska and Washington. Alaska Native representatives would also 
have a role on the Advisory Committee. Each member of the 
Advisory Committee would serve a 2-year term and not be 
eligible for more than 2 consecutive term reappointments.
    This section would also require the Advisory Committee to 
develop a set of policy recommendations to enhance the U.S. 
leadership role for improving the safety and reliability of 
Arctic maritime transportation, as well as environmental 
protection. Specifically, the recommendations would include 
options for establishing a U.S. Arctic entity similar to the 
St. Lawrence Seaway Development Corporation.

Section 5. Report to Congress

    This section would require the Advisory Committee to submit 
a report with its recommendations to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives, not later than 2 years from the date of 
enactment of the Act.

Section 6. Termination of the Advisory Committee

    This section would require the Secretary of Transportation 
to dissolve the Advisory Committee not later than 8 years after 
the submission of the report described in section 5.

Section 7. International engagement

    This section states that if a Special Representative for 
the Arctic Region is appointed by the Secretary of State, the 
duties of that Representative shall include: (1) coordination 
of any activities recommended by the implementation plan 
submitted by the Advisory Committee and approved by the 
Secretary of Transportation; and (2) facilitation of 
multilateral dialogues with member and observer nations of the 
Arctic Council to encourage cooperation on Arctic maritime 
transportation.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee states that the 
bill as reported would make no change to existing law.