[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4736 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4736
To enhance United States standing as an Arctic nation by facilitating
greater maritime accessibility, strong trading partners, and reliable
infrastructure.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 2, 2022
Ms. Murkowski (for herself and Mr. King) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To enhance United States standing as an Arctic nation by facilitating
greater maritime accessibility, strong trading partners, and reliable
infrastructure.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Arctic Commitment
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Defined term.
Sec. 3. Arctic Shipping Federal Advisory Committee.
Sec. 4. Arctic Executive Steering Committee.
Sec. 5. Implementation of Arctic strategy at Port of Nome.
Sec. 6. Report on establishing persistent presence of Navy or Coast
Guard in the United States Arctic.
Sec. 7. Report on eliminating the Russian monopoly on Arctic shipping.
Sec. 8. Expanding investment by the United States International
Development Finance Corporation in Arctic
countries.
Sec. 9. Partnership with Iceland.
Sec. 10. Amendment to Deepwater Port Act of 1974.
Sec. 11. Amendments to the Arctic Research and Policy Act of 1984.
Sec. 12. Crosscut report on Arctic research programs.
Sec. 13. Pribilof Island transition completion actions.
SEC. 2. DEFINED TERM.
In this Act, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on Energy and Natural Resources of the
Senate;
(5) the Committee on Armed Services of the House of
Representatives;
(6) the Committee on Homeland Security of the House of
Representatives;
(7) the Committee on Foreign Affairs of the House of
Representatives; and
(8) the Committee on Energy and Commerce of the House of
Representatives.
SEC. 3. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Transportation shall establish
the Arctic Shipping Federal Advisory Committee, as required in section
8426 of the Elijah E. Cummings Coast Guard Authorization Act of 2020
(division G of Public Law 116-283).
(b) Funding.--The Secretary of Transportation shall make available
to the Arctic Shipping Advisory Committee, from amounts appropriated to
the Office of the Secretary of Transportation, such funds as may be
necessary for the operation and sustainment of the Committee.
SEC. 4. ARCTIC EXECUTIVE STEERING COMMITTEE.
The Arctic Executive Steering Committee, which was originally
established by Executive Order 13689 (80 Fed. Reg. 4191; relating to
enhancing coordination of national efforts in the Arctic), is
reauthorized for the 10-year period beginning on the date of the
enactment of this Act.
SEC. 5. IMPLEMENTATION OF ARCTIC STRATEGY AT PORT OF NOME.
The Secretary of the Navy, in consultation with the Commandant of
the Coast Guard, shall engage in a consultation with the Chief of
Engineers of the Army Corps of Engineers to ensure that the Port of
Nome is usable for the implementation of the National Strategy for the
Arctic Region and the Arctic strategy of the Department of the Navy, as
described in the strategic blueprint for the Arctic of the Department
of the Navy entitled ``A Blue Arctic''.
SEC. 6. REPORT ON ESTABLISHING PERSISTENT PRESENCE OF NAVY OR COAST
GUARD IN THE UNITED STATES ARCTIC.
Not later than 180 days after the date of the enactment of this
Act, the Commandant of the Coast Guard and the Secretary of the Navy
shall jointly submit a report to the appropriate committees of Congress
that--
(1) describes the requirements necessary to establish, and
the feasibility of establishing, a persistent, year-round
presence of the Navy and the Coast Guard in the Arctic region
at--
(A) the Port of Nome;
(B) the natural deepwater port of Unalaska;
(C) the former Coast Guard Station at Port
Clarence;
(D) Point Spencer (as defined in section 532 of the
Pribilof Island Transition Completion Act of 2015
(subtitle B of title V of Public Law 114-120));
(E) the port on Saint George Island in the Bering
Sea;
(F) the Port of Adak;
(G) Cape Blossom;
(H) ports in the Northeastern United States,
including Eastport, Searsport, and Portland, Maine; and
(I) any other deepwater port that the Commandant
determines would facilitate such a presence in the
places described in subparagraphs (A) through (H); and
(2) provides an estimate of the costs of implementing the
requirements described in paragraph (1), after taking into
account the costs of constructing the onshore infrastructure
that will be required to support year-round maritime operations
in the vicinity of the Bering Sea and the Arctic region.
SEC. 7. REPORT ON ELIMINATING THE RUSSIAN MONOPOLY ON ARCTIC SHIPPING.
Not later than 180 days after the date of the enactment of this
Act, the Committee on the Maritime Transportation System, in
coordination with the Arctic Shipping Federal Advisory Committee, shall
submit a report to the appropriate committees of Congress that--
(1) describes the control and influence of the Russian
Federation on shipping in the Arctic region;
(2) analyzes the effect of such control and influence on
ongoing efforts to increase the presence, capacity, and volume
of United States shipping in the Arctic region; and
(3) includes a plan for eliminating the Russian monopoly on
shipping in the Arctic region to enable an increase United
States presence in the Arctic shipping domain.
SEC. 8. EXPANDING INVESTMENT BY THE UNITED STATES INTERNATIONAL
DEVELOPMENT FINANCE CORPORATION IN ARCTIC COUNTRIES.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Select Committee on Intelligence of the
Senate;
(D) the Committee on Energy and Natural Resources
of the Senate;
(E) the Committee on Foreign Affairs of the House
of Representatives;
(F) the Committee on Armed Services of the House of
Representatives;
(G) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(H) the Committee on Energy and Commerce of the
House of Representatives.
(2) Arctic countries.--The term ``Arctic countries''--
(A) means the United States, Canada, Denmark,
Iceland, Norway, Sweden, and Finland, which are
permanent members of the Arctic Council; and
(B) does not include the Russian Federation.
(3) Arctic indigenous organizations.--The term ``Arctic
indigenous organizations''--
(A) means the Aleut International Association, the
Arctic Athabaskan Council, the Gwich'in International
Council, the Inuit Circumpolar Council, and the Saami
Council; and
(B) does not include the Russian Association of
Indigenous Peoples of the North.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Arctic countries are important partners of the United
States; and
(2) the United States International Development Finance
Corporation should make investments in Arctic countries to
facilitate technologies that--
(A) strengthen energy security and reliability; and
(B) provide durable, sustainable opportunities for
indigenous entities.
(c) Authorization.--The United States International Development
Finance Corporation is authorized to provide financing to entities in
Arctic countries, including Arctic indigenous organizations, for
projects that--
(1) involve the responsible extraction, processing,
development, and recycling of critical minerals (as defined in
section 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)));
or
(2) the Chief Executive Officer of the United States
International Development Finance Corporation, in coordination
with the Secretary of State, determine to be in the strategic
interest of the United States.
(d) Reporting Requirement.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chief Executive Officer of the
United States International Development Finance Corporation, in
coordination with the Secretary of State, shall submit a report
to the appropriate congressional committees that--
(A) identifies the countries in which financing by
the United States International Development Finance
Corporation could be most impactful for responsibly
producing critical minerals needed for energy security;
(B) explains the interests of the United States and
of partner countries that are served when the United
States provides support for such projects;
(C) describes any support provided by other United
States allies and partners to expand the projects
described in subsection (c); and
(D) describes any support provided by the People's
Republic of China in support of the projects described
in subsection (c).
(2) Form of report.--The report required under paragraph
(1) shall be submitted in unclassified form, but may include a
classified annex, if necessary.
SEC. 9. PARTNERSHIP WITH ICELAND.
(a) Sense of Congress Regarding a Free Trade Agreement With
Iceland.--It is the sense of Congress that the United States should
enter into negotiations with the Government of Iceland to develop and
enter into a comprehensive free trade agreement between the United
States and Iceland.
(b) Nonimmigrant Traders and Investors.--For purposes of clauses
(i) and (ii) of section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)), Iceland shall be considered
to be a foreign State under such section if the Government of Iceland
offers similar nonimmigrant status to nationals of the United States.
SEC. 10. AMENDMENTS TO DEEPWATER PORT ACT OF 1974.
The Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.) is
amended--
(1) in section 4 (33 U.S.C. 1503)--
(A) in subsection (c)(9), by inserting ``(excluding
any State that developed a coastal zone management
program pursuant to section 305 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1454) that was
approved by the Secretary pursuant to section 306 of
such Act (16 U.S.C. 1455) and withdrew such plan before
January 1, 2012)'' after ``connected by pipeline''; and
(B) by adding at the end the following:
``(j) Export License for All Forms of Hydrogen.--The Secretary may
issue a license in accordance with the provisions of this Act for the
export of hydrogen in all of its forms, including as liquefied natural
gas, hydrogen, and ammonia.''; and
(2) in section 9(c), (33 U.S.C. 1508(c)), by inserting
``(excluding any State that developed a coastal zone management
program pursuant to section 305 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1454) that was approved by the Secretary
pursuant to section 306 of such Act (16 U.S.C. 1455) and
withdrew such plan before January 1, 2012)'' after ``connected
by pipeline''.
SEC. 11. AMENDMENTS TO THE ARCTIC RESEARCH AND POLICY ACT OF 1984.
(a) Findings and Purposes.--Section 102(a) of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4101(a)) is amended--
(1) in paragraph (2), by inserting ``and homeland'' after
``national'';
(2) by redesignating paragraphs (5) through (17) as
paragraphs (6) through (18), respectively;
(3) by striking paragraph (4) and inserting the following:
``(4) Changing Arctic conditions directly affect global
weather and climate patterns and must be better understood--
``(A) to promote better agricultural management
throughout the United States; and
``(B) to address the myriad of impacts, challenges,
and opportunities brought about by such change.
``(5) Since a rapidly changing climate will reshape the
economic, social, cultural, political, environmental, and
security landscape of the Arctic region, sustained, robust,
coordinated, reliable, appropriately funded, and dependable
Arctic research is required to inform and influence sound
United States domestic and international Arctic policy.''; and
(4) in paragraph (6), as redesignated, by inserting ``and
climate'' after ``weather''.
(b) Arctic Research Commission.--Section 103 of the Arctic Research
and Policy Act of 1984 (15 U.S.C. 4102) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(B)--
(i) by striking ``who are'' and inserting
``who is a''; and
(ii) by striking ``who live in areas'' and
inserting ``who live in an area''; and
(B) in paragraph (2), by striking ``chairperson''
and inserting ``Chair''; and
(2) in subsection (d)--
(A) in paragraph (1)--
(i) by inserting ``or her'' after ``his'';
and
(ii) by inserting ``, or in the case of the
Chair, not to exceed 120 days of service each
year''; and
(B) in paragraph (2), by striking ``Chairman'' and
inserting ``Chair''.
(c) Administration of the Commission.--Section 106(4) of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4105(4)) is amended--
(1) by inserting ``, and other Federal Government entities,
as appropriate,'' after ``with the General Services
Administration''; and
(2) by inserting ``, or the heads of other Federal
Government entities, as appropriate,'' before the semicolon.
(d) Interagency Arctic Research Policy Committee.--Section
107(b)(2) of the Arctic Research and Policy Act of 1984 (15 U.S.C.
4106(b)(2)) is amended--
(1) by redesignating subparagraph (L) as subparagraph (P);
(2) in subparagraph (K), by striking ``and'' at the end;
and
(3) by inserting after subparagraph (K) the following:
``(L) the Department of Agriculture;
``(M) the Marine Mammal Commission;
``(N) the Smithsonian Institution;
``(O) the Denali Commission; and''.
(e) 5-Year Arctic Research Plan.--Section 109(a) of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4108(a)) is amended by
striking ``The Plan'' and inserting ``Notwithstanding section 3003 of
the Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-
66), the Plan''.
SEC. 12. CROSSCUT REPORT ON ARCTIC RESEARCH PROGRAMS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Director of the
Office of Management and Budget shall submit a detailed report to
Congress regarding all existing Federal programs relating to Arctic
research, including--
(1) the goals of each such program;
(2) the funding levels for each such program for each of
the 5 immediately preceding fiscal years;
(3) the anticipated funding levels for each such program
for each of the 5 following fiscal years; and
(4) the total funding appropriated for the current fiscal
year for such programs.
(b) Distribution.--Not later than 3 days after submitting the
report to Congress pursuant to subsection (a), the Director of the
Office of Management and Budget shall submit a copy of the report to
the National Science Foundation, the United States Arctic Research
Commission, and the Office of Science and Technology Policy.
SEC. 13. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.
(a) Extensions.--Section 524 of the Pribilof Island Transition
Completion Act of 2015 (subtitle B of title V of Public Law 114-120) is
amended--
(1) in subsection (b)(5), by striking ``5 years'' and
inserting ``6 years''; and
(2) in subsection (c)(3), by striking ``60 days'' and
inserting ``120 days''.
(b) Quarterly Actual Use and Occupancy Reports.--Not later than 90
days after the date of the enactment of this Act, and every 3 months
thereafter, the Secretary of the department in which the Coast Guard is
operating shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives that describes--
(1) the degree to which Coast Guard personnel and equipment
are deployed to St. Paul Island, Alaska, in actual occupancy of
the facilities, as required under section 524 of the Pribilof
Island Transition Completion Act of 2015 (subtitle B of title V
of Public Law 114-120); and
(2) the status of the activities described in subsections
(c) and (d) if such activities have not been completed.
(c) Aircraft Hanger.--The Secretary of the department in which the
Coast Guard is operating may--
(1) enter into a lease for a hangar to house deployed Coast
Guard aircraft if such hanger was previously under lease by the
Coast Guard for the purposes of housing such aircraft;
(2) enter into an agreement with the lessor of the hanger
referred to in paragraph (1) in which the Secretary may carry
out repairs necessary to support the deployment of such
aircraft; and
(3) offset the cost such repairs under the terms of the
lease entered into pursuant to paragraph (2).
(d) Fuel Tank.--
(1) Determination.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall determine whether
the fuel tank located on St. Paul Island, Alaska, that is owned
by the Coast Guard is needed for Coast Guard operations.
(2) Transfer.--Subject to paragraph (3), if the Secretary
determines the tank referred to in paragraph (1) is not needed
for Coast Guard operations, the Secretary, not later than 90
days after making such determination, shall transfer such tank
to the Alaska Native Village Corporation for St. Paul Island,
Alaska.
(3) Fair market value exception.--The Secretary may only
carry out a transfer described in paragraph (2) if the fair
market value of such tank is less than the aggregate value of
any lease payments for the property on which the tank is
located that the Coast Guard would have paid to the Alaska
Native Village Corporation for St. Paul Island, Alaska, had
such lease been extended at the same rate.
(e) Rule of Construction.--Nothing in this section may be construed
to limit any rights of the Alaska Native Village Corporation for St.
Paul Island, Alaska to receive conveyance of all or part of the lands
and improvements related to Tract 43 under the same terms and
conditions as prescribed in section 524 of the Pribilof Island
Transition Completion Act of 2015 (subtitle B of title V of Public Law
114-120).
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