Arctic Policy Act of 2019

II 116TH CONGRESS 1ST SESSION S. 1179 To amend the Arctic Research and Policy Act of 1984 to modify the member- ship of the Arctic Research Commission, to establish an Arctic Executive Steering Committee, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 11, 2019 Ms. MURKOWSKI (for herself, Mr. SCHATZ, and Mr. SULLIVAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Arctic Research and Policy Act of 1984 to modify the membership of the Arctic Research Commis- sion, to establish an Arctic Executive Steering Com- mittee, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Arctic Policy Act of 4 2019’’. 5 VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS 2 •S 1179 IS SEC. 2. MEMBERSHIP OF ARCTIC RESEARCH COMMISSION. 1 Section 103 of the Arctic Research and Policy Act 2 of 1984 (15 U.S.C. 4102) is amended by striking sub- 3 section (b) and inserting the following: 4 ‘‘(b) MEMBERSHIP.— 5 ‘‘(1) APPOINTED MEMBERS.—The Commission 6 shall be comprised of 9 members, to be appointed by 7 the President, of whom— 8 ‘‘(A) 4 shall be appointed from among in- 9 dividuals from academic or other research insti- 10 tutions with expertise in areas of research relat- 11 ing to the Arctic, including the physical, biologi- 12 cal, health, environmental, social, and behav- 13 ioral sciences; 14 ‘‘(B) 3 shall be appointed from among in- 15 digenous residents of the Arctic who are rep- 16 resentative of the needs and interests of Arctic 17 residents; and 18 ‘‘(C) 2 shall be appointed from among in- 19 dividuals familiar with the Arctic who are rep- 20 resentative of the needs and interests of private 21 industry undertaking resource development in 22 the Arctic. 23 ‘‘(2) CHAIRPERSON.—The President shall des- 24 ignate 1 of the members of the Commission ap- 25 VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS 3 •S 1179 IS pointed under paragraph (1) to be chairperson of 1 the Commission. 2 ‘‘(3) EX OFFICIO MEMBER.—The Director of 3 the National Science Foundation shall serve as a 4 nonvoting, ex officio member of the Commission.’’. 5 SEC. 3. ARCTIC EXECUTIVE STEERING COMMITTEE. 6 (a) DEFINITIONS.—In this section: 7 (1) ADVISORY COMMITTEE.—The term ‘‘Advi- 8 sory Committee’’ means the Arctic Advisory Com- 9 mittee established under subsection (c)(1). 10 (2) ADVISORY GROUP.—The term ‘‘Advisory 11 Group’’ means the Bering Sea Regional Tribal Advi- 12 sory Group established under subsection (b)(6)(A). 13 (3) AGENCY.—The term ‘‘agency’’ has the 14 meaning given the term in section 551 of title 5, 15 United States Code. 16 (4) STATE.—The term ‘‘State’’ means the State 17 of Alaska. 18 (5) STEERING COMMITTEE.—The term ‘‘Steer- 19 ing Committee’’ means the Arctic Executive Steering 20 Committee established by subsection (b)(1). 21 (b) STEERING COMMITTEE.— 22 (1) ESTABLISHMENT.—There is established a 23 steering committee, to be known as the ‘‘Arctic Ex- 24 ecutive Steering Committee’’— 25 VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS 4 •S 1179 IS (A) to provide guidance to agencies with 1 respect to Arctic issues; 2 (B) to enhance coordination of Federal 3 Arctic policies across agencies; and 4 (C) to collaborate with State, local, and 5 Alaska Native Tribal governments and similar 6 Alaska Native organizations, academic and re- 7 search institutions, and the private and non- 8 profit sectors, as appropriate, with respect to 9 Arctic issues. 10 (2) MEMBERSHIP.—The Steering Committee 11 shall be comprised of— 12 (A) the Secretary of Homeland Security; 13 (B) the heads of each of— 14 (i) the Office of Science and Tech- 15 nology Policy; 16 (ii) the Council on Environmental 17 Quality; 18 (iii) the Domestic Policy Council; 19 (iv) the National Economic Council; 20 (v) the Council of Economic Advisers; 21 and 22 (vi) the National Security Council; 23 VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS 5 •S 1179 IS (C) the Executive Officer of the Steering 1 Committee, who shall be designated by the 2 Chair of the Steering Committee; and 3 (D) a senior official holding the rank of 4 Deputy Secretary or higher (or an equivalent 5 officer) from each of— 6 (i) the Department of Agriculture; 7 (ii) the Department of Commerce; 8 (iii) the Department of Defense; 9 (iv) the Department of Energy; 10 (v) the Department of Health and 11 Human Services; 12 (vi) the Department of the Interior; 13 (vii) the Department of Justice; 14 (viii) the Department of Labor; 15 (ix) the Department of State; 16 (x) the Department of Transportation; 17 (xi) the Office of the Director of Na- 18 tional Intelligence; 19 (xii) the Environmental Protection 20 Agency; 21 (xiii) the National Aeronautics and 22 Space Administration; 23 (xiv) the National Science Founda- 24 tion; 25 VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS 6 •S 1179 IS (xv) the Arctic Research Commission; 1 (xvi) the Office of Management and 2 Budget; and 3 (xvii) such other agencies or offices as 4 the Chair of the Steering Committee deter- 5 mines to be appropriate. 6 (3) ADMINISTRATION.— 7 (A) CHAIR.—The Secretary of Homeland 8 Security shall be the Chair of the Steering 9 Committee. 10 (B) VICE CHAIR.—The Director of the Of- 11 fice of Science and Technology Policy shall be 12 the Vice Chair of the Steering Committee. 13 (C) MEETINGS.—Under the leadership of 14 the Chair of the Steering Committee, the Steer- 15 ing Committee shall meet quarterly or, as the 16 Chair of the Steering Committee determines to 17 be appropriate, more frequently— 18 (i) to shape priorities for the Steering 19 Committee; 20 (ii) to establish the strategic direction 21 of the Steering Committee; 22 (iii) to oversee implementation of ac- 23 tivities of the Steering Committee; and 24 VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS 7 •S 1179 IS (iv) to ensure coordination of Federal 1 activities in the Arctic. 2 (D) COORDINATION.—The Steering Com- 3 mittee shall coordinate activities of the Steering 4 Committee with activities of existing working 5 groups established by law or Executive order. 6 (E) SUBCOMMITTEES AND WORKING 7 GROUPS.—As appropriate, the Chair of the 8 Steering Committee may establish subcommit- 9 tees and working groups, consisting of rep- 10 resentatives from relevant agencies— 11 (i) to focus on specific key issues 12 under the jurisdiction of the Steering Com- 13 mittee; and 14 (ii) to assist in carrying out the re- 15 sponsibilities of the Steering Committee. 16 (F) ADMINISTRATIVE SUPPORT.— 17 (i) IN GENERAL.—Agencies shall pro- 18 vide administrative support and additional 19 resources, as appropriate, to support the 20 participation of the agencies in the Steer- 21 ing Committee, to the extent permitted by 22 law and using existing appropriations. 23 (ii) EXPENSES.—Each agency shall be 24 responsible for the expenses of the agency 25 VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS 8 •S 1179 IS in supporting the participation of the agen- 1 cy in the Steering Committee and any sub- 2 committees or working groups established 3 under subparagraph (E). 4 (G) POINT OF CONTACT.—Each member of 5 the Steering Committee shall provide to the Ex- 6 ecutive Officer of the Steering Committee the 7 name of a representative designated by the 8 member to serve as a point of contact for the 9 member, who shall be responsible for— 10 (i) coordinating efforts with inter- 11 agency partners; 12 (ii) collaborating with State, local, and 13 Alaska Native Tribal governments and 14 similar Alaska Native organizations; and 15 (iii) assisting in carrying out any 16 functions and duties assigned by the Steer- 17 ing Committee. 18 (4) RESPONSIBILITIES.—The Steering Com- 19 mittee shall— 20 (A) examine the policies of the United 21 States with respect to the Arctic to identify pol- 22 icy areas that need to be updated or revised; 23 (B) provide guidance to agencies on ways 24 to increase the participation in, consultation 25 VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS 9 •S 1179 IS with, and coordination of Federal Arctic pro- 1 grams with individuals who live in the Arctic; 2 and 3 (C) provide guidance to agencies on ways 4 in which Arctic programs could be structured so 5 as to be better coordinated and most effective. 6 (5) DUTIES OF THE EXECUTIVE OFFICER.— 7 The Executive Officer of the Steering Committee 8 shall— 9 (A) be responsible for facilitating inter- 10 agency coordination efforts with respect to im- 11 plementing the guidance and strategic priorities 12 developed by the Steering Committee; and 13 (B) coordinate with the Chair of the Steer- 14 ing Committee to provide regular reports to the 15 Steering Committee on agency implementation 16 and planning efforts for the Arctic region. 17 (6) ENGAGEMENT WITH THE STATE OF ALASKA 18 AND ALASKA NATIVE TRIBAL GOVERNMENTS.— 19 (A) BERING SEA REGIONAL TRIBAL ADVI- 20 SORY GROUP.—Not later than 180 days after 21 the date of enactment of this Act, the Steering 22 Committee shall establish an advisory group, to 23 be known as the ‘‘Bering Sea Regional Tribal 24 Advisory Group’’, comprised of regional elected 25 VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS 10 •S 1179 IS officials representing Alaska Native Tribal gov- 1 ernments for the purpose of providing input 2 and recommendations to the Steering Com- 3 mittee on activities, regulations, guidance, the 4 incorporation of traditional knowledge, or poli- 5 cies that may affect actions or conditions in the 6 northern Bering Sea and the Bering Strait re- 7 gion, with attention given to the rights, needs, 8 and knowledge of Alaska Native Tribes. 9 (B) ADDITIONAL ADVISORY GROUPS.—The 10 Steering Committee, as appropriate, shall estab- 11 lish regional Tribal advisory groups to provide 12 the Steering Committee with input and rec- 13 ommendations on a specific issue or additional 14 regions of the Arctic. 15 (C) COORDINATION.—The Steering Com- 16 mittee shall develop a process to improve co- 17 ordination and the sharing of information and 18 knowledge, including traditional knowledge, 19 among Federal, State, local, and Alaska Native 20 Tribal governments and similar Alaska Native 21 organizations, and private-sector and nonprofit- 22 sector groups on Arctic issues. 23 (D) POINT OF CONTACT.—The Steering 24 Committee shall identify an appropriate Federal 25 VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS 11 •S 1179 IS entity to be the point of contact for Arctic mat- 1 ters for State, local, and Alaska Native Tribal 2 governments and similar Alaska Native organi- 3 zations. 4 (c) ARCTIC ADVISORY COMMITTEE.— 5 (1) ESTABLISHMENT.—Not later than 180 days 6 after the date of enactment of this Act, the Steering 7 Committee shall establish an advisory committee, to 8 be known as the ‘‘Arctic Advisory Committee’’. 9 (2) MEMBERSHIP.—The Advisory Committee 10 shall be comprised of 13 members— 11 (A) who are appointed by the Chair of the 12 Steering Committee; 13 (B) who have sufficient experience and ex- 14 pertise in the Arctic region; and 15 (C) of whom— 16 (i) 1 shall be from the Arctic Slope; 17 (ii) 1 shall be from the North West 18 Arctic; 19 (iii) 1 shall be from Norton Sound; 20 (iv) 1 shall be from the Interior; 21 (v) 1 shall be from Yukon-Kusko- 22 kwim; 23 (vi) 1 shall be from Bristol Bay; 24 VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS 12 •S 1179 IS (vii) 1 shall be from the Aleutian Is- 1 lands; 2 (viii) 1 shall be from the Pribilof Is- 3 lands; 4 (ix) at least 2 may be from outside of 5 the State; and 6 (x) 3 may be at-large members. 7 (3) CHAIR.—The Chair of the Advisory Com- 8 mittee shall be selected from among the members of 9 the Advisory Committee. 10 (4) MISSION.—The mission of the Advisory 11 Committee is to advise the Chair of the Steering 12 Committee and members of the Steering Committee 13 on Federal Arctic policies, including existing Arctic 14 policies and Arctic policies that are under consider- 15 ation. 16 (5) APPLICABILITY OF FEDERAL ADVISORY 17 COMMITTEE ACT.—Except as otherwise provided in 18 this subsection, the Federal Advisory Committee Act 19 (5 U.S.C. App.) shall apply to the Advisory Com- 20 mittee. 21 (6) DURATION.—The Advisory Committee shall 22 continue to operate during any period in which the 23 Steering Committee is in existence. 24 VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS 13 •S 1179 IS (d) EFFECT.—Nothing in this section impairs or oth- 1 erwise affects— 2 (1) the authority granted by law to an executive 3 department, agency, or the head of an executive de- 4 partment or agency; or 5 (2) the functions of the Director of the Office 6 of Management and Budget with respect to budg- 7 etary, administrative, or legislative proposals. 8 Æ VerDate Sep 11 2014 00:49 Apr 20, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6301 E:\BILLS\S1179.IS S1179 kjohnson on DSK79L0C42 with BILLS