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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1442 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 1442

To establish United States policy for the Arctic region for the next 10 
                     years, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2017

 Mr. Sullivan introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To establish United States policy for the Arctic region for the next 10 
                     years, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Securing Our Arctic Interests Act of 
2017''.

SEC. 2. AUTHORIZATION TO PROCURE UP TO SIX POLAR-CLASS ICEBREAKERS.

    (a) Findings.--Congress makes the following findings:
            (1) The strategic importance of the Arctic continues to 
        increase as the United States and other countries recognize the 
        military significance of the sea lanes and choke points within 
        the region and understand the potential for power projection 
        from the Arctic into multiple regions.
            (2) The economic significance of the Arctic continues to 
        grow as nations around the globe begin to understand the 
        potential for maritime transportation through, and economic and 
        trade development in, the region.
            (3) Given the potential for maritime accidents, oil spills, 
        and illegal fishing near the exclusive economic zone of the 
        United States, increases in human, maritime, and resource 
        development activity in the Arctic region are expected to 
        create additional mission requirements for the Department of 
        Defense and the Department of Homeland Security.
            (4) The Bering Strait is experiencing significant increases 
        in international traffic from vessels transiting the Northern 
        Sea Route, increases which are projected to continue if 
        decreases in sea ice coverage continue.
            (5) Russia has prioritized the development of Arctic 
        capabilities and has made significant investments in military 
        infrastructure in the Arctic, including the creation of a new 
        Arctic Command and the construction or refurbishment of 16 
        deepwater ports and 14 airfields in the region.
            (6) Russia currently has approximately 40 icebreakers, 
        including several nuclear-powered icebreakers, is currently 
        constructing four, and is planing to build an additional eight.
            (7) On May 15, 2015, former Secretary of Defense Ash Carter 
        stated that ``[t]he Arctic is going to be a major area of 
        importance to the United States, both strategically and 
        economically in the future--it's fair to say that we're late to 
        the recognition of that''.
            (8) On July 6, 2015, Admiral Paul F. Zukunft, the 
        Commandant of the United States Coast Guard, stated with 
        respect to United States strategic presence and supporting 
        infrastructure of the United States in the Arctic that 
        ``[w]e're not even in the same league as Russia right now. 
        We're not playing in this game at all''.
            (9) On January 12, 2017, Secretary of Defense James Mattis 
        stated that ``[t]he Arctic is key strategic terrain . . . 
        Russia is taking aggressive steps to increase its presence 
        there . . . I will prioritize the development of an integrated 
        strategy for the Arctic. I believe that our interests and the 
        security of the Arctic would benefit from increasing the focus 
        of the Department of Defense on this region''.
            (10) Section 1068 of the National Defense Authorization Act 
        for Fiscal Year 2016 (Public Law 114-92) requires a new 
        Department of Defense ``Strategy to Protect the United States 
        National Security Interests in the Arctic Region''.
            (11) Section 1095 of the National Defense Authorization Act 
        for Fiscal Year 2017 (Public Law 114-328) requires the 
        Department of Defense to designate a Department of Defense 
        Strategic Arctic Port.
            (12) In January 2017, the Department of Defense released a 
        report entitled ``Report to Congress on Strategy to Protect 
        United States National Security Interests in the Arctic 
        Region'' to ``update the ways and means the Department of 
        Defense intends to use to achieve its objectives as it 
        implements the 2013 National Strategy for the Arctic Region'', 
        including--
                    (A) enhancing the capability of United States 
                forces to defend the homeland and exercise sovereignty;
                    (B) strengthening deterrence at home and abroad;
                    (C) strengthening alliances and partnerships;
                    (D) preserving freedom of the seas in the Arctic;
                    (E) engaging public, private, and international 
                partners to improve domain awareness in the Arctic;
                    (F) evolving the infrastructure and capabilities of 
                the Department in the Arctic consistent with changing 
                conditions and needs;
                    (G) providing support to civil authorities, as 
                directed;
                    (H) partnering with other departments and agencies 
                of Government, and other nations, to support human and 
                environmental security; and
                    (I) supporting international institutions that 
                promote regional cooperation and the rule of law.
            (13) In June 2014, the Government Accountability Office 
        (GAO) reported that the Coast Guard was experiencing a gap in 
        its heavy icebreaking capability and was without a heavy 
        icebreaker from 2010 to 2013.
            (14) Since 2013, the United States Coast Guard has operated 
        just one heavy icebreaker--the Polar Star--and one medium 
        icebreaker--the Healy--which is less capability and capacity 
        than the United States Coast Guard has historically had in its 
        fleet.
            (15) The only other heavy icebreaker of the United States 
        Coast Guard--the Polar Sea--has been inactive since 
        experiencing major engine damage in June 2010.
            (16) In June 2016, the Government Accountability Office 
        reported on the status of the Arctic strategy of the United 
        States Coast Guard and how it had been unable to fulfill a 
        portion of its polar icebreaking responsibilities due to its 
        aging icebreaker fleet.
            (17) Senior Coast Guard, Department of Homeland Security, 
        and Office of Management and Budget officials have acknowledged 
        that, at historical funding levels, the Coast Guard cannot 
        afford to recapitalize and modernize its assets in accordance 
        with the current plan.
            (18) In July 2010, the Coast Guard first identified a need 
        for a new icebreaker fleet of 3 heavy cutters and 3 medium 
        cutters to fulfill its statutory missions.
            (19) Preliminary estimates for the acquisition cost for 
        detailed development and construction of the first new heavy 
        icebreaker for the United States have been as high as 
        $1,000,000,000.
            (20) The Coast Guard is currently partnering with the Navy, 
        through an Integrated Program Office, in an attempt to leverage 
        the shipbuilding expertise of the Navy.
    (b) Authority To Procure Icebreakers.--The Secretary of the 
department in which the Coast Guard is operating may, in consultation 
with the Secretary of the Navy, enter into a contract or contracts for 
the procurement of up to six polar-class icebreakers, including--
            (1) polar-class heavy icebreakers; and
            (2) polar-class medium icebreakers.
    (c) Comptroller General of the United States Report.--
            (1) In general.--Not later than 45 days after the date of 
        the enactment of the this Act, the Comptroller General of the 
        United States shall submit to the Committees on Armed Services 
        of the Senate and the House of Representatives, the Committee 
        on Commerce, Science, and Transportation of the Senate, and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report assessing the cost and procurement 
        schedule for new United States icebreakers.
            (2) Elements.--The report required in paragraph (1) shall 
        include an analysis of the following:
                    (A) The current status of the efforts of the Coast 
                Guard to acquire new icebreaking capability, including 
                coordination through the Integrated Program Office.
                    (B) Actions being taken by the Coast Guard to 
                incorporate key practices from other nations that 
                procure icebreakers to increase knowledge and reduce 
                costs and risks.
                    (C) The extent by which the cost and schedule for 
                building Coast Guard icebreakers differs from those in 
                other countries, if known.
                    (D) The extent that innovative acquisition 
                practices (such as multiyear funding and block buys) 
                may be applied to icebreaker acquisition to reduce the 
                cost and accelerate the schedule.
                    (E) A capacity replacement plan to mitigate a 
                potential icebreaker capability gap if the Polar Star 
                cannot remain in service.
                    (F) Any other matters the Comptroller General 
                considers appropriate.

SEC. 3. DEPARTMENT OF DEFENSE REVIEW OF NAVY CAPABILITIES IN THE ARCTIC 
              REGION.

    (a) Findings.--Congress makes the following findings:
            (1) In recent years, the retreat of polar sea ice in the 
        Arctic, combined with an expected increase in human activity in 
        the region, has heightened the interests of the United States 
        and other nations in the Arctic region.
            (2) Diminishing sea ice has made some Arctic waters 
        navigable for longer periods and, as a result, may contribute 
        to new economic opportunities in commercial shipping, resource 
        extraction, tourism, and commercial fishing.
            (3) Arctic Region Policy, as outlined in National Security 
        Presidential Directive-66 and Homeland Security Presidential 
        Directive-25, states that ``[t]he United States has broad and 
        fundamental national security interests in the Arctic region,'' 
        including ``such matters as . . . deployment of sea and air 
        systems for strategic sealift, strategic deterrence, maritime 
        presence, and maritime security operations; and ensuring 
        freedom of navigation and overflight''.
            (4) The January 2017 report of the Department of Defense 
        entitled ``Report to Congress on Strategy to Protect United 
        States National Security Interests in the Arctic Region'' 
        states that ``[i]n support of the U.S. national security 
        interest in preserving all of the rights, freedoms, and uses of 
        the sea and airspace recognized under international law, DoD 
        will preserve the global mobility of U.S. military and civilian 
        vessels and aircraft throughout the Arctic, as in other 
        regions. This includes conducting Freedom of Navigation 
        operations to challenge excessive maritime claims when and 
        where necessary''.
            (5) In regard to the ability of the United States Navy to 
        conduct Freedom of Navigation Operations (FONOPs) in the Arctic 
        region, on June 15, 2017, Admiral John Richardson, Chief of 
        Naval Operations, stated that ``[i]t's absolutely true that we 
        don't have the capacity or the capability''.
    (b) Reports.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of the Navy shall 
        submit to the congressional defense committees a report on the 
        capabilities of the Navy in the Arctic region.
            (2) Elements.--The report required in paragraph (1) shall 
        include an analysis of the following:
                    (A) The current naval capabilities of the 
                Department of Defense in the Arctic region, with a 
                particular emphasis on surface capabilities.
                    (B) Any gaps that exist between the current naval 
                capabilities described in paragraph (1) and the ability 
                of the Department to fully execute its updated strategy 
                for the Arctic region.
                    (C) Any gaps in the capabilities described in 
                paragraph (1) that require ice-hardening of existing 
                vessels or the construction of new vessels to preserve 
                freedom of navigation in the Arctic region whenever and 
                wherever necessary.
                    (D) An analysis and recommendation of which Navy 
                vessels could be ice-hardened to effectively preserve 
                freedom of navigation in the Arctic region when and 
                where necessary, in all seasons and weather conditions.
                    (E) An analysis of any cost increases or schedule 
                adjustments that may result from ice-hardening existing 
                or new Navy vessels.
            (3) Comptroller general of the united states review.--Not 
        later than 90 days after the date on which the Secretary 
        submits the report required by paragraph (1), the Comptroller 
        General of the United States shall submit to the congressional 
        defense committees a review of the report, including any 
        matters in connection with the report and the review that the 
        Comptroller General considers appropriate.
            (4) Form.--The report under paragraph (1) and the review 
        under paragraph (3) shall each be submitted in unclassified 
        form, but may include a classified annex.

SEC. 4. DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR THE ARCTIC REGION.

    (a) Findings.--Congress makes the following findings:
            (1) Current Department of Defense jurisdiction over the 
        Arctic Region is a classic case study in operational seams 
        between three geographic combatant commands--the United States 
        Northern Command (USNORTHCOM), the United States European 
        Command (USEUCOM), and the United States Pacific Command 
        (USPACOM)--and involving two functional combatant commands--the 
        United States Strategic Command (USSTRATCOM) and the United 
        States Transportation Command (USTRANSCOM).
            (2) Within the Arctic Region, the United States European 
        Command has primary responsibility for the key adversary, the 
        United States Pacific Command has operational control of the 
        United States forces located in Alaska that are best trained 
        for Arctic conditions, and the United States Northern Command 
        has the assigned role as the ``Department of Defense Advocate 
        for Arctic Capability''.
            (3) Within the Office of the Secretary of Defense, there is 
        no single person directly responsible for the coordination of 
        Arctic security issues and, while the United States Northern 
        Command is the ``Advocate for Arctic Capabilities'', the 
        January 2017 report of the Department of Defense entitled 
        ``Report to Congress on Strategy to Protect United States 
        National Security Interests in the Arctic Region'' was largely 
        written from within the United States European Command.
    (b) Deputy Assistant Secretary of Defense for the Arctic Region.--
            (1) In general.--There is a Deputy Assistant Secretary of 
        Defense for the Arctic Region. The Deputy Assistant Secretary 
        shall be appointed by the Secretary of Defense from among 
        individuals who have an extensive understanding of security 
        environment in the Arctic and Antarctic regions, current United 
        States capabilities for the Arctic and Antarctic regions and 
        future gaps in such capabilities, and other appropriate policy 
        matters relating to the Arctic and Antarctic regions.
            (2) Reporting.--The Deputy Assistant Secretary shall report 
        to the Assistant Secretary of Defense for International 
        Security Affairs.
            (3) Duties.--Subject to the authority, direction, and 
        control of the Secretary of Defense, the Under Secretary of 
        Defense for Policy, and the Assistant Secretary of Defense for 
        International Security Affairs, the Deputy Assistant Secretary 
        shall assist the Assistant Secretary by overseeing the 
        following:
                    (A) Advocacy for United States national security 
                interests in the Arctic region, including United States 
                citizens, territory, freedom of navigation, and 
                economic and trade interests.
                    (B) Mitigation of operational seams between 
                relevant geographic and functional combatant commands 
                in order to improve unity of effort among the combatant 
                commands with responsibility for the Arctic region.
                    (C) Identification of any capability gaps and 
                resource gaps in the Arctic region and the formulation 
                of plans to mitigate these gaps.
                    (D) Identification of actions by foreign nations 
                which increase the threat to United States interests in 
                the Arctic region, and the formulation of plans to 
                mitigate these actions.
                    (E) Planning of military-to-military cooperation 
                with partner nations that have mutual security 
                interests in the Arctic region.
            (4) Discharge of duties.--Subject to the authority, 
        direction, and control of the Assistant Secretary, in carrying 
        out the duties specified in paragraph (3), the Deputy Assistant 
        Secretary shall work closely with the following:
                    (A) The Under Secretary of Defense for Research and 
                Engineering.
                    (B) The Director of the Defense Advanced Research 
                Projects Agency.
                    (C) The Director of the Missile Defense Agency.
                    (D) The Director of the Strategic Capabilities 
                Office (or any successor organization).
                    (E) The United States Northern Command.
                    (F) The United States European Command.
                    (G) The United States Pacific Command.
                    (H) The United States Strategic Command.
                    (I) The United States Transportation Command.
                    (J) The Alaska Command.

SEC. 5. REPORT ON INFRASTRUCTURE REQUIRED TO PROTECT NATIONAL SECURITY 
              INTERESTS OF THE UNITED STATES IN THE ARCTIC REGION.

    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report setting forth the 
requirements and investment plans for military infrastructure required 
to protect United States national security interests in the Arctic 
region.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A review of the operational plan for the protection of 
        United States national security interests in the Arctic region, 
        including strategic national assets, United States citizens, 
        territory, freedom of navigation, and economic and trade 
        interests in the region.
            (2) A description of United States military capabilities 
        required to implement the operational plan, including types of 
        forces, major weapon systems, and logistics required for 
        operations in Arctic terrain.
            (3) A description of the installations, infrastructure, and 
        deep water ports for deployment of assets required to support 
        the operational plan, including the stationing, deployment, and 
        training of military forces for operations in the Arctic 
        region.
            (4) An investment plan to establish the installations and 
        infrastructure required to implement the operational plan.
    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.

SEC. 6. IMPROVEMENT OF DOMAIN AWARENESS IN THE ARCTIC REGION.

    (a) Findings.--Congress makes the following findings:
            (1) Current Department of Defense and commercial satellite 
        constellations do not provide sufficient space coverage to 
        offer consistent coverage of the Arctic and Polar regions.
            (2) The United States military currently faces significant 
        challenges in its ability to operate in the Arctic region, 
        given these current communications, navigational, and domain 
        awareness shortfalls.
            (3) The September 2016 report of the International Security 
        Advisory Board entitled ``Report on Arctic Policy'' stated that 
        ``the Arctic presents some unique problems of domain awareness, 
        given that it is a region with limited telecommunications 
        capability, unique geography, and remote and indigenous 
        populations''.
            (4) The January 2017 report of the Department of Defense 
        entitled ``Report to Congress on Strategy to Protect United 
        States National Security Interests in the Arctic Region'' 
        concluded that ``[c]ommand and control of forces are challenged 
        by limited satellite and terrestrial communications above 65 
        degrees north'' and affirmed that ``[a]ddressing gaps in key 
        enablers, particularly C5ISR, domain awareness, remote sensing 
        and observing capabilities, ice prediction, and weather 
        forecasting remains a priority''.
    (b) Report Required.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Defense shall 
        submit to the congressional defense committees a report on 
        strategies to improve United States communications, domain 
        awareness, and navigational capabilities in the Arctic region.
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) An identification of domain awareness, 
                communications, and navigational requirements in the 
                Arctic region.
                    (B) A plan to leverage potential or existing 
                partnerships with United States allies, State and local 
                governments, and commercial industries to meet 
                immediate domain awareness, communications, and 
                navigational requirements in the Arctic region, 
                including the possible use of improved--
                            (i) satellite imagery and communications;
                            (ii) terrestrial communications; and
                            (iii) unmanned aerial systems.
                    (C) Any other urgent needs with respect to the 
                capabilities described in paragraph (1) that the 
                Secretary considers appropriate.
            (3) Form.--The report under paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
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