U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

39–010 

" ! SENATE 113TH CONGRESS

1st Session 

REPORT

2013

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 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS

FIRST SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

RICHARD BLUMENTHAL, Connecticut 

BRIAN SCHATZ, Hawaii 

ED MARKEY, Massachusetts 

CORY BOOKER, New Jersey 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

ROY BLUNT, Missouri 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

DAN COATS, Indiana 

TIM SCOTT, South Carolina 

TED CRUZ, Texas 

DEB FISCHER, Nebraska 

RON JOHNSON, Wisconsin 

ELLEN DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 237 

113TH CONGRESS REPORT " ! SENATE 1st Session 113–117 

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 


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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 


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(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. 


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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 


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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 


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(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’’ 


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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, øassist 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; 

ø(3)¿ (4) facilitate cooperation between the Federal Government and State and local governments with respect to Arctic 

research; 

ø(4)¿ (5) review Federal research programs in the Arctic and 

recommend improvements in coordination among programs; 

ø(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; 

ø(6)¿ (7) recommend methods for improving efficient sharing 

and dissemination of data and information on the Arctic among 

interested public and private institutions; 

ø(7)¿ (8) offer other recommendations and advice to the 

Interagency Committee established under section 107 as it 

may find appropriate; 

ø(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; 

ø(9)¿ (10) recommended to the Interagency Committee the 

means for developing international scientific cooperation in the 

Arctic; 

ø(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. 


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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; øand¿ 

(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 purposeø.¿; 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. 


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(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. 


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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. 

ø(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. 

Æ 


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