II 117th CONGRESS 2d Session S. 4736 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.

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. 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 . 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. 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. 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 . 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. 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. 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. 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. 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 . 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 . 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. 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 ).