[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2786 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 588
116th CONGRESS
  2d Session
                                S. 2786

                          [Report No. 116-295]

      To establish a Federal advisory committee to provide policy 
 recommendations to the Secretary of Transportation on positioning the 
 United States to take advantage of emerging opportunities for Arctic 
                        maritime transportation.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2019

Ms. Murkowski (for herself, Mr. Wicker, Mr. Sullivan, and Ms. Cantwell) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                           November 16, 2020

               Reported by Mr. Wicker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
      To establish a Federal advisory committee to provide policy 
 recommendations to the Secretary of Transportation on positioning the 
 United States to take advantage of emerging opportunities for Arctic 
                        maritime transportation.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Arctic Shipping Federal 
Advisory Committee Act''.</DELETED>

<DELETED>SEC. 2. PURPOSE.</DELETED>

<DELETED>    The purpose of this Act is to establish a Federal advisory 
committee to provide policy recommendations to the Secretary of 
Transportation on positioning the United States to take advantage of 
emerging opportunities for Arctic maritime transportation.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Advisory committee.--The term ``Advisory 
        Committee'' means the Arctic Shipping Federal Advisory 
        Committee established under section 4(a).</DELETED>
        <DELETED>    (2) Arctic.--The term ``Arctic'' has the meaning 
        given the term in section 112 of the Arctic Research and Policy 
        Act of 1984 (15 U.S.C. 4111).</DELETED>
        <DELETED>    (3) Arctic sea routes.--The term ``Arctic Sea 
        Routes'' means the international Northern Sea Route, the 
        Transpolar Sea Route, and the Northwest Passage.</DELETED>

<DELETED>SEC. 4. ESTABLISHMENT OF THE ARCTIC SHIPPING FEDERAL ADVISORY 
              COMMITTEE.</DELETED>

<DELETED>    (a) In General.--The Secretary of Transportation, in 
consultation with the Secretary of State, the Secretary of Defense 
acting through the Secretary of the Army, and the Secretary of the 
Department in which the Coast Guard is operating, shall establish an 
Arctic Shipping Federal Advisory Committee in the Department of 
Transportation to advise the Secretary of Transportation on matters 
related to Arctic maritime transportation, including Arctic seaway 
development.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) In general.--The Advisory Committee shall be 
        composed of 15 members as described in paragraph (2).</DELETED>
        <DELETED>    (2) Composition.--The members of the Advisory 
        Committee shall be--</DELETED>
                <DELETED>    (A) 1 individual appointed and designated 
                by the Secretary of Transportation to serve as the 
                Chairperson of the Advisory Committee;</DELETED>
                <DELETED>    (B) 1 designee of the Secretary of 
                Commerce;</DELETED>
                <DELETED>    (C) 1 designee of the Secretary of 
                State;</DELETED>
                <DELETED>    (D) 1 designee of the Secretary of 
                Transportation;</DELETED>
                <DELETED>    (E) 1 designee of the Secretary of the 
                Department in which the Coast Guard is 
                operating;</DELETED>
                <DELETED>    (F) 1 designee of the Department of 
                Defense;</DELETED>
                <DELETED>    (G) 1 designee from the State of Alaska, 
                nominated by the Governor of Alaska and designated by 
                the Secretary of Transportation;</DELETED>
                <DELETED>    (H) 1 designee from the State of 
                Washington, nominated by the Governor of Washington and 
                designated by the Secretary of 
                Transportation;</DELETED>
                <DELETED>    (I) 1 Alaska Native Tribal 
                member;</DELETED>
                <DELETED>    (J) 1 individual representing Alaska 
                Native subsistence co-management groups affected by 
                Arctic maritime transportation;</DELETED>
                <DELETED>    (K) 1 individual representing coastal 
                communities affected by Arctic shipping;</DELETED>
                <DELETED>    (L) 1 individual representing the shipping 
                industry;</DELETED>
                <DELETED>    (M) 1 individual representing the marine 
                safety community;</DELETED>
                <DELETED>    (N) 1 individual representing the Arctic 
                business community; and</DELETED>
                <DELETED>    (O) 1 individual representing Alaskan 
                maritime labor organizations.</DELETED>
        <DELETED>    (3) Terms.--</DELETED>
                <DELETED>    (A) Limitations.--Each member of the 
                Advisory Committee described in subparagraphs (G) 
                through (O) of paragraph (2) shall serve for a 2-year 
                term and shall not be eligible for more than 2 
                consecutive term reappointments.</DELETED>
                <DELETED>    (B) Vacancies.--Any vacancy in the 
                membership of the Advisory Committee shall not affect 
                its responsibilities, but shall be filled in the same 
                manner as the original appointment.</DELETED>
<DELETED>    (c) Functions.--The Advisory Committee shall carry out all 
of the following functions:</DELETED>
        <DELETED>    (1) Develop a set of policy recommendations that 
        would enhance the leadership role played by the United States 
        in improving the safety and reliability of Arctic maritime 
        transportation in accordance with customary international 
        maritime law, which shall include options for establishing a 
        United States entity that could perform the following functions 
        in accordance with customary international maritime 
        law:</DELETED>
                <DELETED>    (A) Construction, operation, and 
                maintenance of current and future maritime 
                infrastructure necessary for vessels transiting the 
                Arctic Sea Routes, including new deepwater 
                ports.</DELETED>
                <DELETED>    (B) Provision of services that would 
                improve Arctic maritime safety and environmental 
                protection, including for navigation and incident 
                response for vessels transiting the Arctic Sea 
                Routes.</DELETED>
                <DELETED>    (C) Establishment of rules of measurement 
                for vessels and cargo for the purposes of levying 
                voluntary rates of charges or fees for 
                services.</DELETED>
        <DELETED>    (2) As an option under paragraph (1), consider 
        establishing a congressionally chartered seaway development 
        corporation modeled on the St. Lawrence Seaway Development 
        Corporation, and--</DELETED>
                <DELETED>    (A) develop recommendations for 
                establishing such a corporation and a detailed 
                implementation plan for establishing such an entity; 
                or</DELETED>
                <DELETED>    (B) if the Advisory Committee decides 
                against establishing such a corporation, provide a 
                written explanation as to the rationale for the 
                decision and develop an alternative.</DELETED>
        <DELETED>    (3) Provide advice and recommendations to the 
        Secretary of Transportation as requested on Arctic marine 
        transportation, including seaway development.</DELETED>

<DELETED>SEC. 5. REPORT TO CONGRESS.</DELETED>

<DELETED>    Not later than 2 years after the date of enactment of this 
Act, the Advisory Committee shall submit a report with its 
recommendations under paragraphs (1) and (2) of section 4(c) to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives.</DELETED>

<DELETED>SEC. 6. TERMINATION OF THE ADVISORY COMMITTEE.</DELETED>

<DELETED>    Not later than 8 years after the submission of the report 
described in section 5, the Secretary of Transportation shall dissolve 
the Advisory Committee.</DELETED>

<DELETED>SEC. 7. INTERNATIONAL ENGAGEMENT.</DELETED>

<DELETED>    If a Special Representative for the Arctic Region is 
appointed by the Secretary of State, the duties of that Representative 
shall include--</DELETED>
        <DELETED>    (1) coordination of any activities recommended by 
        the implementation plan submitted by the Advisory Committee and 
        approved by the Secretary of Transportation; and</DELETED>
        <DELETED>    (2) facilitation of multilateral dialogues with 
        member and observer nations of the Arctic Council to encourage 
        cooperation on Arctic maritime transportation.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arctic Shipping Federal Advisory 
Committee Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish a Federal advisory 
committee to provide policy recommendations to the Secretary of 
Transportation on positioning the United States to take advantage of 
emerging opportunities for Arctic maritime transportation.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Arctic Shipping Federal Advisory Committee 
        established under section 4(a).
            (2) Arctic.--The term ``Arctic'' has the meaning given the 
        term in section 112 of the Arctic Research and Policy Act of 
        1984 (15 U.S.C. 4111).
            (3) Arctic sea routes.--The term ``Arctic Sea Routes'' 
        means the international Northern Sea Route, the Transpolar Sea 
        Route, and the Northwest Passage.

SEC. 4. ESTABLISHMENT OF THE ARCTIC SHIPPING FEDERAL ADVISORY 
              COMMITTEE.

    (a) Establishment of Advisory Committee.--
            (1) In general.--The Secretary of Transportation, in 
        coordination with the Secretary of State, the Secretary of 
        Defense acting through the Secretary of the Army and the 
        Secretary of the Navy, the Secretary of Commerce, and the 
        Secretary of the Department in which the Coast Guard is 
        operating, shall establish an Arctic Shipping Federal Advisory 
        Committee in the Department of Transportation to advise the 
        Secretary of Transportation and the Secretary of the Department 
        in which the Coast Guard is operating on matters related to 
        Arctic maritime transportation, including Arctic seaway 
        development.
            (2) Meetings.--The Advisory Committee shall meet at the 
        call of the Chairperson, and at least once annually in Alaska.
    (b) Membership.--
            (1) In general.--The Advisory Committee shall be composed 
        of 15 members as described in paragraph (2).
            (2) Composition.--The members of the Advisory Committee 
        shall be--
                    (A) 1 individual appointed and designated by the 
                Secretary of Transportation to serve as the Chairperson 
                of the Advisory Committee;
                    (B) 1 individual appointed and designated by the 
                Secretary of the Department in which the Coast Guard is 
                operating to serve as the Vice Chairperson of the 
                Advisory Committee;
                    (C) 1 designee of the Secretary of Commerce;
                    (D) 1 designee of the Secretary of State;
                    (E) 1 designee of the Secretary of Transportation;
                    (F) 1 designee of the Secretary of Defense;
                    (G) 1 designee from the State of Alaska, nominated 
                by the Governor of Alaska and designated by the 
                Secretary of Transportation;
                    (H) 1 designee from the State of Washington, 
                nominated by the Governor of Washington and designated 
                by the Secretary of Transportation;
                    (I) 1 Alaska Native Tribal member;
                    (J) 1 individual representing Alaska Native 
                subsistence co-management groups affected by Arctic 
                maritime transportation;
                    (K) 1 individual representing coastal communities 
                affected by Arctic maritime transportation;
                    (L) 1 individual representing vessels of the United 
                States (as defined in section 116 of title 46, United 
                States Code) participating in the shipping industry;
                    (M) 1 individual representing the marine safety 
                community;
                    (N) 1 individual representing the Arctic business 
                community; and
                    (O) 1 individual representing maritime labor 
                organizations.
            (3) Terms.--
                    (A) Limitations.--Each member of the Advisory 
                Committee described in subparagraphs (G) through (O) of 
                paragraph (2) shall serve for a 2-year term and shall 
                not be eligible for more than 2 consecutive term 
                reappointments.
                    (B) Vacancies.--Any vacancy in the membership of 
                the Advisory Committee shall not affect its 
                responsibilities, but shall be filled in the same 
                manner as the original appointment and in accordance 
                with the Federal Advisory Committee Act (5 U.S.C. 
                App.).
    (c) Functions.--The Advisory Committee shall carry out all of the 
following functions:
            (1) Develop a set of policy recommendations that would 
        enhance the leadership role played by the United States in 
        improving the safety and reliability of Arctic maritime 
        transportation in accordance with customary international 
        maritime law and existing Federal authority. Such policy 
        recommendations shall consider options to establish a United 
        States entity that could perform the following functions in 
        accordance with United States law and customary international 
        maritime law:
                    (A) Construction, operation, and maintenance of 
                current and future maritime infrastructure necessary 
                for vessels transiting the Arctic Sea Routes, including 
                potential new deep draft and deepwater ports.
                    (B) Provision of services that are not widely 
                commercially available in the United States Arctic that 
                would--
                            (i) improve Arctic maritime safety and 
                        environmental protection;
                            (ii) enhance Arctic maritime domain 
                        awareness; and
                            (iii) support navigation and incident 
                        response for vessels transiting the Arctic Sea 
                        Routes.
                    (C) Establishment of rules of measurement for 
                vessels and cargo for the purposes of levying voluntary 
                rates of charges or fees for services.
            (2) As an option under paragraph (1), consider establishing 
        a congressionally chartered seaway development corporation 
        modeled on the Saint Lawrence Seaway Development Corporation, 
        and--
                    (A) develop recommendations for establishing such a 
                corporation and a detailed implementation plan for 
                establishing such an entity; or
                    (B) if the Advisory Committee decides against 
                recommending the establishment of such a corporation, 
                provide a written explanation as to the rationale for 
                the decision and develop an alternative, as 
                practicable.
            (3) Provide advice and recommendations, as requested, to 
        the Secretary of Transportation and the Secretary of the 
        Department in which the Coast Guard is operating on Arctic 
        marine transportation, including seaway development, and 
        consider national security interests, where applicable, in such 
        recommendations.

SEC. 5. REPORT TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, the 
Advisory Committee shall submit a report with its recommendations under 
paragraphs (1) and (2) of section 4(c) to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives.

SEC. 6. TERMINATION OF THE ADVISORY COMMITTEE.

    Not later than 8 years after the submission of the report described 
in section 5, the Secretary of Transportation shall dissolve the 
Advisory Committee.

SEC. 7. INTERNATIONAL ENGAGEMENT.

    If a Special Representative for the Arctic Region is appointed by 
the Secretary of State, the duties of that Representative shall 
include--
            (1) coordination of any activities recommended by the 
        implementation plan submitted by the Advisory Committee and 
        approved by the Secretary of Transportation; and
            (2) facilitation of multilateral dialogues with member and 
        observer nations of the Arctic Council to encourage cooperation 
        on Arctic maritime transportation.
                                                       Calendar No. 588

116th CONGRESS

  2d Session

                                S. 2786

                          [Report No. 116-295]

_______________________________________________________________________

                                 A BILL

      To establish a Federal advisory committee to provide policy 
 recommendations to the Secretary of Transportation on positioning the 
 United States to take advantage of emerging opportunities for Arctic 
                        maritime transportation.

_______________________________________________________________________

                           November 16, 2020

                       Reported with an amendment