§ 4101. — Congressional findings and declaration of purposes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC4101]
TITLE 15--COMMERCE AND TRADE
CHAPTER 67--ARCTIC RESEARCH AND POLICY
Sec. 4101. Congressional findings and declaration of purposes
(a) The Congress finds and declares that--
(1) the Arctic, onshore and offshore, contains vital energy
resources that can reduce the Nation's dependence on foreign oil and
improve the national balance of payments;
(2) the Arctic is critical to national defense;
(3) the renewable resources of the Arctic, specifically fish and
other seafood, represent one of the Nation's greatest commercial
assets;
(4) Arctic conditions directly affect global weather patterns
and must be understood in order to promote better agricultural
management throughout the United States;
(5) industrial pollution not originating in the Arctic region
collects in the polar air mass, has the potential to disrupt global
weather patterns, and must be controlled through international
cooperation and consultation;
(6) the Arctic is a natural laboratory for research into human
health and adaptation, physical and psychological, to climates of
extreme cold and isolation and may provide information crucial for
future defense needs;
(7) atmospheric conditions peculiar to the Arctic make the
Arctic a unique testing ground for research into high latitude
communications, which is likely to be crucial for future defense
needs;
(8) Arctic marine technology is critical to cost-effective
recovery and transportation of energy resources and to the national
defense;
(9) the United States has important security, economic, and
environmental interests in developing and maintaining a fleet of
icebreaking vessels capable of operating effectively in the heavy
ice regions of the Arctic;
(10) most Arctic-rim countries possess Arctic technologies far
more advanced than those currently available in the United States;
(11) Federal Arctic research is fragmented and uncoordinated at
the present time, leading to the neglect of certain areas of
research and to unnecessary duplication of effort in other areas of
research;
(12) improved logistical coordination and support for Arctic
research and better dissemination of research data and information
is necessary to increase the efficiency and utility of national
Arctic research efforts;
(13) a comprehensive national policy and program plan to
organize and fund currently neglected scientific research with
respect to the Arctic is necessary to fulfill national objectives in
Arctic research;
(14) the Federal Government, in cooperation with State and local
governments, should focus its efforts on the collection and
characterization of basic data related to biological, materials,
geophysical, social, and behavioral phenomena in the Arctic;
(15) research into the long-range health, environmental, and
social effects of development in the Arctic is necessary to mitigate
the adverse consequences of that development to the land and its
residents;
(16) Arctic research expands knowledge of the Arctic, which can
enhance the lives of Arctic residents, increase opportunities for
international cooperation among Arctic-rim countries, and facilitate
the formulation of national policy for the Arctic; and
(17) the Alaskan Arctic provides an essential habitat for marine
mammals, migratory waterfowl, and other forms of wildlife which are
important to the Nation and which are essential to Arctic residents.
(b) The purposes of this chapter are--
(1) to establish national policy, priorities, and goals and to
provide a Federal program plan for basic and applied scientific
research with respect to the Arctic, including natural resources and
materials, physical, biological and health sciences, and social and
behavioral sciences;
(2) to establish an Arctic Research Commission to promote Arctic
research and to recommend Arctic research policy;
(3) to designate the National Science Foundation as the lead
agency responsible for implementing Arctic research policy; and
(4) to establish an Interagency Arctic Research Policy Committee
to develop a national Arctic research policy and a five year plan to
implement that policy.
(Pub. L. 98-373, title I, Sec. 102, July 31, 1984, 98 Stat. 1242; Pub.
L. 103-199, title VI, Sec. 601, Dec. 17, 1993, 107 Stat. 2327.)
Amendments
1993--Subsec. (a)(2). Pub. L. 103-199, Sec. 601(1), struck out ``as
the Nation's only common border with the Soviet Union,'' before ``the
Arctic''.
Subsec. (a)(10). Pub. L. 103-199, Sec. 601(2), struck out ``,
particularly the Soviet Union,'' after ``countries''.
Short Title
Section 101 of title I of Pub. L. 98-373 provided that: ``This title
[enacting this chapter] may be cited as the `Arctic Research and Policy
Act of 1984'.''
Ex. Ord. No. 12501. Arctic Research
Ex. Ord. No. 12501, Jan. 28, 1985, 50 F.R. 4191, as amended by Ex.
Ord. No. 13286, Sec. 45, Feb. 28, 2003, 68 F.R. 10627, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the Arctic Research and
Policy Act of 1984 (Title I of Public Law 98-373) (``the Act'') [15
U.S.C. 4101 et seq.], it is hereby ordered as follows:
Section 1. Establishment of Arctic Research Commission. There is
established the Arctic Research Commission.
Sec. 2. Membership of the Commission. (a) The Commission shall be
composed of five members appointed by the President, as follows:
(1) three 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;
(2) 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 resources
development; and
(3) one member appointed from individuals familiar with the Arctic
and representative of the needs and interests of private industry
undertaking resource development in the Arctic.
The Director of the National Science Foundation shall serve as a
nonvoting ex officio member of the Commission. The President shall
designate a Chairperson from among the five voting members of the
Commission.
(b) In making initial appointments to the Commission, the President
shall designate one member to serve for a term of two years, two members
to serve for terms of three years, and two members to serve for terms of
four years as provided by Section 103(c) of the Act [15 U.S.C. 4102(c)].
Upon the expiration of these initial terms of office, the term of office
of each member of the Commission shall be four years.
(c) Each of the Federal agencies represented on the Interagency
Committee established by Section 7 of this Order may designate a
representative to participate as an observer with the Commission. These
representatives shall report to and advise the Commission on the
activities of their agencies relating to Arctic research.
Sec. 3. Meetings of the Commission. The Commission shall meet at the
call of the Chairman or a majority of its members. The Commission
annually shall conduct at least one public meeting in the State of
Alaska.
Sec. 4. Functions of the Commission. (a) The Commission shall:
(1) develop and recommend an integrated national Arctic research
policy;
(2) assist, in cooperation with the Interagency Arctic Research
Policy Committee established by Section 7 of this Order, in establishing
a national Arctic research program plan to implement the Arctic research
policy;
(3) facilitate cooperation between the Federal government and State
and local governments with respect to Arctic research;
(4) review Federal research programs in the Arctic and suggest
improvements in coordination among programs;
(5) recommend methods to improve logistical planning and support for
Arctic research as may be appropriate;
(6) suggest methods for improving efficient sharing and
dissemination of data and information on the Arctic among interested
public and private institutions;
(7) offer other recommendations and advice to the Interagency Arctic
Research Policy Committee as it may find appropriate; and
(8) 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.
(b) Not later than January 31 of each year, the Commission shall:
(1) submit to the President and Congress a report describing the
activities and accomplishments of the Commission during the immediately
preceding fiscal year; and
(2) publish a statement of goals and objectives with respect to
Arctic research to guide the Interagency Arctic Research Policy
Committee in the performance of its duties.
Sec. 5. Responsibilities of Federal Agencies. (a) The heads of
Executive agencies shall, to the extent permitted by law, and in
accordance with Section 105 of the Act [15 U.S.C. 4104], provide the
Commission such information as it may require for purposes of carrying
out its functions.
(b) The heads of Executive agencies shall, upon reimbursement to be
agreed upon by the Commission and the agency head, permit the Commission
to utilize their facilities and services to the extent that the
facilities and services are needed for the establishment and development
of an Arctic research policy. The Commission shall take every feasible
step to avoid duplication of effort.
(c) All Federal agencies shall consult with the Commission before
undertaking major Federal actions relating to Arctic research.
Sec. 6. Administration of the Commission. Members of the Commission
who are otherwise employed for compensation shall serve without
compensation for their work on the Commission, but may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized by
law for persons serving intermittently in the government service.
Members of the Commission who are not otherwise employed for
compensation shall be compensated for each day the member is engaged in
actual performance of duties as a member, not to exceed 90 days of
service each calendar year, at a rate equal to the daily equivalent of
the rate for GS-16 of the General Schedule.
Sec. 7. Establishment of Interagency Arctic Research Policy
Committee. There is established the Interagency Arctic Research Policy
Committee (the ``Interagency Committee''). The National Science
Foundation shall serve as lead agency on the Interagency Committee and
shall be responsible for implementing Arctic research policy.
Sec. 8. Membership of the Interagency Committee. The Interagency
Committee shall be composed of representatives of the following Federal
agencies or their designees:
(a) National Science Foundation;
(b) Department of Commerce;
(c) Department of Defense;
(d) Department of Energy;
(e) Department of the Interior;
(f) Department of State;
(g) Department of Transportation;
(h) Department of Health and Human Services;
(i) Department of Homeland Security;
(j) National Aeronautics and Space Administration;
(k) Environmental Protection Agency;
(l) Office of Science and Technology Policy; and
(m) any other Executive agency that the Director of the National
Science Foundation shall deem appropriate. The Director of the National
Science Foundation or his designee shall serve as Chairperson of the
Interagency Committee.
Sec. 9. Functions of the Interagency Committee. (a) The Interagency
Committee shall:
(1) survey Arctic research conducted by Federal, State, and local
agencies, universities, and other public and private institutions to
help determine priorities for future Arctic research, including natural
resources and materials, physical and biological sciences, and social
and behavioral sciences;
(2) work with the Commission to develop and establish an integrated
national Arctic research policy that will guide Federal agencies in
developing and implementing their research programs in the Arctic;
(3) consult with the Commission on:
(a) the development of the national Arctic research policy and
the 5-year plan implementing the policy;
(b) Arctic research programs of Federal agencies;
(c) recommendations of the Commission on future Arctic research;
and
(d) guidelines for Federal agencies for awarding and
administering Arctic research grants;
(4) develop a 5-year plan to implement the national policy, as
provided in section 109 of the Act [15 U.S.C. 4108];
(5) provide the necessary coordination, data, and assistance for the
preparation of a single integrated, coherent, and multi-agency budget
request for Arctic research, as provided in section 110 of the Act [15
U.S.C. 4109];
(6) facilitate cooperation between the Federal government and State
and local governments in Arctic research, and recommend the undertaking
of neglected areas of research;
(7) coordinate and promote cooperative Arctic scientific research
programs with other nations, subject to the foreign policy guidance of
the Secretary of State;
(8) cooperate with the Governor of the State of Alaska in fulfilling
its responsibilities under the Act; and
(9) promote Federal interagency coordination of all Arctic research
activities, including:
(a) logistical planning and coordination; and
(b) the sharing of data and information associated with Arctic
research, subject to section 552 of title 5, United States Code.
(b) Not later than January 31, 1986, and biennially thereafter, the
Interagency Committee shall submit to the Congress through the President
a report concerning:
(1) its activities and accomplishments since its last report; and
(2) the activities of the Commission, detailing with particularity
the recommendations of the Commission with respect to Federal activities
in Arctic research.
Sec. 10. Public Participation. The Interagency Committee will
provide public notice of its meetings and an opportunity for the public
to participate in the development and implementation of national Arctic
research policy.
Sec. 11. Administration of Interagency Committee. Each agency
represented on the Committee shall, to the extent permitted by law and
subject to the availability of funds, provide the Committee with such
administrative services, facilities, staff, and other support services
as may be necessary for effective performance of its functions.
