S. Rept. 113-117 - 113th Congress (2013-2014)
November 06, 2013, As Reported by the Commerce, Science, and Transportation Committee

Report text available as:

Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.




Senate Report 113-117 - ARCTIC RESEARCH, MONITORING, AND OBSERVING ACT OF 2013




[Senate Report 113-117]
[From the U.S. Government Printing Office]


113th Congress                                                   Report
                                 SENATE
 1st Session                                                    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


<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>

                                     


                November 6, 2013.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred thirteenth congress
                             first session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California            JOHN THUNE, South Dakota
BILL NELSON, Florida                 ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington           ROY BLUNT, Missouri
MARK PRYOR, Arkansas                 MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri           KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota             DEAN HELLER, Nevada
MARK WARNER, Virginia                DAN COATS, Indiana
MARK BEGICH, Alaska                  TIM SCOTT, South Carolina
RICHARD BLUMENTHAL, Connecticut      TED CRUZ, Texas
BRIAN SCHATZ, Hawaii                 DEB FISCHER, Nebraska
ED MARKEY, Massachusetts             RON JOHNSON, Wisconsin
CORY BOOKER, New Jersey
                     Ellen Doneski, Staff Director
                     John Williams, General Counsel
              David Schwietert, Republican Staff Director
              Nick Rossi, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel


                                                       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 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
          (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.
    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 
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
                  (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'' 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, [assist 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;
          [(3)] (4) facilitate cooperation between the Federal 
        Government and State and local governments with respect 
        to Arctic research;
          [(4)] (5) review Federal research programs in the 
        Arctic and recommend improvements in coordination among 
        programs;
          [(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;
          [(6)] (7) recommend methods for improving efficient 
        sharing and dissemination of data and information on 
        the Arctic among interested public and private 
        institutions;
          [(7)] (8) offer other recommendations and advice to 
        the Interagency Committee established under section 107 
        as it may find appropriate;
          [(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;
          [(9)] (10) recommended to the Interagency Committee 
        the means for developing international scientific 
        cooperation in the Arctic;
          [(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.

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; [and]
          (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 purpose[.]; 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.
          (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. 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.
          [(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.