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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1427 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1427

    To provide the necessary authority to manage the activities in 
Antarctica of United States scientific research expeditions and United 
States tourists, and to regulate the taking of Antarctic marine living 
                   resources, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               August 6 (legislative day, June 30), 1993

   Mr. Kerry introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
    To provide the necessary authority to manage the activities in 
Antarctica of United States scientific research expeditions and United 
States tourists, and to regulate the taking of Antarctic marine living 
                   resources, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antarctic Scientific Research, 
Tourism, and Marine Resources Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) For well over a quarter of a century, scientific 
        investigation has been the main activity of the Federal 
        Government and United States nationals in Antarctica.
            (2) More recently Antarctica has become of increasing 
        interest to American tourists.
            (3) As the lead civilian agency in Antarctica, the National 
        Science Foundation has long had the responsibility of ensuring 
        that United States scientific expeditions and tourism, and 
        their supporting logistics operations, are conducted with an 
        eye to preserving the special values of the Antarctic region.
            (4) The National Science Foundation, in close cooperation 
        with other scientific agencies, has granted many scientific and 
        other permits under the Antarctic Conservation Act of 1978, 
        which implemented the Agreed Measures for the Conservation of 
        Antarctic Fauna and Flora adopted under the auspices of the 
        Antarctic Treaty.
            (5) The Antarctic Marine Living Resources Convention Act of 
        1984 and the Antarctic Protection Act of 1990 reinforce this 
        stewardship objective by assigning the Under Secretary of 
        Commerce for Oceans and Atmosphere the duty to conserve the 
        living and nonliving marine resources of the Antarctic region.
            (6) The recently concluded Protocol on Environmental 
        Protection to the Antarctic Treaty, which supplants the Agreed 
        Measures on Fauna and Flora, is the latest step in safeguarding 
        Antarctica as a natural reserve for science.
            (7) Effective implementation of the Protocol for the United 
        States will be best and most efficiently accomplished by 
        keeping the National Science Foundation in its lead agency role 
        in managing scientific activities in Antarctica, and by 
        assigning other roles to the Department of Commerce such as 
        tourism and resource regulation.

SEC. 3. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) The term ``Antarctica'' means the area south of 60 
        degrees south latitude.
            (2) The term ``Antarctic Treaty'' means the Antarctic 
        Treaty signed in Washington, District of Columbia, on December 
        1, 1959.
            (3) The term ``Director'' means the Director of the 
        National Science Foundation.
            (4) The term ''minor or transitory impact'' means a minor 
        or transitory impact as described in Article 8 of the Protocol.
            (5) The term ``Protocol'' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, done at 
        Madrid on October 4, 1991, and all the annexes thereto.
            (6) The term ``Secretary'' means the Secretary of Commerce.
            (7) The term ``vessel of the United States'' has the 
        meaning provided in section 2101(46) of title 46, United States 
        Code.
            (8) The term ``vessel subject to the jurisdiction of the 
        United States'' means a foreign vessel that--
                    (A) is used to provide logistic support to United 
                States facilities in Antarctica; or
                    (B) transports passengers to, from, or in 
                Antarctica, if--
                            (i) there is an agreement between the 
                        United States and the flag nation of the 
                        foreign vessel regarding such transportation;
                            (ii) the flag nation of the foreign vessel 
                        is a party to the Protocol and has referred the 
                        matter to the United States; or
                            (iii) the United States may exercise 
                        jurisdiction over the vessel in accordance with 
                        generally recognized principles of 
                        international law.

SEC. 4. REPRESENTATIVE, ARBITRATORS, AND INSPECTORS.

    (a) Representative to Committee for Environmental Protection.--(1) 
The President shall appoint an officer or employee of the United States 
as the United States representative to the Committee for Environmental 
Protection under the Protocol. Such officer or employee shall have the 
technical qualifications required to serve in such capacity.
    (2) The person appointed under paragraph (1) shall receive no 
additional compensation for serving as the United States 
representative.
    (b) Arbitrators.--(1) The Secretary of State shall designate up to 
three arbitrators to serve on the Arbitral Tribunal to be established 
under the Protocol.
    (2) Each arbitrator shall be experienced in Antarctic affairs, have 
a thorough knowledge of international law, and have the highest 
reputation for fairness, competence, and integrity.
    (c) Inspectors.--The Secretary of State shall designate persons to 
serve as inspectors under Article 14 of the Protocol.

SEC. 5. UNLAWFUL ACTIVITIES.

    It is unlawful for any person--
            (1) to conduct an activity within Antarctica, including 
        tourism, scientific research, expeditions, and logistical 
        support to United States facilities and bases, in a manner 
        inconsistent with the Protocol;
            (2) to violate a provision of this Act, a regulation 
        promulgated under this Act, or the terms of a permit issued 
        under this Act;
            (3) to refuse to permit an authorized officer or employee 
        of the United States to board a vessel of the United States or 
        a vessel subject to the jurisdiction of the United States for 
        the purpose of conducting any search or inspection in 
        connection with the enforcement of this Act;
            (4) to assault, resist, oppose, impede, intimidate, or 
        interfere with an authorized officer or employee of the United 
        States in the conduct of any search or inspection described in 
        paragraph (3);
            (5) to resist a lawful arrest or detention for an act 
        prohibited by this section;
            (6) to interfere with, delay, or prevent, by any means, the 
        apprehension, arrest, or detention of another person, knowing 
        that such other person has committed any act prohibited by this 
        section; or
            (7) to attempt to commit an act prohibited by this section.

SEC. 6. PERMITS AND OTHER REGULATORY CONTROLS.

    (a) Activities Requiring Permits.--The following activities shall 
not be conducted by any person in Antarctica, except in accordance with 
a permit issued in accordance with this section:
            (1) The conduct or support by a person of a tourism 
        expedition or other nongovernmental expedition by vessel or 
        aircraft to, from, or within Antarctica.
            (2) The operation of United States facilities within 
        Antarctica, including the construction or decommissioning of a 
        United States base, building, or airfield.
            (3) An activity for which the Protocol requires a permit.
    (b) Applications.--(1) Applications for permits under this section 
shall be made in such manner and form, and shall contain such 
information, as the Director with the concurrence of the Secretary 
shall prescribe by regulation.
    (2) The Director shall publish notice in the Federal Register of 
each application for a permit under this section. The notice shall 
invite the submission by interested parties, within 30 days after the 
date of publication of the notice, of written data, comments, or views 
with respect to the application. Information received by the Director 
as a part of an application shall be available to the public as a 
matter of public record.
    (c) Action on Certain Permit Applications.--(1) When the Director 
receives an application for a permit under this section to undertake an 
action to which a law administered by another Federal agency applies, 
the Director shall refer the application to such agency for review and 
appropriate action.
    (2) After receiving a copy of an application from the Director 
under paragraph (1), the head of the Federal agency concerned shall 
promptly determine and notify the Director whether or not an action 
proposed in the application would be prohibited by a law administered 
by such agency or otherwise requires a permit or other authorization 
under a law administered by such agency.
    (3) If the head of such agency notifies the Director that an action 
proposed in the application would be prohibited by a law administered 
by such agency, the Director may not issue a permit under this section 
with respect to the proposed action.
    (4) If the head of such agency notifies the Director that an action 
proposed in the application requires a permit or other authorization 
under a law administered by such agency, the Director may not issue a 
permit under this section with respect to the proposed action unless 
the other required permit or authorization is issued by such agency and 
a copy thereof is submitted to the Director.
    (d) Issuance of Permits.--(1) As soon as practicable after 
receiving an application for a permit under this section, or, in the 
case of an application to which subsection (c) applies, as soon as 
practicable after the applicable requirements of that subsection are 
complied with, the Director shall issue, or deny the issuance of, the 
permit. Within 10 days after the date of the issuance or denial, the 
Director shall publish notice of the issuance or denial in the Federal 
Register, including a description of any permit terms and conditions.
    (2) Subject to paragraph (3), a permit may not be issued under this 
section for an activity unless--
            (A) the application for the permit contains sufficient 
        information to allow the Director to make a prior assessment 
        of, and informed judgment about, the possible impacts of the 
        proposed activity on Antarctica, including cumulative impacts, 
        and on the value of Antarctica for the conduct of scientific 
        research;
            (B) if required under section 7, an environmental impact 
        statement has been prepared, and circulated by the Secretary of 
        State in accordance with the Protocol; and
            (C) the proposed activity is consistent with this Act and 
        the Protocol.
    (3) If the proposed activity is the expansion, construction, or 
decommissioning of a United States base, building, or air field, or the 
operation of a United States base, building, or air field that was 
expanded or constructed after the date of enactment of this Act, the 
Director may not issue a permit for that activity unless the Director 
determines that--
            (A) the requirements of paragraph (2) are complied with;
            (B) there is a substantial national need for the activity; 
        and
            (C) there is no practicable alternative that will have a 
        less adverse impact on the environment.
    (4) If the proposed activity is a tourism activity, an activity 
described in paragraph (3), or an introduction or taking of an 
Antarctic marine living resource to which the Antarctic Marine Living 
Resources Convention Act of 1984 applies, or if the Director determines 
that the activity will have more than a minor or transitory impact, the 
Director may issue a permit only if the Secretary concurs.
    (5) Activities regulated by an annex to the Protocol and which are 
authorized under a permit issued by the Director are considered to be 
in compliance with Article 3 of the Protocol.
    (e) Terms and Conditions of Permits.--Each permit issued under this 
section shall specify the period during which the permit is valid and 
such other terms and conditions as the Director (or, if applicable, the 
head of any Federal agency described in subsection (c)) considers 
appropriate to ensure that an action authorized under the permit is 
carried out in a manner consistent with the Protocol, this Act, and the 
regulations promulgated under this Act.
    (f) Judicial Review.--(1) Any applicant for a permit may obtain 
judicial review pursuant to chapter 7 of title 5, United States Code, 
of--
            (A) the terms and conditions of a permit issued by the 
        Director under this section; or
            (B) refusal of the Director to issue a permit.
    Review under this subsection may be initiated by filing a petition 
for review in the United States district court for the district wherein 
the applicant for a permit resides or that is the principal place of 
business of the applicant, or in the United States District Court for 
the District of Columbia, within 60 days after the date on which the 
permit is issued or denied.
    (g) Modification, Suspension, and Revocation.--(1) The Director may 
modify, suspend, or revoke, in whole or in part, a permit issued under 
this section--
            (A) if there is a change in conditions which makes the 
        permit inconsistent with this Act or the provisions of the 
        Protocol, including Article 3 of the Protocol;
            (B) in order to make the permit consistent with a change 
        made after the date of issuance of the permit to a regulation 
        promulgated under section 9; or
            (C) in a case in which there has been a violation of a term 
        or condition of the permit, or of a regulation promulgated 
        under this Act or a provision of this Act relating to that 
        permit.
    (2) If the Director proposes a modification, suspension, or 
revocation of a permit under this subsection, the permittee shall be 
afforded opportunity, after due notice, for a hearing by the Director 
with respect to the proposed modification, suspension, or revocation. 
If a hearing is requested, the action proposed by the Director shall 
not take effect before a decision is issued after the hearing, unless 
the proposed action is taken by the Director to protect the Antarctic 
environment, and its dependent and associated ecosystems, or to prevent 
the loss of human life.
    (3) The Director shall publish notice of the modification, 
suspension, or revocation of a permit in the Federal Register within 10 
days after the date of the Director's decision, including the reasons 
for the action.
    (h) Permit Fees.--The Director shall establish and charge fees for 
processing applications for permits under this section. The amount of 
the fees shall be commensurate with the administrative costs incurred 
by the Director in processing the application, but shall not include 
the costs to the Director of preparing an environmental impact 
statement that is required under section 7.
    (i) Other Regulatory Controls.--(1) The Administrator of the 
Environmental Protection Agency has overall responsibility for the 
implementation of the provisions of Annex III of the Protocol. In 
carrying out the responsibility, the Administrator shall--
            (A) prohibit incineration in Antarctica; and
            (B) require that discharges into the sea in Antarctica 
        after January 1, 1995, shall meet secondary treatment standards 
        that are the same as those applicable to the navigable waters 
        of the United States.
    (2) The Federal Facilities Compliance Act of 1992 (Public Law 102-
386; 106 Stat. 1505), including amendments by that Act to other 
provisions of law, and the Clean Air Act (42 U.S.C. 7401 et seq.) apply 
in Antarctica. Nothing in the preceding sentence shall be construed to 
affect the applicability of any other law in Antarctica.

SEC. 7. ENVIRONMENTAL ASSESSMENT OF ACTIVITIES WITHIN ANTARCTICA.

    (a) Federal Activities.--(1) The head of each Federal agency which 
plans to conduct an activity in Antarctica (including the conduct of 
scientific research and the provision of logistical support to United 
States facilities), or plans to take action on an application for a 
permit to conduct such an activity, shall review the activity in 
accordance with Annex I of the Protocol. The agency head shall consult 
with the Director in conducting the review. If the agency head 
determines that the proposed activity will have less than a minor or 
transitory impact, and the Director does not disagree, the activity may 
proceed if the agency monitors the activity to verify that less than a 
minor or transitory impact results from the activity.
    (2) If the agency head determines that the proposed activity will 
have at least a minor or transitory impact, the agency shall prepare an 
environmental assessment.
    (3) If the agency head determines, through the preparation of an 
environmental assessment or otherwise, that a proposed activity will 
have more than a minor or transitory impact, the agency shall prepare 
an environmental impact statement on the proposed activity.
    (4) If the Secretary, the Director, or the Administrator of the 
Environmental Protection Agency disagrees with an agency determination 
under this section that a proposed activity will have a minor or 
transitory impact, or less, the matter shall be referred to the 
President for review and no decision shall be taken to proceed with or 
permit the activity until the President takes action. On the basis of 
the review, the President may require the agency head to prepare an 
environmental assessment or environmental impact statement on the 
proposed activity.
    (b) Tourism and Other Nongovernmental Activities.--The Secretary, 
in consultation with the Director, shall issue regulations establishing 
procedures for the environmental assessment of tourism and other 
nongovernmental activities conducted by any person within Antarctica, 
consistent with the applicable law and the Protocol.
    (c) Review.--No decision shall be taken to proceed with or permit 
an activity for which an environmental impact statement is prepared 
under this section until--
            (1) the draft statement has been made publicly available 
        for at least 90 days and circulated by the Secretary of State 
        in accordance with Article 3 of Annex I to the Protocol;
            (2) there has been an opportunity for consideration of the 
        draft statement at a meeting of the Antarctic Treaty 
        Consultative Parties, except that no decision to proceed with a 
        proposed activity shall be delayed through the operation of 
        this paragraph for more than 15 months from the circulation of 
        the draft statement;
            (3) a final statement has been made publicly available at 
        least 60 days before the commencement of the proposed activity; 
        and
            (4) monitoring procedures have been established to assess 
        and verify the impacts of the activity.
    (d) Exception.--This section shall not apply in cases of extreme 
emergency relating to the prevention of the loss of human life or 
involving the safety of a ship or aircraft.

SEC. 8. MONITORING, INSPECTIONS, PLANS, REPORTS.

    (a) Monitoring.--The Director, in consultation with the Secretary 
and the heads of other appropriate Federal agencies, shall develop and 
implement a plan for the monitoring of activities within Antarctica, 
including the operation of United States facilities, scientific 
research, and expeditions, that have more than a minor or transitory 
impact.
    (b) Inspections.--The Secretary of State may agree on behalf of the 
United States to a system of observation and inspection and to interim 
arrangements pending the establishment of such a system pursuant to 
Article 14 of the Protocol.
    (c) Land-Based Contingency Plans.--The Director, in consultation 
with the heads of appropriate Federal agencies, shall develop 
requirements for contingency plans for response to incidents caused by 
persons within Antarctica with potential adverse effects as described 
in Article 15 of the Protocol.
    (d) Reports.--The Secretary of State shall--
            (1) circulate to all parties to the Antarctic Treaty, after 
        notice and public comment, all inspection and compliance 
        reports and all actions taken to ensure compliance with the 
        Protocol, including notice of activities undertaken in cases of 
        emergency; and
            (2) bring promptly to the attention of other parties to the 
        Antarctic Treaty all known incidents of noncompliance with the 
        Protocol by the nationals of those parties.

SEC. 9. REGULATIONS.

    (a) In General.--The Director, the Secretary, and the Secretary of 
the department in which the Coast Guard is operating, after 
consultation with appropriate officials, shall promulgate such 
regulations as are appropriate to implement this Act, taking into 
account the Antarctic Treaty, any measures adopted thereunder, the 
Protocol, and any awards issued thereunder by a competent tribunal.
    (b) Schedule For Regulations.--The regulations required by this 
section shall be promulgated within two years after the date of 
enactment of this Act.

SEC. 10. CIVIL PENALTIES.

    (a) Assessment of Penalties.--(1) Any person who is found by the 
Director or the Secretary, after notice and opportunity for a hearing 
in accordance with subsection (b), to have committed any act prohibited 
by section 5 shall be liable to the United States for a civil penalty. 
The amount of the civil penalty shall not exceed $25,000 for each 
violation. Each day of a continuing violation shall constitute a 
separate offense. The amount of any civil penalty shall be assessed by 
the Director or the Secretary by written notice. In determining the 
amount of the penalty, the Director or the Secretary shall take into 
account the nature, circumstances, extent, and gravity of the 
prohibited acts committed, and, with respect to the violator, the 
degree of culpability, any history of prior offenses, ability to pay, 
and such other matters as justice may require, to the extent that the 
information is reasonably available to the Director or the Secretary.
    (2) The Director or the Secretary may compromise, modify, or remit, 
with or without conditions, any civil penalty which may be imposed 
under this section.
    (b) Hearings.--Hearings for the assessment of civil penalties under 
subsection (a) shall be conducted in accordance with section 554 of 
title 5, United States Code. For the purposes of conducting any such 
hearing, the Director or the Secretary may issue subpoenas for the 
attendance and testimony of witnesses and the production of relevant 
papers, books, and documents, and may administer oaths. Witnesses 
summoned shall be paid the same fees and mileage that are paid to 
witnesses in the courts of the United States. In case of contempt or 
refusal to obey a subpoena served upon any person pursuant to this 
subsection, the district court of the United States for any district in 
which the person is found, resides, or transacts business, upon 
application by the United States and after notice to the person, shall 
have jurisdiction to issue an order requiring the person to appear 
before the Director or the Secretary and either give testimony or 
produce documents or both, and any failure to obey such order of the 
court may be punished by the court as a contempt thereof.
    (c) Review of Civil Penalty.--Any person against whom a civil 
penalty is assessed under subsection (a) may obtain review thereof in 
the appropriate district court of the United States by filing a 
complaint in the court within 30 days after the date of the order and 
by simultaneously sending a copy of the complaint by certified mail to 
the Director or the Secretary, the Attorney General, and the 
appropriate United States Attorney. The Director or the Secretary shall 
promptly file in the court a certified copy of the record upon which 
the violation was found or the penalty imposed, as provided in section 
2112 of title 28, United States Code. The court shall set aside the 
findings and order of the Director or the Secretary if the findings and 
order are found to be unsupported by substantial evidence, as provided 
in section 706(2)(E) of title 5, United States Code.
    (d) Recovery of Civil Penalties.--The Attorney General may seek to 
recover in any appropriate district court of the United States (1) any 
civil penalty imposed under this section that has become a final and 
unappealable order and has been referred to the Attorney General by the 
Director or the Secretary, or (2) any final judgment rendered under 
this section in favor of the United States by an appropriate court. In 
such action, the validity and appropriateness of the final order 
imposing the civil penalty shall not be subject to review.
    (e) Penalties Under Other Laws.--The assessment of a civil penalty 
under subsection (a) for any act shall not be considered to preclude 
the assessment of a civil penalty for the act under any other law.
    (f) Consultation.--The Director and the Secretary shall consult on 
an ongoing basis to ensure that the functions authorized under this 
section are carried out effectively and fairly.

SEC. 11. CRIMINAL OFFENSES.

    (a) Offenses.--A person is guilty of an offense if that person 
knowingly commits an act prohibited by section 5.
    (b) Punishment.--An offense under subsection (a) is punishable by 
imprisonment for not more than one year, or a fine under title 18, 
United States Code, or both.
    (c) Offenses Under Other Laws.--A conviction under subsection (a) 
for any act shall not be considered to preclude a conviction for the 
act under any other law.

SEC. 12. ENFORCEMENT.

    (a) Responsibility.--The provisions of this Act shall be enforced 
by the Director, the Secretary, and the Secretary of the department in 
which the Coast Guard is operating. The Director and the Secretaries 
may utilize by agreement, on a reimbursable basis or otherwise, the 
personnel, services, and facilities (including aircraft and vessels) of 
any other department or agency of the United States in the performance 
of such duties.
    (b) Powers of Authorized officers and Employees.--An officer or 
employee of the United States who is authorized, by the Director, the 
Secretary, the Secretary of the department in which the Coast Guard is 
operating, or the head of a department or agency of the United States 
which has entered into an agreement with the Director or either 
Secretary under subsection (a), to enforce the provisions of this Act, 
a regulation promulgated under this Act, or a permit issued under this 
Act may, in enforcing such provision--
            (1) secure, execute, and serve an order, warrant, subpoena, 
        or other process, which is issued under the authority of the 
        United States or by a court of competent jurisdiction;
            (2) search without warrant a person, place, vehicle, or 
        aircraft subject to the jurisdiction of the United States if 
        there are reasonable grounds to believe that a person has 
        committed an act prohibited by section 5;
            (3) with or without a warrant, board and search or inspect 
        a vessel of the United States or vessel subject to the 
        jurisdiction of the United States--
            (4) seize without warrant--
                    (A) an evidentiary item if there are reasonable 
                grounds to believe that a person has committed an act 
                prohibited by section 5;
                    (B) any resource with respect to which such an act 
                is committed;
                    (C) a vessel of the United States (including its 
                gear, furniture, appurtenances, stores, and cargo), a 
                vessel subject to the jurisdiction of the United States 
                (including its gear, furniture, appurtenances, stores, 
                and cargo), a vehicle, aircraft, or other means of 
                transportation that is subject to the jurisdiction of 
                the United States, used in connection with such an act; 
                and
                    (D) a gun, trap, net, or equipment used in 
                connection with such an act;
            (5) Offer and pay rewards for information which may lead to 
        the apprehension of persons violating such provisions;
            (6) make inquiries, and administer to or take from, a 
        person an oath, affirmation, or affidavit, concerning a matter 
        which is related to the enforcement of such provisions;
            (7) in coordination with the Secretary of the Treasury, 
        detain for inspection and inspect a package, crate, or other 
        container, including its contents and all accompanying 
        documents, upon importation into or exportation from the United 
        States;
            (8) make an arrest with or without a warrant with respect 
        to any act prohibited by section 5, if such officer or employee 
        has reasonable grounds to believe that the person to be 
        arrested is committing such act in his or her presence or view 
        or has committed such act;
            (9) exercise enforcement powers conferred on the officer or 
        employee under a system of observation and inspection, or 
        interim arrangements pending the establishment of such a 
        system, which the President has agreed to on behalf of the 
        United States; and
            (10) exercise any other authority which the officer or 
        employee is permitted by law to exercise.
    (c) Seizure.--A property or item seized pursuant to subsection (b) 
shall be held by any officer or employee of the United States who is 
authorized by the Director, the Secretary, or the Secretary of the 
department in which the Coast Guard is operating, pending the 
disposition of civil or criminal proceedings concerning the violation 
relating to the property or item or the institution of an action in rem 
for the forfeiture of such property or item. Such authorized officer or 
employee may, upon the order of a court of competent jurisdiction, 
either release the seized property or item to the wild or destroy the 
property or item if the cost of maintenance of the property or item 
pending the disposition of the case is greater than the legitimate 
market value of the property or item. The authorized officer or 
employee and all officers or employees acting by or under his or her 
direction shall be indemnified from any penalties or actions for 
damages for so releasing or destroying the property or item, unless the 
actions of the officer or employee are grossly negligent or constitute 
willful misconduct. The authorized officer or employee may, in lieu of 
holding such property or item, permit the owner or consignee thereof to 
post a bond or other satisfactory surety.
    (d) Forfeiture.--(1) A vessel of the United States (including its 
gear, furniture, appurtenances, stoves, and cargo), or vessel, vehicle, 
or aircraft or other means of transportation subject to the 
jurisdiction of the United States, which is used in connection with an 
act prohibited by section 5, and a gun, trap, net, and other equipment 
used in connection with such act, shall be subject to forfeiture to the 
United States.
    (2) Upon the forfeiture to the United States of an item described 
in paragraph (1), or upon the abandonment or waiver of any claim to any 
such item, it shall be disposed of by the Director, the Secretary, or 
the Secretary of the department in which the Coast Guard is operating, 
as the case may be, in such a manner, consistent with the purposes of 
this Act, as may be prescribed by regulation.
    (e) Application of Laws.--All provisions of law relating to the 
seizure, forfeiture, and condemnation of property (including vessels) 
for violation of the customs laws, the disposition of the property or 
the proceeds from the sale thereof, and the remission or mitigation of 
the forfeiture, shall apply to the seizures and forfeitures incurred, 
or alleged to have been incurred, and the compromise of claims, under 
the provisions of this Act, insofar as such provisions of law are 
applicable and not inconsistent with the provisions of this Act; except 
that all powers, rights, and duties conferred or imposed by the customs 
laws may, for the purposes of this Act, also be exercised or performed 
by the Director, the Secretary, or the Secretary of the department in 
which the Coast Guard is operating, or by such officers or employees of 
the United States as the Director, the Secretary, or the Secretary of 
the department in which the Coast Guard is operating may designate.
    (f) Emergency Powers.--Notwithstanding any other provision of this 
Act, the Director, the Secretary, or the Secretary of the department in 
which the Coast Guard is operating, upon receipt of evidence that an 
activity by a person is presenting, or is threatening to present, an 
imminent and substantial endangerment to the environment of Antarctica 
or to the health and safety of persons residing therein, may commence a 
civil action on behalf of the United States in the appropriate district 
court of the United States to immediately restrain that person causing 
the activity to stop the activity or to take such other action as may 
be necessary.
    (g) Inspection Fees.--The Director, the Secretary, and the 
Secretary of the department in which the Coast Guard is operating may 
charge reasonable fees for the expenses of the United States incurred 
in carrying out inspections and in transferring, boarding, handling, or 
storing evidentiary items seized or forfeited under this Act.

SEC. 13. IN REM LIABILITY; JURISDICTION OF COURTS.

    (a) In Rem Liability.--A vessel of the United States, or a vessel 
subject to the jurisdiction of the United States, that is operated in 
violation of the Protocol, this Act, or the regulations promulgated 
under this Act is liable in rem for any civil penalty assessed under 
section 10 or any fine imposed under section 11, and may be proceeded 
against in any district court of the United States having jurisdiction. 
The penalty or fine shall constitute a lien on the vessel which may be 
recovered in an action in rem in the district court of the United 
States having jurisdiction.
    (b) Jurisdiction of Courts.--The district courts of the United 
States shall have jurisdiction over any case or controversy arising 
under the provisions of this Act or of any regulation or permit issued 
under this Act.

SEC. 14. CITIZEN SUITS.

    (a) Authority To Bring Civil Actions.--Except as provided in 
subsections (c) and (d), any person may commence a civil action on that 
person's own behalf--
            (1) against any person (including the United States and any 
        other governmental instrumentality or agency, to the extent 
        permitted by the eleventh amendment to the Constitution) who is 
        alleged to have committed an act prohibited under section 5 of 
        this Act, section 306 of the Antarctic Marine Living Resources 
        Convention Act of 1984 (16 U.S.C. 2435), or section 4 of the 
        Antarctic Protection Act of 1990 (16 U.S.C. 2463); or
            (2) against the Director, the Secretary, or any other head 
        of a Federal agency where there is alleged a failure of the 
        Director, the Secretary, or such other agency head to perform 
        any act or duty under this Act, the Antarctic Marine Living 
        Resources Convention Act of 1984, or the Antarctic Protection 
        Act of 1990, which is not discretionary with the Director, the 
        Secretary, or such other agency head.
    (b) Relief.--The appropriate district court of the United States 
shall have jurisdiction in actions brought under subsection (a)(1) to 
enforce the prohibition concerned, to order such action as may be 
necessary to correct the violation, and to impose any civil penalty 
provided for the violation. The appropriate district court shall have 
jurisdiction in actions brought under subsection (a)(2) to order the 
Director, the Secretary, or the affected other agency head to perform 
the act or duty concerned.
    (c) Rules Applicable to Subsection (a)(1) Actions.--(1) No action 
may be commenced under subsection (a)(1) before 60 days after the 
plaintiff has given notice of the alleged violation to each of the 
following:
            (A) The Director and the Secretary.
            (B) Any alleged violator of the prohibition.
Notice under this paragraph shall be given in such manner as the 
Director shall prescribe by regulation.
    (2) No action may be commenced under subsection (a)(1) if the 
Director or Secretary has commenced and is diligently pursuing an 
action under this Act, the Antarctic Marine Living Resources Convention 
Act of 1984, or the Antarctic Protection Act of 1990, to require 
compliance with the prohibition concerned.
    (d) Rules Applicable to Subsection (a)(2) Actions.--No action may 
be commenced under subsection (a)(2) before the 60th day following the 
date on which the plaintiff gives notice to the Director, the 
Secretary, or the affected other agency head that the plaintiff will 
commence such action.
    (e) Costs.--The court, in issuing any final order in any action 
commenced pursuant to this section, may award costs of litigation 
(including reasonable attorney and expert witness fees) to the 
prevailing or the substantially prevailing party whenever the court 
determines such an award is appropriate. The court may, if a temporary 
restraining order or preliminary injunction is sought, require the 
filing of a bond or equivalent security in accordance with the Federal 
Rules of Civil Procedure.
    (f) Intervention.--In any action under this section, the United 
States if not a party may intervene as a matter of right.
    (g) Other Rights.--This section does not restrict any right that 
any person may have under any statute or common law to seek enforcement 
of any standard or limitation or to seek any other relief.

SEC. 15. AMENDMENTS TO ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT 
              OF 1984.

    (a) Findings.--Section 302 of the Antarctic Marine Living Resources 
Convention Act of 1984 (16 U.S.C. 2431) is amended by striking ``and'' 
at the end of paragraph (5), by redesignating paragraph (6) as 
paragraph (7), and by inserting immediately after paragraph (5) the 
following new paragraph:
            ``(6) safeguards provided in the Protocol concerning the 
        taking of or harmful interference with marine living resources 
        provide important supplementary protection; and''.
    (b) Definitions.--(1) Section 303(2) of the Antarctic Marine Living 
Resources Convention Act of 1984 (16 U.S.C. 2432(2)) is amended--
            (A) by inserting ``invertebrates, and plants,'' immediately 
        before ``found south''; and
            (B) by inserting ``, other than nonindigenous animals and 
        plants introduced from north of the Convergence'' immediately 
        before the period at the end.
    (2) Section 303(5)(A) of the Antarctic Marine Living Resources 
Convention Act of 1984 (16 U.S.C. 2432(5)(A)) is amended by inserting 
``, including any taking or harmful interference prohibited under 
Article 3 of Annex II to the Protocol'' immediately before the 
semicolon.
    (3) Section 303 of the Antarctic Marine Living Resources Convention 
Act of 1984 (16 U.S.C. 2432) is amended--
            (A) by redesignating paragraphs (9) through (11) as 
        paragraphs (10) through (12), respectively; and
            (B) by inserting immediately after paragraph (8) the 
        following new paragraph:
            ``(9) Protocol.--The term `Protocol' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, done at 
        Madrid on October 4, 1991, and all annexes thereto.''.
    (c) Unlawful Activities.--(1) Section 306(1) of the Antarctic 
Marine Living Resources Convention Act of 1984 (16 U.S.C. 2435(1)) is 
amended by inserting ``or the Protocol,'' immediately after ``violation 
of the provisions of the Convention''.
    (2) Section 306 of the Antarctic Marine Living Resources Convention 
Act of 1984 (16 U.S.C. 2435) is amended by redesignating paragraphs (4) 
through (7) as paragraphs (5) through (8), respectively, and inserting 
immediately after paragraph (3) the following new paragraph:
            ``(4) to introduce a dog into the area south of 60 degrees 
        south latitude or, unless authorized by a permit issued under 
        section 6 of the Antarctic Scientific Research, Tourism, and 
        Marine Resources Act of 1993, to introduce any other 
        nonindigenous animal or plant into such area;''.
    (d) Conforming Amendments.--(1) Section 309(a) of the Antarctic 
Marine Living Resources Convention Act of 1984 (16 U.S.C. 2438(a)) is 
amended by striking ``(4), (5), (6), or (7)'' and inserting in lieu 
thereof ``(5), (6), (7), or (8)''.
    (2) Section 310(b)(8) of the Antarctic Marine Living Resources 
Convention Act of 1984 (16 U.S.C. 2439(b)(8)) is amended by striking 
``(4), (5), (6), or (7)'' and inserting in lieu thereof ``(5), (6), 
(7), or (8)''.

SEC. 16. AMENDMENTS TO THE ACT TO PREVENT POLLUTION FROM SHIPS.

    (a) Definitions.--Section 2(a) of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1901(a)) is amended--
            (1) in paragraph (8) by striking ``and'' at the end;
            (2) in paragraph (9) by striking the period and inserting 
        in lieu thereof a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(10) `Antarctica' means the area south of 60 degrees 
        south latitude, including all ice shelves; and
            ``(11) `Antarctic Protocol' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, done at 
        Madrid on October 4, 1991, and all annexes thereto.''.
    (b) Application of Annex IV.--Section 2 of the Act to Prevent 
Pollution from Ships (33 U.S.C. 1901) is amended by adding at the end 
the following new subsection:
    ``(c) The requirements of Annex IV to the Antarctic protocol shall 
apply in Antarctica--
            ``(1) to all ships described in section 3(a)(1); and
            ``(2) to all other ships over which the United States has 
        jurisdiction, including all ships engaged in or supporting 
        United States Antarctic operations.''
    (c) Ships Covered by the Act.--Section 3 of the Act to Prevent 
Pollution from Ships (33 U.S.C. 1902) is amended--
            (1) in subsection (a) by striking ``and'' after the 
        semicolon at the end of paragraph (3), by striking the period 
        at the end of paragraph (4) and inserting in lieu thereof ``; 
        and'', and by adding at the end the following new paragraph:
            ``(5) with respect to Annex IV to the Antarctic Protocol, 
        to all ships described in paragraph (1) and to all other ships 
        over which the United States has jurisdiction, including all 
        ships engaged in or supporting United States Antarctic 
        operations.''; and
            (2) in subsection (b)(2)--
                    (A) in subparagraph (A) by striking ``subparagraph 
                (B)'' and inserting in lieu thereof ``subparagraph 
                (C)'';
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting immediately after subparagraph (A) 
                the following new subparagraph:
    ``(B) Notwithstanding any provision of the Antarctic Protocol and 
subject to subparagraph (C), the requirements of Annex IV to that 
Protocol shall apply to a ship referred to in paragraph (1)(A) 
operating in Antarctica.''.
    (d) Administration.--Section 4(a) of the Act to Prevent Pollution 
from Ships (33 U.S.C. 1903(a)) is amended in the first sentence by 
inserting ``, Annex IV to the Antarctic Protocol,'' immediately after 
``MARPOL Protocol''.
    (e) Regulations.--Section 4 of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1903) is amended--
            (1) in subsection (b)(1) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' immediately after ``MARPOL Protocol''; 
        and
            (2) by adding at the end of subsection (b) the following 
        new paragraph:
    ``(3) The Secretary shall prescribe, within 2 years after the 
effective date of the Antarctic Scientific Research, Tourism, and 
Marine Resources Act of 1993, regulations to implement Annex IV to the 
Antarctic Protocol, regulations to ensure that all ships described in 
section 3(a)(1) and all other ships over which the United States has 
jurisdiction have contingency plans for marine pollution incidents in 
Antarctica.''.
    (f) Shipboard Retention of Wastes.--Section 6 of the Act to Prevent 
Pollution from Ships (33 U.S.C. 1905) is amended by adding at the end 
the following new subsection:
    ``(g) The Secretary shall ensure that all ships described in 
section 3(a)(1) and all other ships over which the United States has 
jurisdiction, before entering Antarctica--
            ``(1) have sufficient capacity in accordance with Annex IV 
        to the Antarctic Protocol to retain on board, all oil, noxious 
        liquid substances, and garbage; and
            ``(2) have concluded arrangements to discharge oil, noxious 
        liquid substances, and garbage at reception facilities outside 
        of Antarctica.''.
    (g) Violations and Enforcement.--Section 8 of the Act to Prevent 
Pollution from Ships (33 U.S.C. 1907) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence by inserting ``Annex IV 
                to the Antarctic Protocol,'' immediately after ``MARPOL 
                Protocol,''; and
                    (B) by inserting immediately after the second 
                sentence the following: ``The Secretary shall cooperate 
                with other parties to the Antarctic Protocol in the 
                detection of violations of Annex IV to that Protocol 
                and in the enforcement of Annex IV.'';
            (2) in subsection (b)--
                    (A) in the fourth sentence by inserting ``or Annex 
                IV to the Antarctic Protocol as applicable,'' 
                immediately after ``MARPOL Protocol''; and
                    (B) in the fifth sentence by inserting ``or a party 
                to the Antarctic Protocol'' immediately after ``MARPOL 
                Protocol''; and
            (3) in subsection (e)--
                    (A) in paragraph (2) by inserting ``, of Annex IV 
                to the Antarctic Protocol,'' immediately after ``MARPOL 
                Protocol'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting immediately after paragraph (1) 
                the following:
    ``(2) The Secretary may inspect at any time a ship described in 
section 3(a)(1) or any other ship over which the United States has 
jurisdiction, to verify whether that ship has discharged oil, a noxious 
liquid substance, garbage, or sewage in violation of Annex IV to the 
Antarctic Protocol or in violation of any provision of this Act that 
implements that Protocol.''.
    (h) Penalties.--Section 9 of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1908) is amended--
            (1) in subsection (a) by inserting ``Annex IV to the 
        Antarctic Protocol,'' immediately after ``MARPOL Protocol,'';
            (2) in subsection (b) by inserting ``Annex IV to the 
        Antarctic Protocol,'' immediately after ``MARPOL Protocol,'' 
        any place it appears;
            (3) in subsection (d) by inserting ``Annex IV to the 
        Antarctic Protocol,'' immediately after ``MARPOL Protocol,'';
            (4) in subsection (e) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' immediately after ``MARPOL Protocol''; 
        and
            (5) in subsection (f) by inserting ``or to the Antarctic 
        Protocol'' immediately after ``MARPOL Protocol'' each place it 
        appears.

SEC. 17. AMENDMENT TO ANTARCTIC PROTECTION ACT OF 1990.

    Section 4 of the Antarctic Protection Act of 1990 (16 U.S.C. 2463) 
is amended by striking ``Pending'' and all that follows through 
``activities, it'' and inserting in lieu thereof ``It''.

SEC. 18. RELATION TO EXISTING TREATIES, STATUTES, REGULATIONS, AND 
              PERMITS.

    (a) In General.--Except as provided in subsection (b), nothing in 
this Act shall be construed as contravening or superseding--
            (1) any international treaty, convention, or agreement, if 
        such treaty, convention, or agreement is in force with respect 
        to the United States on the date of enactment of this Act; or
            (2) any statute which implements any such treaty, 
        convention, or agreement.
    (b) Repeal.--The Antarctic Conservation Act of 1978 (16 U.S.C. 2401 
et seq.) is repealed.
    (c) Savings Provisions.--(1) Nothing in this Act shall affect the 
authority of the Director--
            (A) to support basic research investigations of the 
        Antarctic environment to understand globally important 
        processes; and
            (B) to operate, in accordance with this Act, United States 
        facilities, bases, and stations in Antarctica.
    (2) All regulations issued under the Antarctic Conservation Act of 
1978 (16 U.S.C. 2401 et seq.) shall remain in effect until superseded 
by regulations promulgated under section 9 of this Act, or by revised 
regulations promulgated under the Act to Prevent Pollution from Ships, 
as amended by section 16 of this Act; except that if the regulations 
issued under the Antarctic Conservation Act of 1978 are inconsistent 
with the Protocol or have been superseded by the provisions of this 
Act, the Protocol and this Act shall control.
    (3) All permits issued under the Antarctic Conservation Act of 1978 
(16 U.S.C. 2401 et seq.) shall remain in effect until they expire in 
accordance with the terms of those permits.

SEC. 19. REPORT TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, the 
Director shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Merchant Marine and 
Fisheries of the House of Representatives a report on the 
implementation of the Protocol and this Act.

                                 <all>

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