163 
(B) recommendations related to the value 
of expanding the network of secure computing 
enclaves; and 
(C) recommendations on the efficacy of the 
use of secure computing enclaves by other Fed-
eral agencies in a broader effort to expand se-
curity of Federal research. 
SEC. 510. DEFINITIONS. 
In this title, unless expressly provided otherwise: 
(1) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the National Science Foundation. 
(2) FEDERAL
SCIENCE
AGENCY.—The term 
‘‘Federal science agency’’ has the meaning given the 
term in section 103 of the America COMPETES 
Reauthorization Act of 2010 (42 U.S.C. 6623). 
(3) FOUNDATION.—The term ‘‘Foundation’’ 
means the National Science Foundation. 
(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
TITLE VI—STEM WORKFORCE 
FOR THE 21ST CENTURY 
SEC. 601. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
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(1) Many reports over the past decade have 
found that it is critical to our Nation’s economic 
leadership and global competitiveness that the 
United States educates and trains more scientists 
and engineers. 
(2) According to the National Science Board’s 
Science and Engineering Indicators, the science and 
engineering workforce has grown faster over time 
than the workforce overall and now represents 5 per-
cent of all United States jobs, with a median salary 
more than double that of non-science and engineer-
ing occupations. 
(3) According to Bureau of Labor Statistics 
projections, the faster growth in STEM employment 
relative to overall employment is expected to con-
tinue, and the United States will need one million 
additional STEM professionals than it is on track to 
produce in the coming decade. 
(4) A recent report by ACT, the scholastic test-
ing service, found that only 20 percent of United 
States students in the 2016 ACT-tested high school 
graduating class were ready for first-year STEM 
college courses. 
(5) Out of the 70 countries that participate in 
the Organisation for Economic Co-operation and De-
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velopment’s Programme for International Student 
Assessment, the United States ranks 25th in science 
and 40th in mathematics. 
(6) The Federal Government spends over $3 
billion annually on STEM education related re-
search, programs and activities, but encouraging 
STEM education activities beyond the scope of the 
Federal Government is crucial to the future tech-
nical and economic competitiveness of the United 
States. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Nation’s future economic and national 
security relies on building a STEM-capable work-
force in order to remain competitive in the global 
economy, foster greater innovation, and provide a 
foundation for shared prosperity; 
(2) the Federal Government plays a key role in 
developing and sustaining a STEM-capable work-
force by working with stakeholders at all levels, in-
cluding researchers, practitioners, industry, and 
State and local governments to support and promote 
evidence-based approaches; 
(3) applying a more holistic view of the STEM 
workforce that moves beyond academic degrees and 
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occupations will highlight the contributions and op-
portunities for workers at all education levels; 
(4) increasing the diversity and inclusion in the 
STEM workforce is needed to help address the 
STEM skills shortage; 
(5) supporting an interdisciplinary approach to 
STEM learning, where academic concepts are cou-
pled with real-world applications and students use 
STEM in contexts that make connections between 
school, community, work, and the wider world will 
improve outcomes for students in elementary, sec-
ondary and post-secondary education and for skilled 
technical workers in different career stages; 
(6) leveraging private and nonprofit invest-
ments in STEM education will be essential to 
strengthening the Federal STEM portfolio; and 
(7) coordinating STEM programs and activities 
across the Federal Government in order to limit du-
plication and engage stakeholders in STEM pro-
grams and related activities for which objective out-
comes can be measured will bolster results of Fed-
eral STEM education programs, improve the return 
on taxpayers’ investments in STEM education pro-
grams, and in turn strengthen the United States 
economy. 
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SEC. 
602. 
ADVANCED 
TECHNICAL 
EDUCATION 
AND 
SKILLED TECHNICAL WORKFORCE. 
(a) FINDINGS.—Congress finds the following: 
(1) A National Academies of Science, Engineer-
ing, and Medicine report predicts a shortfall of near-
ly 3,400,000 skilled technical workers by 2022. 
(2) The National Science Foundation’s Ad-
vanced Technical Education program is critical to 
helping improve the training of the skilled technical 
workforce, with an emphasis on two-year Institutions 
of Higher Education (IHEs) and educating techni-
cians for the high-technology fields that drive our 
nation’s economy. 
(3) The National Science Board’s 2019 report 
on the skilled technical workforce called for 
strengthening partnerships between skilled technical 
workforce programs and business and industry. 
(b) ADVANCED TECHNICAL EDUCATION PROGRAM 
UPDATE.—Section 3(b) of the Scientific and Advanced- 
Technology Act of 1992 (42 U.S.C. 1862i(b)) is amended 
to read as follows: 
‘‘(b) NATIONAL
COORDINATION
NETWORK
FOR 
SCIENCE
AND TECHNICAL EDUCATION.—The Director 
shall award grants to institutions of higher education, 
nonprofit institutions, associate-degree granting colleges 
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(or consortia thereof) to establish a network of centers for 
science and technical education. The centers shall— 
‘‘(1) coordinate research, training and edu-
cation activities funded by awards under subsection 
(a) and share information and best practices across 
the network of awardees; 
‘‘(2) serve as national and regional clearing-
house and resource to communicate and coordinate 
research, training and educational activities across 
disciplinary, organizational, geographic and inter-
national boundaries and disseminate best practices; 
and 
‘‘(3) develop national and regional partnerships 
between K–12 schools, two-year colleges, institutions 
of higher education, workforce development pro-
grams, and industry to meet workforce needs.’’. 
(c) NSF PORTFOLIO REVIEW AND COORDINATION 
PLAN.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Director of 
the National Science Foundation shall conduct a full 
portfolio analysis of the Foundation’s skilled tech-
nical workforce investments and develop a plan to 
improve coordination and collaboration of research 
and education investments and the communication 
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of those funding opportunities to the research and 
education community. 
(2) SUBMISSION TO CONGRESS.—Not later than 
180 days after the date of the review and develop-
ment of the plan under paragraph (1) is complete, 
the Director of the National Science Foundation 
shall submit to Congress and make widely available 
to the public a summary of the portfolio review and 
plan. 
SEC. 603. GRADUATE RESEARCH FELLOWSHIP PROGRAM 
UPDATE. 
(a) FINDINGS.—Congress finds the following: 
(1) The National Science Foundation Graduate 
Research Fellowship Program is the nation’s oldest 
fellowship program that directly supports American 
graduate students in various STEM fields and is a 
model for training the best innovators in the United 
States. 
(2) Since 1952, NSF has funded over 50,000 
Graduate Research Fellowships out of more than 
500,000 applicants, 42 Fellows have gone on to be-
come Nobel laureates, and more than 450 have be-
come members of the National Academy of Sciences. 
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(3) Foreign nations are increasingly investing 
in foreign talent programs to compete with the 
United States. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the National Science Foundation should grow 
the number of new graduate research fellows supported 
annually over the next 10 years to no less than 2,500 fel-
lows. 
(c) PROGRAM UPDATE.—Section 10 of the National 
Science Foundation Act of 1950 (42 U.S.C. 1869) is 
amended— 
(1) in subsection (a), by inserting ‘‘and as will 
address national workforce demand in critical STEM 
fields’’ after ‘‘throughout the United States’’; 
(2) in subsection (b), by striking ‘‘of $12,000’’ 
and inserting ‘‘sufficient to cover full tuition and 
mandatory fees’’; and 
(3) by adding at the end the following: 
‘‘(c) OUTREACH.—The Director shall ensure program 
outreach to recruit fellowship applicants from fields of 
study that are in areas of critical national need, from all 
regions of the country, and from historically underrep-
resented populations in STEM.’’. 
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SEC. 604. ROBERT NOYCE TEACHER SCHOLARSHIP PRO-
GRAM SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the Robert Noyce Teacher Scholarship Pro-
gram plays an important role in supporting the de-
velopment and dissemination of evidence-based 
teacher preparation models and the recruitment, 
preparation, and retention of STEM educators; 
(2) the Robert Noyce Teacher Scholarship Pro-
gram improves recruitment of underrepresented and 
STEM-trained students into teaching, encourages 
teachers to work in high-need areas, and can im-
prove relationships between teacher preparation pro-
grams and industry; and 
(3) the Robert Noyce Teacher Scholarship Pro-
gram which currently supports between 1,000 to 
1,500 new math and science teachers a year, includ-
ing in high-need districts should be doubled over the 
next ten years to meet the growing demand for 
STEM capable educators. 
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TITLE VII—ANTARCTIC SCIENCE 
AND 
CONSERVATION 
MOD-
ERNIZATION 
Subtitle A—Antarctic Nongovern-
mental 
Activity 
Preparedness 
Act 
SEC. 701. CONGRESSIONAL FINDINGS AND DECLARATION 
OF PURPOSE. 
(a) FINDINGS.—The Congress finds that— 
(1) for over half a century, scientific investiga-
tion and environmental protection has been the prin-
cipal activity of the Federal Government and United 
States citizens in Antarctica; 
(2) the National Science Foundation funds and 
manages the United States Antarctic Program, the 
national program of scientific research in Antarctica, 
together with associated logistical support activities, 
infrastructure, as well as broad environmental stew-
ardship responsibilities in Antarctica; 
(3) land- and ship-borne tourism in Antarctica, 
including tourism that United States-based compa-
nies organize or originate, continues to increase at 
a significant rate; 
(4) achievement of the United States Antarctic 
Program scientific objectives requires the full com-
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mitment of the operational and logistics capabilities 
of the Program; 
(5) long-standing United States policy regard-
ing private non-governmental expeditions to Antarc-
tica has been not to offer support or other services 
to private expeditions in Antarctica, and, instead, to 
encourage complete operational and financial self- 
sufficiency on the part of non-governmental expedi-
tions to Antarctica; 
(6) in limited emergency situations the United 
States may attempt, at its discretion and in accord-
ance with international law and humanitarian prin-
ciples, the rescue of private individuals provided that 
no unacceptable risks are posed to United States 
personnel and the rescue can be accomplished by the 
United States within locally available means; 
(7) increased tourism and other non-govern-
mental activities could result in additional health 
and safety, search and rescue, medical care and 
evacuation costs. These costs could increase the fi-
nancial burden on the United States Antarctic Pro-
gram, increase the risks to the safety of those in-
volved in search and rescue, and jeopardize scientific 
objectives through the diversion of resources; and 
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(8) in recognition of the growing potential for 
additional costs to be imposed on national Antarctic 
programs, the Antarctic Treaty Consultative Parties, 
including the United States, adopted Measure 4 
(2004), ‘‘Insurance and Contingency Planning for 
Tourism and Non-Governmental Activities in the 
Antarctic Treaty Area’’. Measure 4 (2004), after it 
takes effect, will require the Parties to impose oper-
ational and financial self-sufficiency requirements on 
non-governmental persons organizing expeditions to 
Antarctica organized in or proceeding from their 
country. 
(b) PURPOSE.—The purpose of this subtitle is to im-
plement Measure 4 (2004), ‘‘Insurance and Contingency 
Planning for Tourism and Non-Governmental Activities in 
the Antarctic Treaty Area’’. 
SEC. 702. DEFINITIONS. 
For purposes of this subtitle: 
(1) The term ‘‘Antarctica’’ means the area 
south of 60 degrees south latitude. 
(2) The term ‘‘Director’’ means the Director of 
the National Science Foundation. 
(3) The term ‘‘expedition’’ means an activity 
undertaken by one or more non-governmental per-
sons organized within or proceeding from the United 
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States to or within Antarctica for which advance no-
tification is required under Paragraph 5 of Article 
VII of the Antarctic Treaty. The term ‘‘expedition’’ 
does not include fishing activities or the operation of 
fishing vessels. 
(4) The term ‘‘person’’ has the meaning given 
that term in section 1 of title 1, United States Code, 
and includes any person subject to the jurisdiction 
of the United States except that the term does not 
include any department, agency, or other instrumen-
tality of the Federal Government. 
SEC. 703. OBLIGATION OF PERSONS ORGANIZING EXPEDI-
TIONS TO PREPARE CONTINGENCY PLANS 
AND OBTAIN INSURANCE. 
(a) Persons organizing expeditions shall— 
(1) prepare and establish appropriate contin-
gency plans and sufficient arrangements for health 
and safety, search and rescue, medical care and 
evacuation of persons engaged in an expedition; 
(2) obtain adequate insurance or other financial 
arrangements to cover all costs associated with 
search and rescue and medical care and possible 
evacuation of any persons engaged in an expedition; 
and 
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(3) establish or obtain the contingency plans, 
arrangements and insurance or other financial ar-
rangements referred to in this subsection prior to 
the date on which an expedition commences. 
(b) The contingency plans and other arrangements 
referred to in subsection (a) shall not rely on support from 
national Antarctic programs or other agencies of govern-
ments conducting research or other activities in Antarctica 
without their express written agreement. 
SEC. 704. CERTIFICATION OF COMPLIANCE. 
(a) Persons organizing expeditions shall submit to the 
Director a written certification that confirms its compli-
ance with the requirements of section 703 of this subtitle, 
including a statement that all such plans, arrangements 
and insurance or other financial arrangements meet all 
applicable international and domestic legal and regulatory 
requirements as well as clearly established industry stand-
ards. 
(b) Any certification filed pursuant to subsection (a) 
of this section shall contain an acknowledgment that any 
knowing and willful false statement made in such certifi-
cation is punishable under section 1001 of title 18, United 
States Code, by fine or imprisonment of not more than 
5 years, or both. The Director may refer potential viola-
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tions of section 1001 of such title to the Department of 
Justice for criminal prosecution, as appropriate. 
SEC. 705. COSTS AND ADMINISTRATIVE FEES. 
(a) If any person organizing an expedition receives 
any services covered by this subtitle from any department, 
agency, or instrumentality of the Federal Government, or 
contractors working in support of such entities, absent an 
express written agreement for such services with the Na-
tional Science Foundation, the Director may assess the 
costs, direct and indirect, of any such services incurred 
by the National Science Foundation, its contractors, or 
other department, agency or instrumentality of the Fed-
eral Government, including all reasonable attorney’s fees 
and costs associated with the collection of such sums. The 
Director may request the Attorney General to initiate a 
civil action for the recovery of such costs. The National 
Science Foundation is authorized to retain all monies col-
lected pursuant to this subsection and shall distribute such 
monies to any department, agency or instrumentality of 
the Federal Government to the extent non-reimbursed 
costs were actually incurred by those entities. Such monies 
shall remain available for expenditure, without further ap-
propriation, until expended. 
(b) Beginning in fiscal year 2014 and thereafter, the 
Director may establish, modify, charge, and collect admin-
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istrative fees for the administration of the requirements 
of this subtitle. The National Science Foundation is au-
thorized to retain all monies collected pursuant to this sec-
tion. Such monies shall remain available for expenditure, 
without further appropriation, until expended. 
SEC. 706. FOREIGN EXPEDITIONS. 
A person organizing an expedition shall not be re-
quired to comply with the provisions of this subtitle if the 
Secretary of State determines at any time, in writing, that 
another Party to the Antarctic Treaty has jurisdiction 
over that expedition and is exercising its authority with 
regard to that expedition. However, to the extent the Na-
tional Science Foundation, its contractors, or other de-
partment, agency or instrumentality of the Federal Gov-
ernment incurs direct or indirect costs relating to services 
covered by this subtitle for an expedition, those costs re-
main recoverable against persons subject to the jurisdic-
tion of the United States pursuant to section 705. 
SEC. 707. CIVIL PENALTIES. 
(a) ASSESSMENT OF PENALTIES.—Any person orga-
nizing an expedition that the Director determines, after 
notice and an opportunity for a hearing, to have failed 
to comply with the requirements of this subtitle, or its im-
plementing regulations, shall be liable to the United States 
for a civil penalty. The amount of the civil penalty shall 
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not exceed $125,000 for each violation unless the prohib-
ited act was knowingly committed, in which case the 
amount of the civil penalty shall not exceed $250,000 for 
each violation. Each day an expedition remains in Antarc-
tica without complying with the requirements of this sub-
title shall constitute a separate offense for penalty pur-
poses. The amount of any civil penalty shall be assessed 
by the Director by written notice. Any civil penalty as-
sessed under this subsection may be remitted or mitigated 
by the Director. 
(b) HEARINGS.—Hearings for the assessment of civil 
penalties under subsection (a) shall be conducted in ac-
cordance with section 554 of title 5, United States Code. 
For the purposes of conducting any such hearing, the Di-
rector may issue subpoenas for the attendance and testi-
mony of witnesses and the production of relevant papers, 
books, and documents, and may administer oaths. Wit-
nesses summoned shall be paid the same fees and mileage 
that are paid to witnesses in the courts of the United 
States. In case of contumacy 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 
such person is found, resides, or transacts business, upon 
application by the United States and after notice to such 
person, shall have jurisdiction to issue an order requiring 
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such person to appear and give testimony before the Di-
rector or to appear and produce documents before the Di-
rector, or both, and any failure to obey such order of the 
court may be punished by such court as a contempt there-
of. 
(c) REVIEW.—Upon the failure of any person against 
whom a civil penalty is assessed under subsection (a) of 
this section to pay such penalty, the Director may request 
the Attorney General to institute a civil action in a district 
court of the United States for any district in which such 
person is found, resides, or transacts business to collect 
the penalty and such court shall have jurisdiction to hear 
and decide any such action. The court shall hear such ac-
tion on the record made before the Director and shall sus-
tain the decision of the Director if it is supported by sub-
stantial evidence on the record considered as a whole. 
(d) PENALTIES UNDER OTHER LAWS.—The assess-
ment of a civil penalty under subsection (a) of this section 
for any act shall not be deemed to preclude the assessment 
of a civil penalty for such act under any other law. 
SEC. 708. REGULATIONS. 
The Director may prescribe such regulations as may 
be appropriate to implement and enforce the provisions 
of this subtitle. 
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SEC. 709. EFFECTIVE DATE. 
This subtitle shall take effect 180 days after enact-
ment. 
Subtitle 
B—Antarctic 
Environ-
mental Liability Act of 2020 
SEC. 711. SHORT TITLE. 
This subtitle may be cited as the ‘‘Antarctic Environ-
mental Liability Act of 2020’’. 
SEC. 712. PURPOSE. 
The purpose of this subtitle is to implement Annex 
VI to the Protocol on Environmental Protection to the 
Antarctic Treaty, ‘‘Liability Arising From Environmental 
Emergencies’’. 
SEC. 713. IMPLEMENTING AMENDMENTS. 
(a) IN GENERAL.—The Antarctic Conservation Act 
of 1978 (16 U.S.C. 2401 et seq.) is amended— 
(1) in section 3, by striking ‘‘and’’ at the end 
of paragraph (22), striking the period at the end of 
paragraph (23) and inserting a semicolon, and by 
adding at the end the following: 
‘‘(24) the term ‘Annex VI’ means Annex VI to 
the Protocol on Environmental Protection to the 
Antarctic Treaty, Liability Arising From Environ-
mental Emergencies; 
‘‘(25) the term ‘environmental emergency’ 
means any event that occurs after the entry into 
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force of Annex VI, and that results in, or immi-
nently threatens to result in, any significant and 
harmful impact on the Antarctic environment; 
‘‘(26) the term ‘nongovernmental operator’ 
means any operator other than a governmental oper-
ator or a contractor or subcontractor acting on be-
half of any governmental operator; 
‘‘(27) the term ‘operator’ means any person 
who organizes activities (including tourist activities) 
in the United States to be carried out in Antarctica, 
and any person who organizes activities (including 
tourist activities) in a country other than the United 
States to be carried out in Antarctica if such person 
has its principal place of business or habitual place 
of residence in the United States, or is incorporated 
in the United States, except that the term operator 
does not include— 
‘‘(A) an individual who is an employee, 
contractor, subcontractor, or agent of, or who is 
in the service of, a person who organizes activi-
ties to be carried out in Antarctica; 
‘‘(B) a contractor or subcontractor acting 
on behalf of any governmental operator; or 
‘‘(C) any person who organizes only fishing 
activities to be carried out in Antarctica; 
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‘‘(28) the term ‘reasonable’, as applied to ‘pre-
ventative measures’ and ‘response action’, means 
measures or actions which are appropriate, prac-
ticable, proportionate and based on the availability 
of objective criteria and information, including— 
‘‘(A) risks to the Antarctic environment, 
and the rate of its natural recovery; 
‘‘(B) risks to human life and safety; and 
‘‘(C) technological and economic feasibility; 
and 
‘‘(29) the term ‘response action’ means reason-
able measures taken after an environmental emer-
gency has occurred to avoid, minimize or contain the 
impact of that environmental emergency, which to 
that end may include clean-up in appropriate cir-
cumstances, and includes determining the extent of 
that emergency and its impact, except that for pur-
poses of this Act, the definition of ‘response’ con-
tained in section 101(25) of the Comprehensive En-
vironmental Response, Compensation, and Liability 
Act (42 U.S.C. 9601(25)) shall not apply.’’; 
(2) by inserting after section 4A the following: 
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‘‘(3) identification and mobilization of re-
sources; 
‘‘(4) response plans; 
‘‘(5) training; 
‘‘(6) recordkeeping; and 
‘‘(7) demobilization. 
‘‘SEC. 4D. RESPONSE ACTION. 
‘‘An operator shall take prompt and effective re-
sponse action to environmental emergencies arising from 
the activities of that operator.’’; 
(3) by inserting after section 6 the following: 
‘‘SEC. 6A. LIABILITY OF NONGOVERNMENTAL OPERATORS. 
‘‘(a) LIABILITY.—Whenever, on the basis of informa-
tion available to it, a Government of a State Party to 
Annex VI, other than the United States— 
‘‘(1) finds that a nongovernmental operator has 
failed to take prompt and effective response action 
to an environmental emergency arising from that op-
erator’s activities, as required by section 4D, and 
‘‘(2) said Government takes a response action 
to that environmental emergency, such Government 
may bring a civil action against that operator to re-
cover the costs of such response action in an appro-
priate district court in accordance with section 12. 
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Any such operator found to have violated the requirements 
of section 4D shall be liable to pay to that Government 
the costs of the response action taken by such Govern-
ment. 
‘‘(b) FAILURE TO COMPLY.—Failure of a Govern-
ment to comply with the provisions of Article 5, para-
graphs 3, 4, or 5 of Annex VI shall not be a defense to 
liability under this section. 
‘‘(c) STRICT LIABILITY.—Liability pursuant to sub-
sections (a), (e), (k), and (l) shall be strict. 
‘‘(d) JOINT LIABILITY.—When an environmental 
emergency arises from the activities of two or more non-
governmental operators, they shall be jointly and severally 
liable under subsection (a), (k), or (l), except that an oper-
ator which establishes that only part of the environmental 
emergency resulted from its activities shall be liable in re-
spect of that part only. 
‘‘(e) CLAIMS.—Any nongovernmental operator may 
seek contribution from any other nongovernmental oper-
ator that is liable or potentially liable under section 2406 
of this title. Such claims shall be brought in accordance 
with this section and the Federal Rules of Civil Procedure, 
and shall be governed by Federal law. In resolving con-
tribution claims, the court may allocate response costs 
among liable parties using such equitable factors as the 
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court determines are appropriate. Nothing in this sub-
section shall diminish the right of any person to bring an 
action for contribution in the absence of a civil action 
under subsection (a), (k), or (l) of section 7. 
‘‘(f) 
PERIOD
IN
WHICH
ACTIONS
MAY
BE 
BROUGHT.— 
‘‘(1) RESPONSE PERIOD.—An action under sec-
tion 7(a) or (k) of this title must be commenced 
within three years of the commencement of the re-
sponse action or within three years of the date on 
which the Government bringing the action knew or 
ought reasonably to have known the identity of the 
nongovernmental operator, whichever is later. In no 
event shall an action against a nongovernmental op-
erator be commenced later than 15 years after the 
commencement of the response action. 
‘‘(2) COST
RECOVERY
PERIOD.—An action 
under section 7(e) of this title for contribution to-
ward costs incurred pursuant to section 7(a) or (b) 
must be commenced within three years of the date 
of judgment in any action under section 7(a) or (k) 
for recovery of such response costs or in the absence 
of such an action, within three years of the date that 
the person seeking contribution knew or ought rea-
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sonably to have known the identity of the nongovern-
mental operator. 
‘‘(3) COST CONTRIBUTION PERIOD.—An action 
under section 7(e) for contribution toward response 
costs assessed pursuant to section 7(l) must be com-
menced within three years of the date of the assess-
ment or within three years of the date of any judg-
ment under subsection 7(l)(vii), whichever is later. 
‘‘(g) LIABILITY COST LIMIT.—The maximum amount 
for which each nongovernmental operator may be liable 
for the costs of response actions under sections 7(a), 7(k), 
or 7(l), in respect of each environmental emergency, shall 
be as follows: 
‘‘(1) For an environmental emergency arising 
from an event involving a ship: 
‘‘(A) one million SDR for a ship with a 
tonnage not exceeding 2,000 tons; and 
‘‘(B) for a ship with a tonnage in excess of 
2,000 tons, the following amount in addition to 
that referred to in subparagraph (A): 
‘‘(i) for each ton from 2,001 to 
30,000 tons, 400 SDR; 
‘‘(ii) for each ton from 30,001 to 
70,000 tons, 300 SDR; and 
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‘‘(iii) for each ton in excess of 70,000 
tons, 200 SDR. 
‘‘(2) For an environmental emergency arising 
from an event which does not involve a ship, three 
million SDR. 
‘‘(3) For the purposes of this subsection: 
‘‘(A) ‘ship’ means a vessel of any type 
whatsoever operating in the marine environ-
ment and includes hydrofoil boats, air-cushion 
vehicles, submersibles, floating craft and fixed 
or floating platforms; 
‘‘(B) ‘SDR’ means the Special Drawing 
Rights as defined by the International Mone-
tary Fund; and 
‘‘(C) a ship’s tonnage shall be the gross 
tonnage calculated in accordance with the ton-
nage measurement rules contained in Annex I 
of the International Convention on Tonnage 
Measurement of Ships, 1969. 
‘‘(h) EXCEPTION.—Notwithstanding the provisions of 
subsection (g), liability shall not be limited if it is proved 
that the environmental emergency resulted from an act or 
omission of the operator, committed with the intent to 
cause such emergency, or recklessly and with knowledge 
that such emergency would probably result. 
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‘‘(i) EXCEPTION.—A nongovernmental operator shall 
not be liable pursuant to subsection (a), subsection (e), 
subsection (k), or subsection (l) if it proves that the envi-
ronmental emergency was caused by— 
‘‘(1) an act or omission necessary to protect 
human life or safety; 
‘‘(2) an event constituting in the circumstances 
of Antarctica a natural disaster of an exceptional 
character, which could not have been reasonably 
foreseen, either generally or in the particular case, 
provided all reasonable preventative measures were 
taken that are designed to reduce the risk of envi-
ronmental emergencies and their potential adverse 
impact; 
‘‘(3) an act of terrorism by some other person 
or entity; or 
‘‘(4) an act of belligerency by some other per-
son or entity against the activities of the operator. 
‘‘(j) INSURANCE REQUIREMENT.—Nongovernmental 
operators shall maintain adequate insurance or other fi-
nancial security, such as the guarantee of a bank or simi-
lar financial institution, to cover liability under section 7 
of this title up to the limits set forth in subsection (g). 
‘‘(k) CIVIL ACTION.—Whenever, on the basis of infor-
mation available to it, a department, agency or other in-
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strumentality of the United States (i) finds that a non-
governmental operator has failed to take prompt and ef-
fective response action to an environmental emergency 
arising from its activities, as required by section 4D, and 
(ii) takes a response action to that environmental emer-
gency, such department, agency or other instrumentality 
may request the Attorney General to bring a civil action 
to recover the costs of such response action in an appro-
priate district court in accordance with section 12 of this 
title. Any such operator found to have violated the require-
ments of section 4D shall be liable to the United States 
for the costs of the response action taken by said depart-
ment, agency or instrumentality. The department, agency, 
or other instrumentality of the United States that takes 
a response action under this subsection, or section 9(a), 
is authorized to retain, in its budget, the monies collected 
pursuant to this subsection. Such monies shall remain 
available for expenditure, without further appropriation, 
until expended by that department, agency or other instru-
mentality. 
‘‘(l) NOTIFICATION.—Upon notice that a nongovern-
mental operator has failed to take prompt and effective 
response action to an environmental emergency arising 
from its activities, as required by section 4D, and no re-
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sponse action was taken by any Party to the Protocol, the 
following procedures shall be followed: 
‘‘(1) The Director, after notice and opportunity 
for a hearing in accordance with subsection (l)(ii), 
shall assess the cost of the response action that 
should have been taken and may assess the reason-
able costs incurred by the United States under this 
subsection to determine that cost. The Director is 
authorized to promulgate regulations to implement 
this subsection. 
‘‘(2) Hearings for the assessment of the costs 
under subsection (l)(i) shall be conducted in accord-
ance with section 554 of title 5, United States Code. 
For the purposes of conducting any such hearing, 
the Director may issue subpoenas for the attendance 
and testimony of witnesses and the production of 
relevant papers, books, and documents, and may ad-
minister 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 contu-
macy 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 such 
person is found, resides, or transacts business, upon 
application by the United States and after notice to 
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193 
such person, shall have jurisdiction to issue an order 
requiring such person to appear and give testimony 
before the Director or to appear and produce docu-
ments before the Director and any failure to obey 
such order of the court may be punished by such 
court as a contempt thereof. 
‘‘(3) Response action costs assessed pursuant to 
this section shall reflect, as much as possible, the 
costs of the response action that should have been 
taken and the maximum recovery amount of those 
costs shall be as set forth in subsection (g). Further, 
the assessment of response action costs pursuant to 
this section shall not be deemed to preclude the as-
sessment of additional civil or criminal penalties for 
violations of any other provision of this Chapter or 
any other law. 
‘‘(4) At the request of the Director, and with 
the concurrence of the Secretary of the Department 
in which the Coast Guard is operating, the Com-
mandant of the Coast Guard shall— 
‘‘(A) render, on a non-reimbursable basis, 
such assistance that the Director may require, 
necessary to assess the cost of response action 
that should have been taken in the case of an 
environmental emergency caused by the opera-
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194 
tor’s ship-based activities, including any deter-
mination concerning the underlying response 
activity; and 
‘‘(B) conduct, on a non-reimbursable basis, 
an investigation or an evidentiary hearing, nec-
essary to assess the cost of the response action 
that should have been taken in the case of an 
environmental emergency caused by the opera-
tor’s ship-based activities, including any deter-
mination concerning the underlying response 
activity and to submit to the Director proposed 
findings of fact and recommendations for adju-
dication by the Director. 
‘‘(5) With regard to any investigation or evi-
dentiary hearing conducted pursuant to clause (iv), 
the Director is authorized to delegate, to the Com-
mandant, the authority, set forth in clause (ii), to 
issue subpoenas and administer oaths, and to pay 
fees and mileage. In case of contumacy or refusal to 
obey a subpoena served upon any person pursuant to 
this clause, the district court of the United States 
for any district in which such person is found, re-
sides, or transacts business, upon application by the 
United States and after notice to such person, shall 
have jurisdiction to issue an order requiring such 
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person to appear and give testimony before the 
agency head or to appear and produce documents 
before the agency head, and any failure to obey such 
order of the court may be punished by such court as 
a contempt thereof. 
‘‘(6) The Director shall not commence an ad-
ministrative proceeding in accordance with clauses 
(i) and (ii) of this section later than 15 years after 
the United States Government becomes aware of the 
environmental emergency. 
‘‘(7) Upon the failure of any operator against 
whom costs have been assessed under this section to 
pay such costs, the Director may request the Attor-
ney General to institute a civil action in a district 
court of the United States for any district in which 
such person is found, resides, or transacts business 
to collect the costs and such court shall have juris-
diction to hear and decide any such action. The 
court shall hear such action on the record made be-
fore the Director pursuant to this section and shall 
sustain the Director’s decision if it is supported by 
substantial evidence on the record considered as a 
whole. 
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‘‘(m) FEES.—Any monetary recovery under sub-
sections (a), (k) and (l) shall, in addition, include all rea-
sonable attorney’s fees and costs. 
‘‘(n) ARTICLE 12 FUND.—An amount equal to the 
amount recovered pursuant to section (1) for the cost of 
the response action that should have been taken shall be 
forwarded to the fund established pursuant to Article 12 
of Annex VI. 
‘‘(o) EXPENDITURE.—To the extent the department, 
agency, or other instrumentality of the United States re-
tains monies collected pursuant to this section, such entity 
is authorized to retain, in its budget, the monies collected 
pursuant to this section. Such monies shall remain avail-
able for expenditure, without further appropriation, until 
expended by that department, agency or other instrumen-
tality of the United States.’’; 
(4) in section 6— 
(A) in subsection (a)— 
(i) by striking ‘‘Annex II and Annex 
V’’ and inserting ‘‘Annex II, Annex V and 
Annex VI’’; and 
(ii) by striking ‘‘including sections 
4(b)(2), (3), (4) and (5)’’ and inserting 
‘‘including section 3, section 4(b)(2), (3), 
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(4) and (5), section 4D and section 7’’; 
and 
(B) in subsection (b), by striking ‘‘to im-
plement Annex IV to the Protocol and the pro-
visions of this Act which implement that 
Annex’’ and inserting ‘‘to implement Annex IV 
and ship-based matters under Annex VI to the 
Protocol and the provisions of this Act which 
implement these Annexes’’; 
(5) in section 9— 
(A) in subsection (a) by adding ‘‘other 
than a Federal department, agency or instru-
mentality’’ after ‘‘person’’; and 
(B) by striking ‘‘$5,000’’ and inserting 
‘‘$10,000’’; 
(6) in section 11— 
(A) by striking the section heading and in-
serting 
‘‘JURISDICTION
OF
FEDERAL 
COURTS; VENUE, REVIEW
OF
REGULA-
TIONS; SERVICE OF PROCESS’’; 
(B) by inserting ‘‘(a) U.S. DISTRICT 
COURTS.—’’ before ‘‘The district courts of the 
United States shall have exclusive jurisdiction 
over any case or controversy arising under the 
provisions of this chapter or of any regulation 
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198 
prescribed, or permit issued, under this chap-
ter.’’; and 
(C) by adding the following subsections at 
the end of the section: 
‘‘(b) JURISDICTION.—An action by any Government 
of a State Party to Annex VI, including the United States, 
against any person subject to legal action under this chap-
ter may be brought only in a district court in a jurisdiction 
where such person is located or resides or is doing busi-
ness. A claim for contribution by a nongovernmental oper-
ator under section 2406(e) of this title may be brought 
in any district in which the defendant resides, may be 
found, or has his principal office. 
‘‘(c) LIMITATION.—In any action brought under sec-
tion 2406 of this title, process may be served in any dis-
trict where the defendant is found, resides, transacts busi-
ness, or has appointed an agent for the service of proc-
ess.’’. 
SEC. 714. EFFECTIVE DATE. 
This subtitle and the amendments made by this sub-
title shall take effect upon the entry into force of Annex 
VI, except that the amendments made by subsections (f) 
and (g) of section 713 shall take effect immediately upon 
the enactment of this Act. 
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199 
TITLE VIII—TECHNOLOGY 
TRANSFER AND INNOVATION 
SEC. 801. FEDERAL LABORATORY COMPUTER PROGRAMS 
UPDATE. 
(a) UTILIZATION OF FEDERAL TECHNOLOGY UP-
DATE.—Section 11 of the Stevenson-Wydler Technology 
Innovation Act of 1980 (15 U.S.C. 3710) is amended by 
adding at the end the following: 
‘‘(j)(1) COPYRIGHT PROTECTION.—Pursuant to sec-
tion 105(b)(1) of title 17, United States Code, and subject 
to the requirements therein, the director of any Govern-
ment-operated Federal laboratory may seek copyright pro-
tection on behalf of the United States in a work described 
in that section. 
‘‘(2) GUIDELINES.—The Secretary is authorized to 
provide guidelines to implement paragraph (1) of this sec-
tion and to provide guidance for the management of works 
in which copyright protection is obtained.’’. 
(b) GOVERNMENT WORKS COPYRIGHT UPDATE.— 
Section 105 of title 17, United States Code, is amended— 
(1) by striking ‘‘Copyright protection’’ and in-
serting ‘‘(a) Copyright protection’’; and 
(2) by adding at the end the following: 
‘‘(b) Notwithstanding subsection (a), copyright pro-
tection under this title is available for— 
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‘‘(1) a computer program that is a work of the 
United States Government and is created at a Fed-
eral laboratory, as defined in section 4 of the Ste-
venson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3703), and which is a result of research, 
development, or engineering at the Federal labora-
tory, provided that the United States Government 
makes application for copyright registration under 
section 409 pursuant to the authority granted under 
section 11(k) of such Act within 6 months from em-
ployee disclosure of the work to the Federal labora-
tory, and provided further that a certificate of reg-
istration is issued pursuant to section 410 of this 
title or following judicial review pursuant to chapter 
7 of title 5; and 
‘‘(2) standard reference data prepared or made 
available by the Department of Commerce, provided 
the copyright is secured by the Secretary of Com-
merce in the manner set forth in section 6 of the 
Standard Reference Data Act (15 U.S.C. 290e).’’. 
SEC. 802. EXTEND CRADA INFORMATION PROTECTION PE-
RIOD. 
Section 12(c)(7)(B) of the Stevenson-Wydler Tech-
nology 
Innovation 
Act 
of 
1980 
(15 
U.S.C. 
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3710a(c)(7)(B)) is amended by striking ‘‘5’’ and inserting 
‘‘12’’. 
SEC. 803. STEVENSON-WYDLER ACT AUTHORITY UPDATE. 
Section 11 of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710(g)) is amended to 
read as follows: 
‘‘(g) FUNCTIONS
OF SECRETARY.—The Secretary 
shall convene an Interagency Working Group for Tech-
nology Transfer comprising those agencies with at least 
one Federal laboratory to— 
‘‘(1) share best practices for realizing the com-
mercial potential of inventions and methods and op-
tions for commercialization which are available to 
the Federal laboratories, including research and de-
velopment limited partnerships and cooperative re-
search and development agreements; and 
‘‘(2) issue such guidelines as may be necessary 
to carry out this chapter, acting through the Direc-
tor of the National Institute of Standards and Tech-
nology and with the concurrence of the Interagency 
Working Group for Technology Transfer.’’. 
SEC. 804. ROYALTY PAYMENTS TO FEDERAL EMPLOYEES 
UPDATE. 
Section 14 of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710c) is amended— 
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(1) by striking ‘‘inventions’’ each place the term 
appears and inserting ‘‘inventions and other intellec-
tual property’’; 
(2) by striking ‘‘invention’’ each place the term 
appears and inserting ‘‘invention or other intellec-
tual property’’; 
(3) by striking ‘‘inventors’’ each place the term 
appears and inserting ‘‘inventors or contributors’’; 
(4) in subsection (a)(1) after ‘‘shall be’’ insert-
ing ‘‘non-appropriated funds and shall be’’; 
(5) in subsection (a)(1)(A)(i) inserting at the 
end ‘‘, or to the contributor or co-contributors if a 
certificate of copyright registration is issued to the 
United States’’; 
(6) in subsection (a)(1)(A)(ii) after ‘‘inventor 
of’’ inserting ‘‘or contributor to’’; 
(7) in subsection (a)(3) by striking ‘‘inventor’’ 
each place the term appears and inserting ‘‘inventor 
or contributor’’; 
(8) in subsection (a)(3) by striking ‘‘$150,000’’ 
each 
place 
the 
term 
appears 
and 
inserting 
‘‘500,000’’; 
(9) at the end of subsection (a) by inserting the 
following new paragraph: 
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‘‘(5) Any royalties or other payments received by a 
Federal agency from the licensing and assignment of 
works under agreements entered into by Federal labora-
tories under section 12 of this Act, and from the licensing 
of works by Federal laboratories under any provision of 
law shall be retained by the agency licensing or assigning 
the work on behalf of the United States Government and 
shall be disposed of after payment of any copyright reg-
istration cots. The head of the agency is authorized to dis-
pose of such royalties or other payments through transfer 
by the agency to its bureaus or laboratories, with the ma-
jority share of the royalties or other payments from any 
copyright going to the bureau or laboratory where or for 
which the copyrighted work was made. 
‘‘(A) The royalties or other payments so trans-
ferred to any bureau or laboratory may be used or 
obligated by that bureau or laboratory during the 
fiscal year in which they are received or during the 
2 succeeding fiscal years— 
‘‘(i) to reward contributors of copyrighted 
computer programs; 
‘‘(ii) to further information exchange 
among bureaus and laboratories of the agency 
or with another agency; 
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‘‘(iii) for education and training of employ-
ees consistent with the missions and objectives 
of the agency, bureau, or laboratory; 
‘‘(iv) for payment of expenses incidental to 
the administration and licensing of intellectual 
property by the agency or laboratory with re-
spect to copyrighted computer programs made 
at that bureau or laboratory, including the fees 
or other costs for the services of other agencies, 
persons, or organizations for intellectual prop-
erty management and licensing services; or 
‘‘(v) for scientific research and develop-
ment consistent with the research and develop-
ment missions and objectives of the bureau or 
laboratory. 
‘‘(B) All royalties or other payments retained 
by the agency, bureau, or laboratory after payments 
have been made pursuant to subparagraph (A) that 
is unobligated and unexpended at the end of the sec-
ond fiscal year succeeding the fiscal year in which 
the royalties and other payments were received shall 
be paid into the Treasury. 
‘‘(C) As used in the section, the term ‘contrib-
utor’ means a laboratory employee who is a creator 
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205 
of an original expression in a copyrighted computer 
program.’’; and 
(10) in subsection (a)(1)(B)— 
(A) by striking ‘‘; or’’ at the end of clause 
(iv) and inserting a semicolon; 
(B) by striking the period at the end of 
clause (v) and inserting ‘‘; or’’; and 
(C) by inserting at the end the following: 
‘‘(vi) for the acquisition, administra-
tion and licensing of intellectual prop-
erty.’’. 
SEC. 805. GOVERNMENT INTELLECTUAL PROPERTY CLARI-
FICATION. 
Section 15 of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710d) is amended in sub-
section (a) to read as follows: 
‘‘(a) IN GENERAL.— 
‘‘(1) INVENTION
RIGHTS.—The Government 
shall obtain the entire right, title and interest in and 
to all inventions made by any Federal employee— 
‘‘(A) during working hours; 
‘‘(B) with a contribution by the Govern-
ment of facilities, equipment, materials, funds, 
or information, or of time or services of other 
Federal employees on official duty; or 
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‘‘(C) within his or her field of research or 
within his or her official employment responsi-
bility and activity. 
‘‘(2) DISCLOSURE.—Any invention made by a 
Federal employee as described in paragraph (1) shall 
be disclosed by the Federal employee to the agency 
that employs the Federal employee within 10 months 
of the earlier of the date of conception or actual re-
duction to practice of the invention. The Govern-
ment shall obtain the entire right, title, and interest 
in and to any invention conceived or actually re-
duced to practice by a Federal employee that is not 
disclosed to the Government within 10 months from 
the earlier of the date of conception or actual reduc-
tion to practice of the invention. 
‘‘(3) PRESUMPTION.—Any invention made by a 
Federal employee as described in paragraph (1) shall 
be presumed to be owned by the Government, and 
the Federal employee is presumptively obligated to 
assign the entire right, title, and interest in and to 
the invention to the Government. A Federal em-
ployee that disagrees with the presumption of owner-
ship and obligation of assignment may request, from 
the agency employing the Federal employee, a deter-
mination of rights in and to the invention and shall 
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do so within 30 days of the disclosure pursuant to 
paragraph (2). The request shall provide all grounds 
and justification for leaving rights with the Federal 
employee. If the request is not made by the em-
ployee within the 30-day period, the Government 
shall retain all right, title, and interest to the inven-
tion. 
‘‘(4) PATENT
RIGHTS.—If a Federal agency 
which has ownership of or the right of ownership to 
an invention made by a Federal employee does not 
intend to file for a patent application or otherwise 
promote commercialization of such invention, the 
agency shall (upon request) allow the inventor, if the 
inventor is a Federal employee or former employee 
who made the invention during the course of employ-
ment with the Government, to obtain or retain title 
to the invention (subject to reservation by the Gov-
ernment of a nonexclusive, nontransferable, irrev-
ocable, paid-up license to practice the invention or 
have the invention practiced throughout the world by 
or on behalf of the Government). In addition, the 
agency may condition the inventor’s right to title on 
the timely filing of a patent application in cases 
when the Government determines that it has or may 
have a need to practice the invention. 
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‘‘(5) COMPUTER PROGRAM DISCLOSURE.—Any 
computer program that is a work of the United 
States Government and is created at a Federal lab-
oratory within section 105(b)(1) of title 17, United 
States Code, shall be disclosed by the Federal em-
ployee who created such program to the Federal lab-
oratory that employs the Federal employee. 
‘‘(6) AUTHOR RIGHTS.—Any program described 
in paragraph (5) prepared by a Federal employee 
within the scope of his or her employment shall be 
considered a work made for hire and the Govern-
ment shall be the author. A Federal employee who 
discloses as required under paragraph (5) but who 
contests that the Government is the author may re-
quest, from the agency employing the Federal em-
ployee, a determination of rights in and to the pro-
gram and shall do so within 30 days of the disclo-
sure pursuant to paragraph (5). The request shall 
provide all grounds and justification for leaving 
rights with the Federal employee. If the request is 
not made by the Federal employee within the 30-day 
period, the Government shall remain and shall be 
the author of such program. 
‘‘(7) REPORTING EXEMPTION.—Such reporting 
requirements shall not apply to Federal employees 
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‘‘(dd) establish milestones 
and associated award amounts 
for projects that reach mile-
stones; 
‘‘(ee) 
determine 
whether 
awarded projects are reaching 
milestones; and 
‘‘(ff) develop a process to re-
allocate 
outstanding 
award 
amounts from projects that are 
not reaching milestones to other 
projects with more potential. 
‘‘(C) GRANT AND AWARD AMOUNTS.— 
‘‘(i) GRANT AMOUNTS.—Each Federal 
agency required by subparagraph (A) to 
carry out a grant program may make 
grants to a qualifying institution for up to 
$1,000,000 per year for up to 3 years. 
‘‘(ii) AWARD AMOUNTS.—Each quali-
fying institution that receives a grant 
under subparagraph (B) shall provide 
awards for individual projects of not more 
than $150,000, to be provided in phased 
amounts, based on reaching the milestones 
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