degree of pain and suffering practicable), the
area in which it must occur, and the person
who will take the action,’’;
(9) in subsection (e)(1)(A)(iii)—
(A) by striking ‘‘collected’’ both places it
appears and inserting in lieu thereof ‘‘taken’’;
and
(B) by striking the semicolon at the end
and inserting in lieu thereof ‘‘, and’’;
(10) by adding at the end of subsection
(e)(1)(A) the following:
‘‘(iv) the species, numbers, and, if appro-
priate, age and sex of animals and plants of a
nonnative species to be introduced, and the rea-
sons therefor; and the precautions to be taken
to prevent escape or contact with native fauna
and flora;’’;
(11) in subsection (e)(2)(A)—
(A) by striking ‘‘the taking’’ and inserting
in lieu thereof ‘‘a taking or harmful inter-
ference’’;
(B) by inserting ‘‘Antarctic’’ after ‘‘other
than within any’’; and
(C) by striking ‘‘of any native mammal or
native bird (other than a specially protected
species of any such mammal or bird’’;
(12) at the end of subsection (e)(2)(A)(i)(I) by
striking ‘‘or’’;
(13) in subsection (e)(2)(A)(i)(II)—
(A) by striking ‘‘zoological’’ and inserting
in lieu thereof ‘‘herbaria, zoological and botani-
cal’’; and
(B) by striking ‘‘and’’ at the end of the
subclause and inserting in lieu thereof ‘‘or’’;
(14) 
by 
inserting 
a 
new 
subsection
(e)(2)(A)(i)(III) as follows:
‘‘(III) for unavoidable consequences of
scientific activities, or of the construction
and operation of scientific support facili-
ties; and’’;
(15) by striking subsection (e)(2)(A)(ii) and in-
serting in lieu thereof the following:
‘‘(ii) shall ensure that—
‘‘(I) no more native mammals, native
birds, or native plants are taken than are
strictly necessary to meet the purposes set
forth in clause (i),
‘‘(II) only small numbers of native
mammals or native birds are killed and in
no case more native mammals or native
birds are killed from local populations than
can, in combination with other permitted
takings, normally be replaced by natural
reproduction in the following season, and
‘‘(III) the diversity of species, as well
as the habitats essential to their existence,
and the balance of the ecological systems
existing 
within 
Antarctica 
are 
main-
tained.’’;
(16) at the end of subsection (e)(2)(B)(i), by
striking ‘‘and’’;
(17) in subsection (e)(2)(B)(ii), by striking ‘‘of
such species.’’ and inserting in lieu thereof ‘‘or re-
covery of such species; and’’;
(18) at the end of subsection (e)(2)(B), by add-
ing the following:
‘‘(iii) the taking involves nonlethal tech-
niques, where appropriate.’’;
(19) by striking subsection (e)(2)(C) and (D)
and inserting in lieu thereof the following:
‘‘(C) Permits authorizing entry into any Ant-
arctic specially protected area may only be issued
consistent with the provisions of the management
plan prescribed under section 6(b)(3) for that area.
‘‘(D) Permits allowing the importation of
nonnative species—
‘‘(i) shall not be issued, unless such impor-
tation is allowed under the terms of the Proto-
col;
‘‘(ii) shall require that, prior to the expira-
tion of the permit, all nonnative species, includ-
ing any progeny, shall be removed from Antarc-
tica or disposed of by incineration or equally ef-
fective means that eliminate risk to native
fauna and flora;
‘‘(iii) shall not permit the importation of
dogs or live poultry or other living birds; and
‘‘(iv) shall require that precautions be
taken to prevent the introduction of micro-orga-
nisms (e.g. viruses, bacteria, parasites, yeasts,
and fungi) not present in native fauna and
flora.
‘‘(3) No permit shall be required for the importation
of food into Antarctica, except that—
‘‘(A) no live animals may be imported for this
purpose;
‘‘(B) all plants and animal parts shall be kept
under carefully controlled conditions and disposed of
in accordance with the provisions of this Act; and
‘‘(C) before dressed poultry is packaged for
shipment to Antarctica, it shall be inspected for evi-
dence of disease, such as Newcastle’s disease, tuber-
culosis, and yeast infection.’’;
(20) by redesignating the second subsection (e),
and subsections (f) and (g), as subsections (f), (g),
and (h), respectively;
(21) in subsection (g)(1)(B), as so redesignated
by paragraph (20) of this section, by striking ‘‘the
purpose of this Act’’ and inserting ‘‘the purposes
and provisions of this Act or the Protocol’’; and
(22) in subsection (g)(1)(C), as so redesignated
by paragraph (20) of this section, by inserting ‘‘or
the Protocol’’ after ‘‘of this Act’’.
SEC. 6. REGULATIONS.
Section 6 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2405) is amended—
(1) in subsection (a)—
(A) by striking ‘‘are’’ and inserting in lieu
thereof ‘‘the Director considers’’; and
(B) by inserting ‘‘and the Protocol’’ after
‘‘of this Act’’;
(2) at the end of subsection (b)(1)(B) by strik-
ing ‘‘and’’;
(3) at the end of subsection (b)(1)(C) by adding
‘‘and’’;
(4) after subsection (b)(1)(C) by adding the fol-
lowing:
‘‘(D) each species of invertebrate,’’;
(5) in subsection (b)(1) by striking ‘‘in Antarc-
tica through natural agencies of dispersal’’ and in-
serting in lieu thereof ‘‘there seasonally through nat-
ural migrations’’;
(6) in subsection (b)(2) by striking ‘‘Agreed
Measures’’ and inserting in lieu thereof ‘‘Protocol’’;
(7) by striking subsection (b)(3) and (4) and
inserting in lieu thereof the following:
‘‘(3) identify Antarctic specially protected areas
and Antarctic specially managed areas, as approved
by the United States in accordance with the Proto-
col, and implement the management plans associated
with those areas;’’;
(8) by redesignating paragraphs (5), (6), (7),
(8), and (10) of subsection (b) as paragraphs (4),
(5), (6), (7), and (8), respectively;
(9) in subsection (b)(4), as so redesignated by
paragraph (8) of this section, by striking ‘‘Agreed
Measures’’ and inserting in lieu thereof ‘‘Protocol’’;
(10) in subsection (b)(5), as so redesignated by
paragraph (8) of this section—
(A) by inserting ‘‘waste or’’ after ‘‘des-
ignate as a’’; and
(B) by inserting ‘‘, or which the Director
finds must be regulated under the Protocol;’’
after ‘‘uses of Antarctica’’;
(11) in subsection (b)(6), as so redesignated by
paragraph (8) of this section, by inserting ‘‘waste
or’’ after ‘‘disposal of’’;
(12) in subsection (b)(8), as so redesignated by
paragraph (8) of this section, by striking the period
at the end and inserting in lieu thereof ‘‘; and’’;
(13) by moving subsection (b)(9) to the end of
subsection (b) and amending it to read as follows:
‘‘(9) distinguish between prohibited Antarctic
mineral resource activities and scientific research.’’;
and
(14) after subsection (b) by inserting the follow-
ing new subsection:
‘‘(c) TIME PERIOD FOR REGULATIONS.—The regula-
tions to be prescribed under subsection (b) shall be pro-
mulgated within 24 months after the date of enactment
of the Antarctic Environmental Protection Act of 1993.’’.
SEC. 7. NOTIFICATION OF TRAVEL TO ANTARCTICA.
Section 7 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2406) is amended to read as follows:
‘‘SEC. 7. NOTIFICATION OF TRAVEL TO ANTARCTICA.
‘‘(a) NOTICE.—The Secretary of State shall, within
24 months after the date of enactment of the Antarctic
Environmental Protection Act of 1993, prescribe such reg-
ulations as are necessary and appropriate to implement,
with respect to any person, paragraph 5 of Article VII
of the Treaty pertaining to the filing of advance notifica-
tions of expeditions to, and within, Antarctica.
‘‘(b) COMPLIANCE.—The Secretary of State, in con-
junction with the Director and with the Secretary of the
department in which the Coast Guard is operating, shall,
within 24 months after the date of enactment of the Ant-
arctic Environmental Protection Act of 1993, prescribe
such regulations as are necessary and appropriate to re-
quire nongovernmental activities in Antarctica, including
tourism, for which the United States is required to give
advance notice under paragraph 5 of Article VII of the
Treaty, to provide for prompt and effective response action
to such emergencies as might arise in Antarctica, and to
comply with contingency plans in effect in Antarctica.’’.
SEC. 8. REDESIGNATIONS.
Sections 8, 9, 10, 11, 12, 13, and 14 of the Antarctic
Conservation Act of 1978 (16 U.S.C. 2407–2413) are re-
designated as sections 10, 11, 13, 14, 15, 16, and 17, re-
spectively.
SEC. 9. ENVIRONMENTAL IMPACT ASSESSMENT.
The Antarctic Conservation Act of 1978 is amended
by inserting after section 7 the following new section:
‘‘SEC. 8. ENVIRONMENTAL IMPACT ASSESSMENT.
‘‘(a) GOVERNMENTAL
ACTIVITIES.—The Director
shall, within 24 months after the date of enactment of the
Antarctic Environmental Protection Act of 1993, pre-
scribe such regulations as are necessary and appropriate
to implement the environmental impact assessment provi-
sions of the Protocol (Article 8; Annex I) with respect to
governmental activities in Antarctica.
‘‘(b) NONGOVERNMENTAL ACTIVITIES.—The Sec-
retary of State, in conjunction with the Chairman of the
Council on Environmental Quality, shall, within 24
months after the date of enactment of the Antarctic Envi-
ronmental Protection Act of 1993, prescribe such regula-
tions as are necessary and appropriate to implement the
environmental impact assessment provisions of the Proto-
col (Article 8; Annex I) with respect to nongovernmental
activities in Antarctica, including tourism, for which the
United States is required to give advance notice under
paragraph 5 of Article VII of the Treaty.
‘‘(c) RELATION TO OTHER LAW.—The provisions of
this section shall supersede all other provisions of law re-
lating to the preparation of environmental evaluations or
documents to the extent such laws might otherwise be con-
strued to apply to decisions or actions affecting the Ant-
arctic environment.’’.
SEC. 10. REPRESENTATION.
The Antarctic Conservation Act of 1978 is amended
by inserting after section 8 the following new section:
‘‘SEC. 9. REPRESENTATION.
‘‘(a) DESIGNATION.—The Secretary of State, with
the concurrence of other appropriate Federal officials,
shall designate an officer or employee of the United States
as the United States representative to the Committee for
Environmental Protection.
‘‘(b) COMPENSATION.—The United States represent-
ative shall receive no additional compensation by reason
of service as such representative.’’.
SEC. 11. CIVIL PENALTIES.
Section 10 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2407), as redesignated by section 8 of this Act,
is amended—
(1) by inserting ‘‘or the Secretary of State, as
appropriate,’’ after ‘‘the Director’’ each place it ap-
pears;
(2) in subsection (a)—
(A) by striking ‘‘or to have violated any
regulation prescribed under section 7’’;
(B) by striking ‘‘$5,000 for each violation
unless the prohibited act was knowingly com-
mitted, in which case the amount of the civil
penalty shall not exceed $10,000’’ and inserting
in lieu thereof ‘‘$50,000’’; and
(C) by striking the last sentence and in-
serting in lieu thereof the following: ‘‘In deter-
mining the amount of such penalty, the Direc-
tor or the Secretary of State, as appropriate,
shall take into account the nature, cir-
cumstances, extent, and gravity of the prohib-
ited acts committed, and, with respect to the vi-
olator, the degree of culpability, any history of
prior offenses, ability to pay, and such other
matters as justice may require, to the extent
such information is reasonably available to the
Director or the Secretary of State, as appro-
priate. The Director or the Secretary of State,
as appropriate, may compromise, modify, or
remit, with or without conditions, any civil pen-
alty which is subject to imposition or which has
been imposed under this section.’’;
(3) by striking subsection (c);
(4) by redesignating subsection (d) as sub-
section (f), and in that subsection by striking ‘‘sub-
section (a)’’ and inserting in lieu thereof ‘‘sub-
sections (a) or (c)’’; and
(5) by inserting after subsection (b) the follow-
ing new subsections:
‘‘(c) CIVIL ACTION.—Whenever, on the basis of any
information, the Director or the Secretary of State deter-
mines that any person has violated or is in violation of
any requirement of this Act or any regulation promulgated
hereunder, the Director or the Secretary of State may
commence a civil action in the appropriate United States
District Court, pursuant to section 14 of this Act, for ap-
propriate relief, including—
‘‘(1) a temporary or permanent injunction; or
‘‘(2) an action to assess and recover a civil pen-
alty not to exceed $50,000 per day for each viola-
tion,
or both.
‘‘(d) IN REM JURISDICTION.—Any vessel, vehicle, or
aircraft (including its gear, furniture, appurtenances,
stores, and cargo) used in the commission of an act pro-
hibited by section 4 of this Act shall be liable in rem for
any civil penalty assessed for such violation under this sec-
tion and may be proceeded against in any district court
of the United States having jurisdiction thereof. In the
case of a vessel, such penalty shall constitute a maritime
lien on the vessel which may be recovered in an action
in rem in the district court of the United States having
jurisdiction over the vessel.
‘‘(e) ROLES
OF DIRECTOR
AND SECRETARY
OF
STATE.—The Director and the Secretary of State shall
each carry out this section with respect to violations of
regulations they have prescribed.’’.
SEC. 12. CRIMINAL OFFENSES.
Section 11 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2408), as redesignated by section 8 of this Act,
is amended—
(1) in subsection (a), by striking ‘‘willfully’’ and
inserting in lieu thereof ‘‘knowingly’’;
(2) in subsection (b)—
(A) by striking ‘‘$10,000’’ and inserting in
lieu thereof ‘‘not less than $5,000 nor more
than $50,000 per day of violation’’;
(B) by striking ‘‘one year’’ and inserting in
lieu thereof ‘‘five years’’; and
(C) by adding at the end the following new
sentences: ‘‘If in the commission of any such of-
fense the person uses a dangerous weapon, en-
gages in conduct that causes bodily injury to
any officer of the United States described in
section 12(b) of this Act, or places any such of-
ficer in fear of imminent bodily injury, the of-
fense is punishable by a fine of not more than
$100,000 per day of violation, or by imprison-
ment for not more than 10 years, or both. If a
conviction of a person is for a violation commit-
ted after a first conviction of such person under
this section, the maximum punishment shall be
double with respect to both fine and imprison-
ment.’’; and
(3) by adding at the end the following new sub-
section:
‘‘(d) FEDERAL JURISDICTION.—There is Federal ju-
risdiction over any offense described in subsection (a) of
this section.’’.
SEC. 13. CIVIL FORFEITURES.
The Antarctic Conservation Act of 1978, as amended
by this Act, is further amended by inserting after section
11, as so redesignated by section 8 of this Act, the follow-
ing new section:
‘‘SEC. 12. CIVIL FORFEITURES.
‘‘(a) IN GENERAL.—Any vessel, vehicle, or aircraft
(including its gear, furniture, appurtenances, stores, and
cargo) used, and any Antarctic mineral resources (or the
fair market value thereof) recovered or possessed, in any
manner, in connection with or as a result of the commis-
sion of any act prohibited by section 4 of this Act shall
be subject to forfeiture to the United States. All or part
of such vessel, vehicle, or aircraft may, and all such Ant-
arctic mineral resource (or the fair market value thereof)
shall, be forfeited to the United States pursuant to a civil
proceeding under this section.
‘‘(b) JURISDICTION OF DISTRICT COURTS.—Any dis-
trict court of the United States which has jurisdiction
under section 14 of this Act shall have jurisdiction, upon
application by the Attorney General on behalf of the Unit-
ed States, to order any forfeiture authorized under sub-
section (a) of this section and any action provided for
under subsection (d) of this section.
‘‘(c) JUDGMENT.—If a judgment is entered for the
United States in a civil forfeiture proceeding under this
section, the Attorney General may seize any property or
other interest declared forfeited to the United States,
which has not previously been seized pursuant to this Act
or for which security has not previously been obtained
under subsection (d) of this section. The provisions of the
customs laws relating to—
‘‘(1) the seizure, forfeiture, and condemnation
of property for violation of the customs law;
‘‘(2) the disposition of such property or the pro-
ceeds from the sale thereof; and
‘‘(3) the remission or mitigation of any such
forfeiture,
shall apply to seizures and forfeiture incurred, or alleged
to have been incurred, under the provisions of this Act,
unless such customs law provisions are inconsistent with
this Act.
‘‘(d) PROCEDURE.—(1) Any officer authorized to
serve any process in rem which is issued by a court having
jurisdiction under section 14 of this Act shall—
‘‘(A) stay the execution of such process; or
‘‘(B) discharge any property seized pursuant to
such process,
upon the receipt of a satisfactory bond or other security
from any person claiming such property. Such bond or
other security shall be conditioned upon such person (i)
delivering such property to the appropriate court upon
order thereof, without any impairment of its value, or (ii)
paying the monetary value of such property pursuant to
an order of such court. Judgment shall be recoverable on
such bond or other security against both the principal and
any sureties in the event that any condition thereof is
breached, as determined by such court. Nothing in this
paragraph may be construed to require the Director, ex-
cept in the Director’s discretion or pursuant to the order
of a court under section 14 of this Act, to release on bond
any seized Antarctic mineral resource or other property
or the proceeds from the sale thereof.
‘‘(2) Any Antarctic mineral resource seized pursuant
to this Act may be sold, subject to the approval and direc-
tion of the appropriate court, for not less than the fair
market value thereof. The proceeds of any such sale shall
be deposited with such court pending the disposition of
the matter involved.
‘‘(e) REBUTTABLE PRESUMPTION.—For purposes of
this section, it is a rebuttable presumption that all mineral
resources found on board a vessel, vehicle, or aircraft
which is seized in connection with an act prohibited by
section 4 of this Act are Antarctic mineral resources.’’.
SEC. 14. ENFORCEMENT.
Section 13 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2409), as so redesignated by section 8 of this
Act, is amended—
(1) in subsection (b)—
(A) 
by 
redesignating 
paragraphs 
(4)
through (7) as paragraphs (7) through (10), re-
spectively;
(B) by inserting after paragraph (3) the
following new paragraphs:
‘‘(4) board without warrant, and search or in-
spect, any vessel, vehicle, or aircraft subject to the
provisions of this Act;
‘‘(5) seize without warrant any Antarctic min-
eral resource (wherever found) recovered or pos-
sessed in violation of this Act;
‘‘(6) seize without warrant any vessel, vehicle,
or aircraft subject to the provisions of this Act (in-
cluding its gear, furniture, appurtenances, stores,
and cargo) or other equipment used in, or that rea-
sonably appears to have been used in, a violation of
this Act;’’;
(C) in paragraph (7), as so redesignated
by subparagraph (A) of this paragraph, by in-
serting ‘‘, or which may lead to the forfeiture
of property for any violation of such provisions’’
after ‘‘of such provisions’’; and
(D) by adding at the end the following:
‘‘Subject to the direction of the Director, the Secretary
of the Treasury, the Secretary of Commerce, the Secretary
of the Interior, or the Secretary of the department in
which the Coast Guard is operating, a person charged with
law enforcement responsibilities under this Act who is per-
forming a duty related to enforcement of this Act may
make an arrest without a warrant for an offense against
the United States committed in his presence, or for a fel-
ony cognizable under the laws of the United States, if he
has reasonable grounds to believe that the person to be
arrested has committed or is committing a felony.’’;
(2) in subsection (d)(3) by inserting ‘‘native in-
vertebrate,’’ after ‘‘native bird,’’;
(3) in subsection (f)—
(A) by inserting ‘‘native invertebrates,’’
after ‘‘native birds,’’; and
(B) by striking ‘‘animals and plants not in-
digenous to Antarctica’’ and inserting in lieu
thereof ‘‘nonnative species’’; and
(4) by adding at the end the following new sub-
sections:
‘‘(g) LIABILITY FOR COSTS.—Any person assessed a
civil penalty for, or convicted of, any violation of this Act,
shall be liable for the cost incurred in storage, care, and
maintenance of any Antarctic mineral resource or other
property seized in connection with the violation.
‘‘(h) PAYMENTS OF STORAGE AND OTHER COSTS.—
Notwithstanding any other provision of law, the Director
or the Secretary of the Treasury shall pay from sums re-
ceived as fines, penalties, and forfeitures of property for
violations of any provisions of this Act—
‘‘(1) the reasonable and necessary costs in-
curred in connection with the seizure and forfeiture
of property pursuant to this Act, including in provid-
ing temporary storage, care, and maintenance of
such property pending disposition of any civil or
criminal proceeding alleging a violation of any provi-
sion of this Act;
‘‘(2) any expenses directly related to investiga-
tions and civil or criminal enforcement proceedings,
including any necessary expenses for equipment,
training, travel, witnesses, and contracting services
directly related to such investigations or proceedings;
and
‘‘(3) to a qualifying person any reward offered
pursuant to this section.’’.
SEC. 15. FEDERAL AGENCY COOPERATION.
Section 15 of the Antarctic Conservation Act of 1978
(16 U.S.C. 2411), as redesignated by section 8 of this Act,
is amended by inserting ‘‘, and any department or agency
with expertise relevant to the conduct of United States
activities in Antarctica shall also so cooperate with the Di-
rector’’ after ‘‘out the purposes of this Act’’.
SEC. 16. REPEALER.
Section 17 of the Antarctic Conservation Act of 1978,
as so redesignated by section 8 of this Act, and the Ant-
arctic Protection Act of 1990 (Public Law 101–594, 16
U.S.C. 2461–2466) are repealed.
SEC. 17. ANTARCTIC ENVIRONMENTAL PROTECTION COM-
MISSION.
(a) ESTABLISHMENT.—The President shall establish
an Antarctic Environmental Protection Commission (in
this section referred to as the ‘‘Commission’’) not later
than six months after the date of enactment of this Act.
The Commission shall review the compliance of all United
States Antarctic Program stations, field camps, and oper-
ations with the provisions of the Antarctic Conservation
Act of 1978.
(b) MEMBERSHIP.—(1) The Commission shall be
comprised of five members to be appointed by the Presi-
dent from among individuals who possess demonstrated
expertise in one or more of the following areas:
(A) Environmental management or science.
(B) Cold regions environmental engineering.
(C) Environmental law.
(D) Antarctic science, policy, or operations.
(E) Environmental assessment, enforcement, or
compliance monitoring.
(2) Members of the Commission may be allowed trav-
el expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code.
(3) Any vacancy occurring in the membership of the
Commission shall be filled by the President for the remain-
der of the unexpired term.
(4) A member may serve after the expiration of the
member’s term until the President appoints a successor.
(5) A member may be appointed to consecutive terms.
(c) CHAIRMAN.—The President shall designate one
member of the Commission as Chairman, who shall be re-
sponsible for directing the work of the Commission.
(d) TERM OF SERVICE.—(1) Except as provided in
paragraph (2), the term of office of each member of the
Commission appointed under subsection (b) shall be four
years.
(2) Of the members of the Commission originally ap-
pointed under subsection (b)—
(A) two shall be appointed for a term of two
years and six months; and
(B) three shall be appointed for a term of four
years and six months.
(e) LOGISTICAL AND ADMINISTRATIVE SUPPORT.—
The National Science Foundation shall provide all trans-
portation and logistical support necessary to allow the
Commission to conduct on-site inspections of United
States Antarctic Program stations, field camps, and oper-
ations, and shall cooperate to the fullest extent possible
in meeting requests for documents, other information, and
assistance necessary for the Commission to carry out its
work and prepare the report required in subsection (f).
(f) REPORT.—(1) Not later than 18 months after the
date of enactment of this Act, and every two years there-
after, the Commission shall submit a report to the Presi-
dent and the Congress documenting the Commission’s
findings on the compliance of the United States Antarctic
Program with the provisions of the Antarctic Conservation
Act of 1978, including specific reference to the activities
undertaken by the Director of the National Science Foun-
dation in implementation of the permit program required
under section 5 of that Act. The report shall specify any
examples of failures of compliance and shall make rec-
ommendations for corrective actions.
(2) The Director of the National Science Foundation
shall, within 90 days after the report is submitted under
paragraph (1) to the President, submit to the Congress
a plan for implementing the recommendations of the re-