[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1645 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1645

    To regulate United States scientific and tourist activities in 
  Antarctica, to conserve Antarctic resources, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 1996

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

_______________________________________________________________________

                                 A BILL


 
    To regulate United States scientific and tourist activities in 
  Antarctica, to conserve Antarctic resources, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    This Act may be cited as the ``Antarctic Science, Tourism, and 
Conservation Act of 1996''.

     TITLE I--AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978

SEC. 101. FINDINGS AND PURPOSE.

    (a) Findings.--Section 2(a) of the Antarctic Conservation Act of 
1978 (16 U.S.C. 2401(a)) is amended--
            (1) by redesigning paragraphs (1) and (2) as paragraphs (4) 
        and (5) respectively, and inserting before paragraph (4), as 
        redesignated, the following:
            ``(1) for well over a quarter of a century, scientific 
        investigation has been the principal activity of the Federal 
        Government and United States nationals in Antarctica;
            ``(2) more recently, interest of American tourists in 
        Antarctica has increased;
            ``(3) as the lead civilian agency in Antarctica, the 
        National Science Foundation has long had responsibility for 
        ensuring that United States scientific activities and tourism, 
        and their supporting logistics operations, are conducted with 
        an eye to preserving the unique values of the Antarctic 
        region;'';
            (2) by striking ``the Agreed Measures for the Conservation 
        of Antarctic Fauna and Flora, adopted at the Third Antarctic 
        Treaty Consultative Meeting, have established a firm 
        foundation'' in paragraph (4), as redesignated, and inserting 
        ``the Protocol establish a firm foundation for the conservation 
        of Antarctic resources,'';
            (3) by striking paragraph (5), as redesignated, and 
        inserting the following:
            ``(5) the Antarctic Treaty and the Protocol establish 
        international mechanisms and create legal obligations necessary 
        for the maintenance of Antarctica as a natural reserve devoted 
        to peace and science.''.
    (b) Purpose.--Section 2(b) of such Act (16 U.S.C. 2401(b)) is 
amended by striking ``Treaty, the Agreed Measures for the conservation 
of Antarctic Fauna and Flora, and Recommendation VII-3 of the Eighth 
Antarctic Treaty Consultative Meeting'' and inserting ``Treaty and the 
Protocol''.

SEC. 102. DEFINITIONS.

    Section 3 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2402) is amended to read as follows:

``SEC. 3. DEFINITIONS.

    ``For purposes of this Act--
            ``(1) the term `Administrator' means the Administrator of 
        the Environmental Protection Agency;
            ``(2) the term `Antarctica' means the area south of 60 
        degrees south latitude;
            ``(3) the term `Antarctic Specially Protected Area' means 
        an area identified as such pursuant to Annex V to the Protocol;
            ``(4) the term `Director' means the Director of the 
        National Science Foundation;
            ``(5) the term `harmful interference' means--
                    ``(A) flying or landing helicopters or other 
                aircraft in a manner that disturbs concentrations of 
                birds or seals;
                    ``(B) using vehicles or vessels, including 
                hovercraft and small boats, in a manner that disturbs 
                concentrations of birds or seals;
                    ``(C) using explosives or firearms in a manner that 
                disturbs concentrations of birds or seals;
                    ``(D) willfully disturbing breeding or molting 
                birds or concentrations of birds or seals by persons on 
                foot;
                    ``(E) significantly damaging concentrations of 
                native terrestrial plants by landing aircraft, driving 
                vehicles, or walking on them, or by other means; and
                    ``(F) any activity that results in the significant 
                adverse modification of habitats of any species or 
                population of native mammal, native bird, native plant, 
                or native invertebrate;
            ``(6) the term `historic site or monument' means any site 
        or monument listed as an historic site or monument pursuant to 
        Annex V to the Protocol;
            ``(7) the term `impact' means impact on the Antarctic 
        environment and dependent and associated ecosystems;
            ``(8) the term `import' means to land on, bring into, or 
        introduce into, or attempt to land on, bring into or introduce 
        into, any place subject to the jurisdiction of the United 
        States, including the 12-mile territorial sea of the United 
        States, whether or not such act constitutes an importation 
        within the meaning of the customs laws of the United States;
            ``(9) the term `native bird' means any member, at any stage 
        of its life cycle (including eggs), of any species of the class 
        Aves which is indigenous to Antarctica or occurs there 
        seasonally through natural migrations, and includes any part of 
        such member;
            ``(10) the term `native invertebrate' means any terrestrial 
        or freshwater invertebrate, at any stage of its life cycle, 
        which is indigenous to Antarctica, and includes any part of 
        such invertebrate;
            ``(11) the term `native mammal' means any member, at any 
        stage of its life cycle, of any species of the class Mammalia, 
        which is indigenous to Antarctica or occurs there seasonally 
        through natural migrations, and includes any part of such 
        member;
            ``(12) the term `native plant' means any terrestrial or 
        freshwater vegetation, including bryophytes, lichens, fungi, 
        and algae, at any stage of its life cycle (including seeds and 
        other propagules), which is indigenous to Antarctica, and 
        includes any part of such vegetation;
            ``(13) the term `non-native species' means any species of 
        animal or plant which is not indigenous to Antarctica and does 
        not occur there seasonally through natural migrations;
            ``(14) 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 and any 
        department, agency, or other instrumentality of the Federal 
        Government or of any State or local government;
            ``(15) the term `prohibited product' means any substance 
        banned from introduction onto land or ice shelves or into water 
        in Antarctica pursuant to Annex III to the Protocol;
            ``(16) the term `prohibited waste' means any substance 
        which must be removed from Antarctica pursuant to Annex III to 
        the Protocol, but does not include materials used for balloon 
        envelopes required for scientific research and weather 
        forecasting;
            ``(17) the term `Protocol' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, signed 
        October 4, 1991, in Madrid, and all annexes thereto, including 
        any future amendments thereto to which the United States in a 
        party;
            ``(18) the term `Secretary' means the Secretary of 
        Commerce;
            ``(19) the term `Specially Protected Species' means any 
        native species designated as a Specially Protected Species 
        pursuant to Annex II to the Protocol;
            ``(20) the term `take' means to kill, injure, capture, 
        handle, or molest a native mammal or bird, or to remove or 
        damage such quantities of native plants that their local 
        distribution or abundance would be significantly affected;
            ``(21) the term `Treaty' means the Antarctic Treaty signed 
        in Washington, DC, on December 1, 1959;
            ``(22) the term `United States' means the several States of 
        the Union, the District of Columbia, the Commonwealth of Puerto 
        Rico, American Samoa, the Virgin Island, Guam, the Commonwealth 
        of the Northern Mariana Islands, and any other commonwealth, 
        territory, or possession of the United States; and
            ``(23) the term `vessel subject to the jurisdiction of the 
        United States' includes any `vessel of the United States' and 
        any `vessel subject to the jurisdiction of the United States' 
        as those terms are defined in section 303 of the Antarctic 
        Marine Living Resources Convention Act of 1984 (16 U.S.C. 
        2432.)''.

SEC. 103. PROHIBITED ACTS.

    ``Section 4 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2403) is amended to read as follows:

``SEC. 4. PROHIBITED ACTS.

    ``(a) In General.--It is unlawful for any person--
            ``(1) to introduce any prohibited product onto land or ice 
        shelves or into water in Antarctica;
            ``(2) to dispose of any waste onto ice-free land areas or 
        into fresh water systems in Antartica;
            ``(3) to dispose of any prohibited waste in Antarctica;
            ``(4) to engage in open burning of waste;
            ``(5) to transport passengers to, from, or within 
        Antarctica by any seagoing vessel not required to comply with 
        the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et 
        seq.), unless the person has an agreement with the vessel owner 
        or operator under which the owner or operator is required to 
        comply with Annex IV to the Protocol;
            ``(6) who organizes, sponsors, operates, or promotes a 
        nongovernmental expedition to Antarctica, and who does business 
        in the United States, to fail to notify all members of the 
        expedition of the environmental protection obligations of this 
        Act, and of actions which members must take, or not take, in 
        order to comply with those obligations;
            ``(7) to damage, remove, or destroy a historic site or 
        monument;
            ``(8) to refuse permission to any authorized officer or 
        employee of the United States to board a vessel, vehicle, or 
        aircraft of the United States, or 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 or 
        any regulation promulgated or permit issued under this Act;
            ``(9) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized officer or 
        employee of the United States in the conduct of any search or 
        inspection described in paragraph (8);
            ``(10) to resist a lawful arrest in detention for any act 
        prohibited by this section;
            ``(11) 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;
            ``(12) to violate any regulation issued under this Act, or 
        any term or condition of any permit issued to that person under 
        this Act; or
            ``(13) to attempt to commit or cause to be committed any 
        act prohibited by this section.
    ``(b) Acts Prohibited Unless Authorized by Permit.--It is unlawful 
for any person, unless authorized by a permit issued under this Act--
            ``(1) to dispose of any waste in Antarctica (except as 
        otherwise authorized by the Act to Prevent Pollution from 
        Ships) including--
                    ``(A) disposing of any waste from land into the sea 
                in Antarctica; and
                    ``(B) incinerating any waste on land or ice shelves 
                in Antarctica, or on board vessels at points of 
                embarcation or debarcation, other than through the use 
                at remote field sites of incinerator toilets for human 
                waste;
            ``(2) to introduce into Antarctica any member of a 
        nonnative species;
            ``(3) to enter or engage in activities within any Antarctic 
        Specially Protected Area;
            ``(4) to engage in any taking or harmful interference in 
        Antarctica; or
            ``(5) to receive, acquire, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any native bird, native mammal, or native plant 
        which the person knows, or in the exercise of due care should 
        have known, was taken in violation of this Act.
    ``(c) Exception for Emergencies.--No act described in subsection 
(a)(1), (2), (3), (4), (5), (7), (12), or (13) or in subsection (b) 
shall be unlawful if the person committing the act reasonably believed 
that the act was committed under emergency circumstances involving the 
safety of human life or of ships, aircraft, or equipment or facilities 
of high value, or the protection of the environment.''.

SEC. 104. ENVIRONMENTAL IMPACT ASSESSMENT.

    The Antarctic Conservation Act of 1978 is amended by inserting 
after section 4 the following new section:

``SEC. 4A. ENVIRONMENTAL IMPACT ASSESSMENT.

    ``(a) Federal Activities.--(1)(A) The obligations of the United 
States under Article 8 of and Annex I to the Protocol shall be 
implemented by applying the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) to proposals for Federal agency activities in 
Antarctica, as specified in this section.
    ``(B) The obligations contained in section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall 
apply to all proposals for Federal agency activities occurring in 
Antarctica and affecting the quality of the human environment in 
Antarctica or dependent or associated ecosystems, only as specified in 
this section. For purposes of the application of such section 102(2)(C) 
under this subsection, the term ``significantly affecting the qualify 
of the human environment'' shall have the same meaning as the term 
``more than a minor or transitory impact''.
    ``(2)(A) Unless an agency which proposes to conduct a Federal 
activity in Antarctica determines that the activity will have less than 
a minor or transitory impact, or unless a comprehensive environmental 
evaluation is being prepared in accordance with subparagraph (C), the 
agency shall prepare an initial environmental evaluation in accordance 
with Article 2 of Annex I to the Protocol.
    ``(B) If the agency determines, through the preparation of the 
initial environmental evaluation, that the proposed Federal activity is 
likely to have no more than a minor or transitory impact, the activity 
may proceed if appropriate procedures are put in place to assess and 
verify the impact of the activity.
    ``(C) If the agency determines, through the preparation of the 
initial environmental evaluation or otherwise, that a proposed Federal 
activity is likely to have more than a minor or transitory impact, the 
agency shall prepare and circulate a comprehensive environmental 
evaluation in accordance with Article 3 of Annex I to he Protocol, and 
shall make such comprehensive environmental evaluation publicly 
available for comment.
    ``(3) Any agency decision under this section on whether a proposed 
Federal activity, to which paragraph (2)(C) applies, should proceed, 
and, if so, whether in its original or in a modified form, shall be 
based on the comprehensive environmental evaluation as well as other 
consideration which the agency, in the exercise of its discretion, 
considers relevant.
    ``(4) For the purposes of this section, the term `Federal activity' 
includes all activities conducted under a Federal agency research 
program in Antarctica, whether or not conducted by a Federal agency.
    ``(b) Federal Activities Carried Out Jointly With Foreign 
Governments.--(1) For the purposes of this subsection, the term 
`Antarctic joint activity' means any Federal activity in Antarctica 
which is proposed to be conducted, or which is conducted, jointly or in 
cooperation with one or more foreign governments. Such term shall be 
defined in regulation promulgated by such agencies as the President may 
designate.
    ``(2) Where the Secretary of State, in cooperation with the lead 
United States agency planning an Antarctic jointly activity, determines 
that--
            ``(A) the major part of the joint activity is being 
        contributed by a government or governments other than the 
        United States;
            ``(B) one such government is coordinating the 
        implementation of environmental impact assessment procedures 
        for that activity; and
            ``(C) such government has signed, ratified, or acceded to 
        the Protocol,
the requirements of subsection (a) of this section shall not apply with 
respect to that activity.
    ``(3) In all cases of Antarctic joint activity other than those 
described in paragraph (2), the requirements of subsection (a) of this 
section shall apply with respect to that activity, except as provided 
in paragraph (4).
    ``(4) Determinations described in paragraph (2), and agency actions 
and decisions in connection with assessments of impacts of Antarctic 
joint activities, shall not be subject to judicial review.
    ``(c) Nongovernmental Activities.--(1) The Administrator shall, 
within 2 years after the date of the enactment of the Antarctic 
Science, Tourism, and Conservation Act of 1996, promulgate regulations 
to provide for--
            ``(A) the environmental impact assessment of 
        nongovernmental activities, including tourism, for which the 
        United States is required to give advance notice under 
        paragraph 5 of Article VII of the Treaty; and
            ``(B) coordination of the review of information regarding 
        environmental impact assessment received from other Parties 
        under the Protocol.
    ``(2) Such regulations shall be consistent with Annex I to the 
Protocol.
    ``(d) Decision To Proceed.--(1) No decision shall be taken to 
proceed with an activity for which a comprehensive environmental 
evaluation is prepared under this section unless there has been an 
opportunity for consideration of the draft comprehensive environmental 
evaluation at an Antarctic Treaty Consultative Meeting, 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 date 
of circulation of the draft comprehensive environmental evaluation 
pursuant to Article 3(3) of Annex I to the Protocol.
    ``(2) The Secretary of State shall circulate the final 
comprehensive environmental evaluation, in accordance with Article 3(6) 
of Annex I to the Protocol, at least 60 days before the commencement of 
the activity in Antarctica.
    ``(e) Cases of Emergency.--The requirements of this section, and of 
regulations promulgated under this section, shall not apply in cases of 
emergency relating to the safety of human life or of ships, aircraft, 
or equipment and facilities of high value, or the protection of the 
environment, which require an activity to be undertaken without 
fulfilling those requirements.
    ``(f) Exclusive Mechanism.--Notwithstanding any other provision of 
law, the requirements of this section shall constitute the sole and 
exclusive statutory obligations of the Federal agencies with regard to 
assessing the environmental impacts of proposed Federal activities 
occurring in Antarctica.
    ``(g) Decisions on Permit Applications.--The provisions of this 
section requiring environmental impact assessments (including initial 
environmental evaluations and comprehensive environmental evaluations) 
shall not apply to Federal actions with respect to issuing permits 
under section 5.
    ``(h) Publication of Notices.--Whenever the Secretary of State 
makes a determination under paragraph (2) of subsection (b) of this 
section, or receives a draft comprehensive environmental evaluation in 
accordance with Annex I, Article 3(3) to the Protocol, the Secretary of 
State shall cause timely notice thereof to be published in the Federal 
Register.''.

SEC. 105. PERMITS.

    Section 5 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2404) is amended--
            (1) in subsection (a) by striking ``section 4(a)'' and 
        inserting in lieu thereof ``section 4(b)'';
            (2) in subsection (c)(1)(B) by striking ``Special'' and 
        inserting in lieu thereof ``Species''; and
            (3) in subsection (e)--
                    (A) by striking ``or native plants to which the 
                permit applies,'' in paragraph (1)(A)(i) and inserting 
                in lieu thereof ``native plants, or native 
                invertebrates to which the permit applies, and'';
                    (B) by striking paragraph (1)(A)(ii) and (iii) and 
                inserting in lieu thereof the following new clause:
                    ``(ii) the manner in which the taking or harmful 
                interference shall be conducted (which manner shall be 
                determined by the Director to be humane) and the area 
                in which it will be conducted;'';
                    (C) by striking ``within Antarctica (other than 
                within any specially protected area)'' in paragraph 
                (2)(A) and inserting in lieu thereof ``or harmful 
                interference within Antarctica'';
                    (D) by striking ``specially protected species'' in 
                paragraph (2)(A) and (B) and inserting in lieu thereof 
                ``Specially Protected Species'';
                    (E) by striking ``; and'' at the end of paragraph 
                (2)(A)(i)(II) and inserting in lieu thereof ``, or'';
                    (F) by adding after paragraph (2)(A)(i)(II) the 
                following new subclause:
                            (III) for unavoidable consequences of 
                        scientific activities or the construction 
and operation of scientific support facilities; and'';
                    (G) by striking ``with Antarctica and'' in 
                paragraph (2)(A)(ii)(II) and inserting in lieu thereof 
                ``with Antarctica are''; and
                    (H) by striking subparagraphs (C) and (D) of 
                paragraph (2) and inserting in lieu thereof the 
                following new subparagraph:
            ``(C) A permit authorizing the entry into an Antarctic 
        Specially Protected Area shall be issued only--
                    ``(i) if the entry is consistent with an approved 
                management plan, or
                    ``(ii) if a management plan relating to the area 
                has not been approved but--
                            ``(I) there is a compelling purpose for 
                        such entry which cannot be served elsewhere, 
                        and
                            ``(II) the actions allowed under the permit 
                        will not jeopardize the natural ecological 
                        system existing is such area.''.

SEC. 106. REGULATIONS.

    Section 6 of the Antarctic Conservation Act of 1978 (16 U.S.C. 
2405) is amended to read as follows:

``SEC. 6. REGULATIONS.

    ``(a) Regulations To Be Issued by the Director.--(1) The Director 
shall issue such regulations as are necessary and appropriate to 
implement Annex II and Annex V to the Protocol and the provisions of 
this Act which implement those annexes, including section 4(b) (2), 
(3), (4), and (5) of this Act. The Director shall designate as native 
species--
            ``(A) each species of the class Aves;
            ``(B) each species of the class Mammalia; and
            ``(C) each species of plant,
which is indigenous of Antarctica or which occurs there seasonally 
through natural migrations.
    ``(2) The Director, with the concurrence of the Administrator, 
shall issue such regulations as are necessary and appropriate to 
implement Annex III to the Protocol and the provisions of this Act 
which implement that Annex, including section 4(a) (1), (2), (3), and 
(4), and section 4(b)(1) of this Act.
    ``(3) The Director shall issue such regulations as are necessary 
and appropriate to implement Article 15 of the Protocol with respect to 
land areas and ice shelves in Antarctica.
    ``(4) The Director shall issue such additional regulations as are 
necessary and appropriate to implement the Protocol and this Act, 
except as provided in subsection (b).
    ``(b) Regulations To Be Issued by the Secretary of the Department 
in Which the Coast Guard is Operating.--The Secretary of the Department 
in which the Coast Guard is operating shall issue such regulations as 
are necessary and appropriate, in addition to regulations issued under 
the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), to 
implement Annex IV to the Protocol and the provisions of this Act which 
implement the Annex, and, with the concurrence of the Director, such 
regulations as are necessary and appropriate to implement Article 15 of 
the Protocol with respect to vessels.
    ``(c) Time Period for Regulations.--The regulations to be issued 
under subsection (a)(1) and (2) of this section shall be issued within 
2 years after the date of the enactment of the Antarctic Science, 
Tourism, and Conservation Act of 1996. The regulations to be issued 
under subsection (a)(3) of this section shall be issued within 3 years 
after the date of the enactment of the Antarctic Science, Tourism, and 
Conservation Act of 1996.''.

SEC. 107. SAVING PROVISIONS.

    Section 14 of the Antarctic Conservation Act of 1978 is amended to 
read as follows:

``SEC. 14. SAVING PROVISIONS.

    ``(a) Regulations.--All regulations promulgated under this Act 
prior to the date of the enactment of the Antarctic Science, Tourism, 
and Conservation Act of 1996 shall remain in effect until superseding 
regulations are promulgated under section 6.
    ``(b) Permits.--All permits issued under this Act shall remain in 
effect until they expire in accordance with the terms of those 
permits.''.

             TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS

SEC. 201. AMENDMENTS TO ACT TO PREVENT POLLUTION FROM SHIPS.

    (a) Definitions.--Section 2 of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1901) is amended--
            (1) by redesignating paragraphs (1) through (9) of 
        subsection (a) as paragraphs (3) through (11), respectively;
            (2) by inserting before paragraph (3), as so redesignated 
        by paragraph (1) of this subsection, the following new 
        paragraphs:
            ``(1) `Antarctica' means the area south of 60 degrees south 
        latitude;
            ``(2) `Antarctic Protocol' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, signed 
        October 4, 1991, in Madrid, and all annexes thereto, and 
        includes any future amendments thereto which have entered into 
        force;''; and
            (3) by adding at the end the following new subsection:
    ``(c) For the purposes of this Act, the requirements of Annex IV to 
the Antarctic Protocol shall apply in Antarctica to all vessels over 
which the United States has jurisdiction.''.
    (b) Application of Act.--Section 3(b)(1)(B) of the Act to Prevent 
Pollution from Ships (33 U.S.C. 1902(b)(1)(B)) is amended by inserting 
``or the Antarctic Protocol'' after ``MARPOL Protocol''.
    (c) Administration.--Section 4 of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1903) is amended--
            (1) by inserting ``, Annex IV to the Antarctic Protocol,'' 
        after ``the MARPOL Protocol'' in the first sentence of 
        subsection (a);
            (2) in subsection (b)(1) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``the MARPOL Protocol'';
            (3) in subsection (b)(2)(A) by striking ``within 1 year 
        after the effective date of this paragraph,''; and
            (4) in subsection (b)(2)(A)(i) by inserting ``and of Annex 
        IV to the Antarctic Protocol'' after ``the Convention''.
    (d) Pollution Reception Facilities.--Section 6 of the Act to 
Prevent Pollution from Ships (33 U.S.C. 1905) is amended--
            (1) in subsection (b) by inserting ``or the Antarctic 
        Protocol'' after ``the MARPOL Protocol'';
            (2) in subsection (e)(1) by inserting ``or the Antarctic 
        Protocol'' after ``the Convention'';
            (3) in subsection (e)(1)(A) by inserting ``or Article 9 of 
        Annex IV to the Antarctic Protocol'' after ``the Convention''; 
        and
            (4) in subsection (f) by inserting ``or the Antarctic 
        Protocol'' after ``the MARPOL Protocol.''
    (e) Violations.--Section 8 of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1907) is amended--
            (1) in the first sentence of subsection (a) by inserting 
        ``Annex IV to the Antarctic Protocol,'' after ``MARPOL 
        Protocol,'';
            (2) in the second sentence of subsection (a)--
                    (A) by inserting ``or to the Antarctic Protocol'' 
                after ``to the MARPOL Protocol''; and
                    (B) by inserting ``and Annex IV to the Antarctic 
                Protocol'' after ``of the MARPOL Protocol'';
            (3) in subsection (b) by inserting ``or the Antarctic 
        Protocol'' after MARPOL Protocol'' both places it appears;
            (4) in subsection (c)(1) by inserting ``, of Article 3 or 
        Article 4 of Annex IV to the Antarctic Protocol,'' after ``to 
        the Convention'';
            (5) in subsection (c)(2) by inserting ``or the Antarctic 
        Protocol'' after ``which the MARPOL Protocol'';
            (6) in subsection (c)(2)(A) by inserting ``, Annex IV to 
        the Antarctic Protocol,'' after ``MARPOL Protocol'';
            (7) in subsection (c)(2)(B)--
                    (A) by inserting ``or the Antarctic Protocol'' 
                after ``to the MARPOL Protocol''; and
                    (B) by inserting ``or Annex IV to the Antarctic 
                Protocol'' after ``of the MARPOL Protocol'';
            (8) in subsection (d)(1) by inserting ``, Article 5 of 
        Annex IV to the Antarctic Protocol,'' after ``Convention'';
            (9) in subsection (e)(1)--
                    (A) by inserting ``or the Antarctic Protocol'' 
                after ``MARPOL Protocol''; and
                    (B) by striking ``that Protocol'' and inserting in 
                lieu thereof ``those Protocols''; and
            (10) in subsection (e)(2) by inserting ``, of Annex IV to 
        the Antarctic Protocol,'' after ``MARPOL Protocol''.
    (f) 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,'' after ``MARPOL Protocol,'';
            (2) in subsection (b)(1) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol,'';
            (3) in subsection (b)(2) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol,'';
            (4) in subsection (d) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol,'';
            (5) in subsection (e) by inserting ``, Annex IV to the 
        Antarctic Protocol,'' after ``MARPOL Protocol''; and
            (6) in subsection (f) by inserting ``or the Antarctic 
        Protocol'' after ``MARPOL Protocol'' both places it appears.

SEC. 202. PROHIBITION OF CERTAIN ANTARCTIC RESOURCE ACTIVITIES.

    (a) Agreement or Legislation Required.--Section 4 of the Antarctic 
Protection Act of 1990 (16 U.S.C. 2463) is amended by striking 
``Pending a new agreement among the Antarctic Treaty Consultative 
Parties in force for the United States, to which the Senate has given 
advice and consent or which is authorized by further legislation by the 
Congress, which provides an indefinite ban on Antarctic mineral 
resource activities, it'' and inserting in lieu thereof ``It''.
    (b) Repeals.--Sections 5 and 7 of such Act (16 U.S.C. 2464 and 
2466) are repealed.
    (c) Redesignation.--Section 6 of such Act (16 U.S.C. 2465) is 
redesignated as section 5.
                                 <all>