[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5948 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 5948

To enhance safety and protect research interests and the environment in 
                  Antarctica, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 12, 2021

Mr. Beyer (for himself, Mr. Lucas, and Ms. Johnson of Texas) introduced 
  the following bill; which was referred to the Committee on Science, 
  Space, and Technology, and in addition to the Committees on Foreign 
    Affairs, and Natural Resources, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To enhance safety and protect research interests and the environment in 
                  Antarctica, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antarctic Science and Conservation 
Modernization Act''.

SEC. 2. ANTARCTIC NONGOVERNMENTAL ACTIVITY PREPAREDNESS.

    (a) Congressional Findings and Declaration of Purpose.--
            (1) Findings.--The Congress finds that--
                    (A) for over half a century, scientific 
                investigation and environmental protection has been the 
                principal activity of the Federal Government and United 
                States citizens in Antarctica;
                    (B) 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 
                stewardship responsibilities in Antarctica;
                    (C) land- and ship-borne tourism in Antarctica, 
                including tourism hat United States-based companies 
                organize or originate, continues to increase at a 
                significant rate;
                    (D) achievement of the United States Antarctic 
                Program scientific objectives requires the full 
                commitment of the operational and logistics 
                capabilities of the Program;
                    (E) longstanding United States policy regarding 
                private nongovernmental expeditions to Antarctica 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 nongovernmental expeditions to Antarctica;
                    (F) in limited emergency situations the United 
                States may attempt, at its discretion and in accordance 
                with international law and humanitarian principles, 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;
                    (G) increased tourism and other nongovernmental 
                activities could result in additional health and 
                safety, search and rescue, medical care and evacuation 
                costs. These costs could increase the financial burden 
                on the United States Antarctic Program, increase the 
                risks to the safety of those involved in search and 
                rescue, and jeopardize scientific objectives through 
                the diversion of resources; and
                    (H) 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'', which, after it takes effect, will require the 
                Parties to impose operational and financial self-
                sufficiency requirements on nongovernmental persons 
                organizing expeditions to Antarctica organized in or 
                proceeding from their country.
            (2) Purpose.--The purpose of this subsection is to 
        implement Measure 4 (2004), ``Insurance and Contingency 
        Planning for Tourism and Non-Governmental Activities in the 
        Antarctic Treaty Area''.
    (b) Definitions.--For the purposes of this section:
            (1) Antarctica.--The term ``Antarctica'' means the area 
        south of 60 degrees south latitude.
            (2) Director.--The term ``Director'' means the Director of 
        the National Science Foundation.
            (3) Expedition.--
                    (A) In general.--The term ``expedition'' means an 
                activity undertaken by one or more nongovernmental 
                persons organized within or proceeding from the United 
                States to or within Antarctica for which advance 
                notification is required under paragraph 5 of Article 
                VII of the Antarctic Treaty.
                    (B) Exclusion.--The term ``expedition'' does not 
                include fishing activities or the operation of fishing 
                vessels.
            (4) Person.--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 instrumentality of the Federal Government.
    (c) Obligation of Persons Organizing Expeditions To Prepare 
Contingency Plans and Obtain Insurance.--
            (1) In general.--A person organizing an expedition shall--
                    (A) prepare and establish appropriate contingency 
                plans and sufficient arrangements for health and 
                safety, search and rescue, medical care and evacuation 
                of persons engaged in an expedition;
                    (B) 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
                    (C) establish or obtain the contingency plans, 
                arrangements and insurance or other financial 
                arrangements referred to in this subparagraph prior to 
                the date on which an expedition commences.
            (2) Express written agreement.--In establishing or 
        obtaining contingency plans under paragraph (1), a person shall 
        not rely on support from national Antarctic programs or other 
        agencies of governments conducting research or other activities 
        in Antarctica without their express written agreement.
    (d) Certification of Compliance.--
            (1) In general.--Persons organizing expeditions shall 
        submit to the Director a written certification that confirms 
        its compliance with the requirements of subsection (c), 
        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 standards.
            (2) Violation.--
                    (A) Acknowledgment.--Any certification submitted 
                pursuant to paragraph (1) shall contain an 
                acknowledgment that any knowing and willful false 
                statement made in such certification is punishable 
                under section 1001 of title 18, United States Code, by 
                fine or imprisonment of not more than 5 years, or both.
                    (B) Criminal prosecution.--The Director may refer 
                potential violations of section 1001 of such title to 
                the Department of Justice for criminal prosecution, as 
                appropriate.
    (e) Costs and Administrative Fees.--
            (1) In general.--If a person organizing an expedition 
        receives any services covered by this subsection 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 
        National 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 Federal 
        Government, including all reasonable attorney's fees and costs 
        associated with the collection of such sums.
            (2) Recovery of costs.--The Director may request the 
        Attorney General to initiate a civil action for the recovery of 
        such costs.
            (3) Collection and distribution.--The National Science 
        Foundation--
                    (A) is authorized to retain all monies collected 
                pursuant to this paragraph; and
                    (B) 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 and such monies shall remain 
                available for expenditure, without further 
                appropriation, until expended.
            (4) Administrative fees.--
                    (A) Authority.--Beginning in fiscal year 2021 and 
                thereafter, the Director may establish, modify, charge, 
                and collect administrative fees for the administration 
                of the requirements of this subsection.
                    (B) Retention.--The National Science Foundation is 
                authorized to retain all monies collected pursuant to 
                this paragraph and such monies shall remain available 
                for expenditure, without further appropriation, until 
                expended.
    (f) Foreign Expeditions.--
            (1) In general.--Except as provided under paragraph (2), a 
        person organizing an expedition shall not be required to comply 
        with the provisions of this subsection 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.
            (2) Exception.--To the extent the National Science 
        Foundation, its contractors, or other department, agency, or 
        instrumentality of the Federal Government incurs direct or 
        indirect costs relating to services covered by this subsection 
        for an expedition, such costs remain recoverable against 
        persons subject to the jurisdiction of the United States 
        pursuant to subsection (e).
    (g) Civil Penalties.--
            (1) Assessment of penalties.--
                    (A) Liability.--A person organizing an expedition 
                that the Director determines, after notice and an 
                opportunity for a hearing, to have failed to comply 
                with the requirements of this subsection, or its 
                implementing regulations, shall be liable to the United 
                States for a civil penalty.
                            (i) Amount.--The amount of the civil 
                        penalty shall not exceed $10,000 for each 
                        violation unless the prohibited act was 
                        knowingly committed, in which case the amount 
                        of the civil penalty shall not exceed $25,000 
                        for each violation.
                            (ii) Separate offense.--Each day an 
                        expedition remains in Antarctica without 
                        complying with the requirements of this 
                        subsection shall constitute a separate offense 
                        for penalty purposes.
                            (iii) Written notice.--The amount of any 
                        civil penalty shall be assessed by the Director 
                        by written notice.
                            (iv) Discretion.--Any civil penalty 
                        assessed under this subparagraph may be 
                        remitted or mitigated by the Director.
            (2) Hearings.--
                    (A) In general.--Hearings for the assessment of 
                civil penalties under paragraph (1) shall be conducted 
                in accordance with section 554 of title 5, United 
                States Code.
                    (B) Subpoenas and oaths.--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 administer oaths.
                    (C) Witnesses.--Witnesses summoned shall be paid 
                the same fees and mileage that are paid to witnesses in 
                the courts of the United States.
                    (D) Court order.--In case of contumacy or refusal 
                to obey a subpoena served upon any person pursuant to 
                this subparagraph, 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 such 
                person to appear and give testimony before the Director 
                or to appear and produce documents before the Director, 
                or both, and any failure to obey such order of the 
                court may be punished by such court as a contempt 
                thereof.
            (3) Review.--
                    (A) In general.--Upon the failure of any person 
                against whom a civil penalty is assessed under 
                paragraph (1) 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.
                    (B) Court proceeding.--The court shall hear the 
                action described under subparagraph (A) on the record 
                made before the Director and shall sustain the decision 
                of the Director if it is supported by substantial 
                evidence on the record considered as a whole.
            (4) Penalties under other laws.--The assessment of a civil 
        penalty under paragraph (1) for any act shall not be deemed to 
        preclude the assessment of a civil penalty for such act under 
        any other law.
    (h) Regulations.--The Director may prescribe such regulations as 
may be appropriate to implement and enforce the provisions of this 
subsection.
    (i) Effective Date.--This subsection shall take effect 180 days 
after the date of enactment of this Act.

SEC. 3. ANTARCTIC ENVIRONMENTAL LIABILITY.

    (a) Purpose.--The purpose of this subsection is to implement Annex 
VI to the Protocol on Environmental Protection to the Antarctic Treaty, 
``Liability Arising From Environmental Emergencies''.
    (b) Implementing Amendments.--The Antarctic Conservation Act of 
1978 (16 U.S.C. 2401 et seq.) is amended--
            (1) in section 3--
                    (A) by striking ``and'' at the end of paragraph 
                (22);
                    (B) by striking the period at the end of paragraph 
                (23) and inserting a semicolon; and
                    (C) 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 Environmental Emergencies;
            ``(25) the term `environmental emergency' means any event 
        that occurs after the entry into force of Annex VI, and that 
        results in, or imminently 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 operator or a contractor or 
        subcontractor acting on behalf 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 activities 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;
            ``(28) the term `reasonable', as applied to `preventative 
        measures' and `response action', means measures or actions 
        which are appropriate, practicable, 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 reasonable measures 
        taken after an environmental emergency has occurred to avoid, 
        minimize or contain the impact of that environmental emergency, 
        which to that end may include clean-up in appropriate 
        circumstances, and includes determining the extent of that 
        emergency and its impact, except that for purposes of this Act, 
        the definition of `response' contained in section 101(25) of 
        the Comprehensive Environmental Response, Compensation, and 
        Liability Act (42 U.S.C. 9601(25)) shall not apply.'';
            (2) by inserting after section 4A the following:

``SEC. 4B. PREVENTATIVE MEASURES.

    ``(a) In General.--Operators shall undertake reasonable 
preventative measures that are designed to reduce the risk of 
environmental emergencies and their potential adverse impact.
    ``(b) Preventative Measures.--Such reasonable preventative measures 
may include--
            ``(1) specialized structures or equipment incorporated into 
        the design and construction of facilities and means of 
        transportation;
            ``(2) specialized procedures incorporated into the 
        operation or maintenance of facilities and means of 
        transportation; and
            ``(3) specialized training of personnel.

``SEC. 4C. CONTINGENCY PLANS.

    ``(a) In General.--Operators shall--
            ``(1) establish contingency plans for responses to 
        incidents with potential adverse impacts on the Antarctic 
        environment or dependent and associated ecosystems; and
            ``(2) cooperate in the formulation and implementation of 
        such contingency plans.
    ``(b) Contingency Plans.--Such contingency plans shall include, 
when appropriate, the following components:
            ``(1) procedures for conducting an assessment of the nature 
        of the incident;
            ``(2) notification procedures;
            ``(3) identification and mobilization of resources;
            ``(4) response plans;
            ``(5) training;
            ``(6) recordkeeping; and
            ``(7) demobilization.

``SEC. 4D. RESPONSE ACTION.

    ``An operator shall take prompt and effective response 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 information 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 operator's activities, as required 
        by section 4D; and
            ``(2) takes a response action to that environmental 
        emergency, such Government may bring a civil action against 
        that operator to recover the costs of such response action in 
        an appropriate district court in accordance with section 11.
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 Government.
    ``(b) Failure To Comply.--Failure of a Government to comply with 
the provisions of Article 5, paragraph 3, 4, or 5 of Annex VI shall not 
be a defense to liability under this section.
    ``(c) Strict Liability.--Liability pursuant to subsections (a), 
(e), (i), and (j) shall be strict.
    ``(d) Joint Liability.--When an environmental emergency arises from 
the activities of two or more nongovernmental operators, they shall be 
jointly and severally liable under subsection (a), (i), or (j), except 
that an operator which establishes that only part of the environmental 
emergency resulted from its activities shall be liable in respect of 
that part only.
    ``(e) Claims.--Any nongovernmental operator may seek contribution 
from any other nongovernmental operator 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 
contribution claims, the court may allocate response costs among liable 
parties using such equitable factors as the court determines are 
appropriate. Nothing in this subsection shall diminish the right of any 
person to bring an action for contribution in the absence of a civil 
action under subsection (a), (i), or (j).
    ``(f) Period in Which Actions May Be Brought.--
            ``(1) Response period.--An action under subsection (a) or 
        (i) must be commenced within three years of the commencement of 
        the response 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 operator be commenced later than 15 years after 
        the commencement of the response action.
            ``(2) Cost recovery period.--An action under subsection (e) 
        for contribution toward costs incurred pursuant to subsection 
        (a) or (i) must be commenced within three years of the date of 
        judgment in any action under subsection (a) or (i) 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 reasonably to have known the 
        identity of the nongovernmental operator.
            ``(3) Cost contribution period.--An action under subsection 
        (e) for contribution toward response costs assessed pursuant to 
        subsection (j) must be commenced within three years of the date 
        of the assessment or within three years of the date of any 
        judgment under subsection (j)(7), whichever is later.
    ``(g) Liability Cost Limit.--
            ``(1) Except as provided in paragraph (2), the maximum 
        amount for which each nongovernmental operator may be liable 
        for the costs of response actions under subsection (a), (i), or 
        (j), in respect of each environmental emergency, shall be as 
        follows:
                    ``(A) For an environmental emergency arising from 
                an event involving a ship--
                            ``(i) one million SDR for a ship with a 
                        tonnage not exceeding 2,000 tons; and
                            ``(ii) for a ship with a tonnage in excess 
                        of 2,000 tons, the following amount in addition 
                        to that referred to in clause (i):
                                    ``(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.
                                    ``(III) For each ton in excess of 
                                70,000 tons, 200 SDR.
                    ``(B) For an environmental emergency arising from 
                an event which does not involve a ship, 3,000,000 SDR.
            ``(2) Notwithstanding the paragraph (1), 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.
            ``(3) For the purposes of this subsection--
                    ``(A) `ship' means a vessel of any type whatsoever 
                operating in the marine environment 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 Monetary Fund; and
                    ``(C) a ship's tonnage shall be the gross tonnage 
                calculated in accordance with the tonnage measurement 
                rules contained in Annex I of the International 
                Convention on Tonnage Measurement of Ships, 1969.
    ``(h) Insurance Requirement.--Nongovernmental operators shall 
maintain adequate insurance or other financial security, such as the 
guarantee of a bank or similar financial institution, to cover 
liability under this section up to the limits set forth in subsection 
(g).
    ``(i) Civil Action.--Whenever, on the basis of information 
available to it, a department, agency, or other instrumentality of the 
United States (i) finds that a nongovernmental operator has failed to 
take prompt and effective response action to an environmental emergency 
arising from its activities, as required by section 4D, and (ii) takes 
a response action to that environmental emergency, 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 
appropriate district court in accordance with section 11 of this title. 
Any such operator found to have violated the requirements of section 4D 
shall be liable to the United States for the costs of the response 
action taken by said department, 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 instrumentality.
    ``(j) Notification.--Upon notice that a nongovernmental 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 response 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 paragraph (2), shall assess the cost 
        of the response action that should have been taken and may 
        assess the reasonable 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 
        paragraph (1) shall be conducted in accordance 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 administer 
        oaths. Witnesses summoned shall be paid the same fees and 
        mileage that are paid to witnesses in the courts of the United 
        States. In case of 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 
        such person to appear and give testimony before the Director or 
        to appear and produce documents 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 assessment 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 Commandant 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 operator's ship-based activities, 
                including any determination concerning the underlying 
                response activity; and
                    ``(B) conduct, on a non-reimbursable basis, an 
                investigation or an evidentiary hearing, necessary to 
                assess the cost of the response action that should have 
                been taken in the case of an environmental emergency 
                caused by the operator's ship-based activities, 
                including any determination concerning the underlying 
                response activity and to submit to the Director 
                proposed findings of fact and recommendations for 
                adjudication by the Director.
            ``(5) With regard to any investigation or evidentiary 
        hearing conducted pursuant to paragraph (4), the Director is 
        authorized to delegate, to the Commandant, the authority, set 
        forth in paragraph (2), 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 paragraph, 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 such 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 administrative 
        proceeding in accordance with paragraphs (1) and (2) 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 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 costs and such court shall have 
        jurisdiction to hear and decide any such action. The court 
        shall hear such action on the record made before 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.
    ``(k) Exception.--A nongovernmental operator shall not be liable 
pursuant to subsection (a), (e), (i), or (j) if it proves that the 
environmental 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 
        environmental 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 person or entity 
        against the activities of the operator.
    ``(l) Fees.--Any monetary recovery under subsections (a), (i), and 
(j) shall, in addition, include all reasonable attorney's fees and 
costs.
    ``(m) Article 12 Fund.--An amount equal to the amount recovered 
pursuant to subsection (l) 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.
    ``(n) Expenditure.--To the extent the department, agency, or other 
instrumentality of the United States retains 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 
available for expenditure, without further appropriation, until 
expended by that department, agency, or other instrumentality 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), 
                        (4) and (5), section 4D and section 6A''; and
                    (B) in subsection (b), by striking ``to implement 
                Annex IV to the Protocol and the provisions 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), by adding ``other than a Federal 
        department, agency, or instrumentality'' after ``person''; and
            (6) in section 11--
                    (A) by striking the section heading and inserting 
                ``jurisdiction of federal courts; venue, review of 
                regulations; 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 prescribed, or permit 
                issued, under this chapter.''; 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 chapter may be brought only in a district court 
in a jurisdiction where such person is located or resides or is doing 
business. A claim for contribution by a nongovernmental operator 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 section 2406 of this 
title, process may be served in any district where the defendant is 
found, resides, transacts business, or has appointed an agent for the 
service of process.''.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect upon the entry into force of Annex VI to the 
Protocol on Environmental Protection to the Antarctic Treaty.
                                 <all>