[Congressional Record Volume 142, Number 84 (Monday, June 10, 1996)]
[House]
[Pages H6084-H6089]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             ANTARCTIC ENVIRONMENTAL PROTECTION ACT OF 1996

  Mr. WALKER. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 3060) to implement the Protocol on Environmental Protection 
to the Antarctic Treaty.
  The Clerk read as follows:

                               H.R. 3060

       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 Environmental 
     Protection Act of 1996''.
     TITLE I--AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978

     SEC. 101. FINDINGS AND PURPOSE.

       Section 2 of the Antarctic Conservation Act of 1978 (16 
     U.S.C. 2401) is amended to read as follows:

     ``SEC. 2. FINDINGS AND PURPOSE.

       ``(a) Findings.--The Congress finds that the Antarctic 
     Treaty and the Protocol on Environmental Protection to the 
     Antarctic Treaty establish a firm foundation for the 
     comprehensive protection of the Antarctic environment, the 
     continuation of international cooperation, and the freedom of 
     scientific investigation in Antarctica.
       ``(b) Purpose.--The purpose of this Act is to provide 
     legislative authority to implement, with respect to the 
     United States, the Protocol on Environmental Protection to 
     the Antarctic Treaty.''.

     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 a historic site or monument pursuant to 
     Annex V to the Protocol;

[[Page H6085]]

       ``(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 is 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 Islands, 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 Antarctica;
       ``(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 or 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 
     quality 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 the 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 considerations 
     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

[[Page H6086]]

     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 regulations 
     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 joint 
     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 Environmental Protection 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 ``within 
     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 in 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 to 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 that 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 Environmental Protection 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 Environmental Protection 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 
     Environmental Protection 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--AMENDMENTS TO ANTARCTIC PROTECTION ACT OF 1990

     SEC. 201. FINDING AND PURPOSE.

       Section 2 of the Antarctic Protection Act of 1990 (16 
     U.S.C. 2461) is amended to read as follows:

     ``SEC. 2. FINDING AND PURPOSE.

       ``(a) Finding.--The Congress finds that the Protocol on 
     Environmental Protection to the Antarctic Treaty prohibits 
     indefinitely Antarctic mineral resource activities.
       ``(b) Purpose.--The purpose of this Act is to provide 
     legislative authority to implement, with respect to the 
     United States, Article 7 of the Protocol on Environmental 
     Protection to the Antarctic Treaty.''.

     SEC. 202. PROHIBITION OF ANTARCTIC MINERAL RESOURCE 
                   ACTIVITIES.

       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

[[Page H6087]]

     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''.

     SEC. 203. ADDITIONAL AMENDMENTS.

       (a) Repeals.--Sections 5 and 7 of the Antarctic Protection 
     Act of 1990 (16 U.S.C. 2464 and 2466) are repealed.
       (b) Redesignation.--Section 6 of the Antarctic Protection 
     Act of 1990 (16 U.S.C. 2465) is redesignated as section 5.
    TITLE III--AMENDMENTS TO THE ACT TO PREVENT POLLUTION FROM SHIPS

     SEC. 301. AMENDMENTS.

       (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 (10) of 
     subsection (a) as paragraphs (3) through (12), 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania [Mr. Walker] and the gentleman from California [Mr. Brown] 
each will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania [Mr. Walker].
  Mr. WALKER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise today to bring before the House of 
Representatives H.R. 3060, the Antarctic Environmental Protection Act 
of 1996. I, along with Congresswoman Connie Morella, Congressman Tom 
Davis, Congressman George Brown, and 16 other members from the Science 
Committee, introduced H.R. 3060 on March 12, 1996, to enable the United 
States to implement the 1991 Protocol on Environmental Protection to 
the Antarctic Treaty.
  Madam Speaker, Antarctica is a true environmental and scientific 
treasure. It is a wilderness of vast proportions, accounting for 10 
percent of the total land mass of the world, more than the United 
States and Mexico combined. From penguins to killer whales, Antarctica 
is also home to an abundance of fish and wildlife. Equally important, 
Antarctica's mile-deep sheet of ice and snow stores an estimated 90 
percent of the Earth's fresh water. This vast frozen glacier influences 
sea level, global tides, and atmospheric processes.
  Antarctica is not just a natural wonder but an almost boundless 
scientific laboratory which has already yielded great insights on the 
nature of the world we inhabit. Antarctica is the ideal platform for 
scientific research on complex questions of atmospheric chemistry and 
thermodynamics which will increase our understanding of global 
environmental phenomena such as climate change, ocean circulation, and 
stratospheric ozone depletion. Antarctica also can increase our 
understanding of the forces of evolution and produce commercialization 
opportunities in the field of biochemistry through biological 
breakthroughs such as the discovery of fish containing antifreeze 
proteins hundreds of times more effective than their synthetic chemical 
counterparts.
  There is little question that the scientific value of Antarctica is 
directly tied to the pristine nature of its environment. Conversely, 
much of the research done in the Antarctic is vital to the 
understanding of our global environment. If we impose too onerous 
restrictions on American researchers, our ability to understand the 
world's environment will suffer. H.R. 3060 charts a middle course, one 
that I am confident will preserve Antarctica as the Earth's best 
environmental laboratory.
  Madam Speaker, H.R. 3060 provides the legislative authority necessary 
for the United States to implement the 1991 Protocol on Environmental 
Protection to the Antarctic Treaty. The protocol represents an 
important addition to the uniquely successful system of peaceful 
cooperation and scientific research that has evolved under the 
Antarctic Treaty of 1959. Originally, 12 nations including the United 
States and the Soviet Union signed the landmark treaty, which entered 
into force June 23, 1961, preserving Antarctica as a peaceful haven for 
scientific research at the height of the cold war. Since that time, 14 
additional nations have acceded to the treaty, making up the current 
list of 26 consultative parties.
  In 1991 the consultative parties agreed to strengthen the Antarctic's 
environmental protections through a Protocol on Environmental 
Protection. The protocol builds upon the Antarctic Treaty in an effort 
to improve the treaty's protections for the Antarctic environment. The 
protocol reaffirms the treaty's use of Antarctica exclusively for 
peaceful purposes and accords priority to scientific research among the 
permitted activities.
  The protocol prohibits mineral resource activities, other than for 
scientific research, in Antarctica. Its annexes, which form an integral 
part of the protocol, set out specific rules on environmental impact 
assessment, conservation of Antarctic fauna and flora, waste disposal 
and management, the prevention of marine pollution, and area protection 
and management.

[[Page H6088]]

  The protocol, however, is not self-executing. It requires each of the 
consultative parties to enact instruments of ratification to codify the 
terms of the protocol before it can enter into force.
  To date, 20 of the 26 consultative parties have ratified the 
protocol. The six nations which have yet to take action are: Belgium, 
Finland, India, Japan, Russia, and of course the United States. The 
United States took its first step to ratifying the protocol in 1992 
when the U.S. Senate gave its advice and consent to ratification of the 
protocol. Now, the United States must enact the Antarctic Environmental 
Protection Act of 1996 to become a party to the protocol. Passage of 
H.R. 3060 will be a powerful incentive to Belgium, Finland, India, 
Japan, and Russia to expeditiously ratify the protocol.
  Madam Speaker, the two previous Congresses failed to ratify the 1991 
Environmental Protocol to the Antarctic Treaty. Time is running out. 
The 104th Congress has a historic opportunity to protect the Earth's 
largest remaining wilderness. The rest of the world is waiting to see 
if the United States is serious about protecting Antarctica.
  H.R. 3060 now has over 28 cosponsors, I want to thank, in particular, 
Congresswoman Morella and Congressman Brown for their tireless support 
of this bill. This legislation has been a truly bipartisan effort and 
is a testament to what can be accomplished when rhetoric is replaced by 
reason.
  Madam Speaker, I am proud to say that H.R. 3060 enjoys universal 
support. Today, all Members should have received in their offices a 
letter from the League of Conservation Votes, the Antarctic Project, 
World Wildlife Fund, Greenpeace, Sierra Club, and the Antarctic and the 
Southern Ocean Coalition, urging them to support the bill. The National 
Science Foundation and the Department of State have also testified in 
support of enactment of H.R. 3060.
  Madam Speaker, if you care about environmental research, 
environmental conservation or simply support living up to U.S. 
international commitments, you should support H.R. 3060. I urge all my 
colleagues to join me in voting for H.R. 3060.

                              {time}  1600

  Madam Speaker, I reserve the balance of my time.
  Mr. BROWN of California. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I rise in strong support of H.R. 3060, which will 
allow the United States to implement the Protocol on Environmental 
Protection to the Antarctic Treaty.
  I am pleased that the Science Committee has acted on a bipartisan 
basis to help preserve one of the last pristine regions of the globe 
and to ensure that Antarctica's enormous value as a scientific 
laboratory is not degraded. I congratulate Chairman Walker for moving 
the bill expeditiously in committee and for his efforts in working with 
the other committees of jurisdiction in order to bring the bill before 
the House with dispatch.
  The Antarctic Treaty has been a noteworthy success for more than 35 
years in providing a framework for international collaboration in 
scientific research. The Environmental Protocol builds on the Antarctic 
Treaty to extend and improve the treaty's effectiveness for ensuring 
the protection of the Antarctic environment. It designates Antarctica 
as a natural reserve, devoted to peace and science, and sets forth 
environmental protection principles and specific rules applicable to 
all human activities on the continent.
  The need to protect the Antarctic environment is fully understood by 
the scientists from many nations who conduct research there in a broad 
range of areas in the physical and biological sciences. Antarctica is 
especially important as a research platform for studies of world 
climate and global environmental change. But it is also a unique 
laboratory for research in specialized areas of astronomy and 
astrophysics and in biology for studying such effects as adaptation of 
organisms under environmental extremes. Failure to ratify the protocol 
could impair much of this research.
  The Antarctic Treaty parties have devised the Environmental Protocol 
to provide a set of principles and procedures that will ensure that all 
nations institute effective environmental safeguards. The protocol has 
received broad support because it was developed through consultation 
with the research community and with the nongovernmental organizations 
that are advocates for the environment.
  The protocol was signed in 1991 and was approved by the Senate well 
over 3 years ago. It is time--it is past time for the United States to 
move forward to final ratification.
  The remaining hurdle to ratification is the requirement to provide 
new legislative authority to enable enforcement by Federal agencies of 
all provisions of the protocol. There has been disagreement in the past 
about how best to ensure that the provisions of the Environmental 
Protocol are enforced, while avoiding excessive disruption to the 
Antarctic research program. But as was confirmed by a hearing before 
the Science Committee this past April, we now have in H.R. 3060 a bill 
which finds an acceptable compromise for balancing environmental 
protection concerns against the value of the scientific research 
program.
  H.R. 3060 has been endorsed by scientists, by environmentalists, and 
by the Federal agencies responsible for administering the U.S. national 
program in Antarctica. All recognize the importance of protecting this 
unique world resource, while allowing the valuable research carried out 
there to go forward. Passage of H.R. 3060 today by the House will move 
the United States closer to final ratification of the protocol and will 
help spur action by the remaining nations which have not completed 
ratification.
  Madam Speaker, H.R. 3060 is a bipartisan bill that will ensure that a 
sensible and comprehensive environmental protection regime is 
instituted to govern all international activities conducted in 
Antarctica. The bill has been enthusiastically endorsed by those most 
affected by its provisions and closest to the issues involved. I urge 
my colleagues to support passage of this measure.
  Madam Speaker, I reserve the balance of my time.
  Mr. WALKER. Madam Speaker, I yield 5 minutes to the gentlewoman from 
Maryland [Mrs. Morella].
  Mrs. MORELLA. I thank the gentleman for yielding me the time.
  Madam Speaker, as an ardent long-time supporter for the protection of 
the Antarctic Continent and its surrounding seas, I am proud to be a 
very strong original cosponsor of H.R. 3060, the Antarctic 
Environmental Protection Act.
  It is now 4\1/2\ years since the United States signed the Antarctic 
Treaty and the Antarctic Treaty consultative parties opened for 
signature and protocol on environmental protection. This protocol, 
which was initiated by the United States, has been under consideration 
by Congress during both the Bush administration and the early years of 
the Clinton administration, but has not been ratified by Congress. This 
bill would do that.
  I am extremely grateful for the encouragement, prompt response and 
the leadership shown by Chairman, Bob Walker. I also want to thank the 
ranking member, George Brown, and the other cosponsors of this bill.
  The bill reflect diligent work with the National Science Foundation, 
the State Department and a group of four environmental organizations 
which monitor Antarctic activities to produce a bill which succinctly 
lays out the specifics for guaranteeing environmental protection of the 
Antarctic and its reservation for purely scientific research. It has 
truly been a cooperative effort among all interested parties.
  I think that the most spectacular benefit has been that the bill that 
we see before us represents a no-reservations consensus. I want to 
personally thank Chairman Walker, who has been so positive in leading 
this process forward. it does show we can work together on a bipartisan 
basis.
  Madam Speaker, many of us feel that Antarctica is very, very far 
away. I visited there 2 years ago. After the long flight to New 
Zealand, a brief stop to suit up at Christchurch, and then a 2,400 mile 
flight to McMurdo Station, I too, felt it was a long way from 
Washington. However, the Antarctic symbolize the essence of basic 
science research in which the United States as clearly established a 
leadership role.

[[Page H6089]]

  Presently, 20 countries out of the 26 of the Antarctic Treaty 
consultative parties have signed the protocol. Most of these countries 
signed the treaty at Madrid on October 4, 1991. With passage of H.R. 
3060 today and, hopefully, swift agreement with the Senate bill that 
passed the Commerce Committee last week, America will act as a beacon 
to guide the remaining countries, Russia, Japan, India, Belgium and 
Finland, to complete the action.
  This protocol reaffirms the treaty's reservation of the Antarctic as 
an area set aside for peaceful purposes and specifically for scientific 
research. It will protect fauna and flora from the effects of human 
activities, impose strict limits on the discharge of pollutants, and 
require environmental impact assessments of all planned governmental 
and nongovernmental activities. It also protects the Antarctic from all 
activities except scientific research relating to mineral resources for 
at least 50 years, unless the there is unanimous agreement of the 
treaty parties.
  Let me just briefly highlight a few of the 136 exciting and unique 
scientific experiments currently going on in Antarctica or dependent on 
it. These are activity supported by the National Science Foundation. 
For example, there is research by an Augustana College geologist 
involving a hunt for dinosaurs and other animal remains from as early 
as the Triassic period.
  Equally intriguing is research led by the University of Wisconsin and 
the University of California at Berkeley and Irvine, with others, using 
the largest neutrino detector on earth to look for those high energy 
subatomic particles that are spawned by supernovas or other sources 
beyond our galaxy.

  The West Antarctic ice cover is being studied by the University of 
Texas at Austin, again with others, for its rapid and dramatic changes 
that can lend insight into our effort to learn about the potential rise 
in sea level across the globe.
  Then, too, studies led by Johns Hopkins University involve the launch 
of one of the world's largest solar telescopes beneath a huge balloon 
to help understand magnetic fields at the sun's surface.
  On a more commercial note, a Coast Guard ship is now being built in a 
partnership with the National Science Foundation. This is an unusual 
cooperative adventure, and construction is now underway.
  I urge the House to pass H.R. 3060 as a major step toward carrying 
out our treaty obligations agreed to in 1991. With support from the 
House Committee on Science, the Department of State, the National 
Science Foundation, and representatives from the Antarctica Project, 
Greenpeace U.S., Greenpeace International, and the World Wildlife Fund, 
this legislation will establish and codify the work of many nations in 
the Antarctic.
  Madam Speaker, I urge support of this House for the legislation.


                             general leave

  Mr. BROWN of California. Madam Speaker, I ask unanimous consent that 
all Members have 5 legislative days to revise and extend their remarks 
in connection with the bill before us.
  The SPEAKER pro tempore (Ms. GREENE of Utah). Is there objection to 
the request of the gentleman from California?
  There was no objection.
  Mr. SCHIFF. Madam Speaker, the bill before us today is H.R. 3060, the 
Antarctic Environmental Protection Act of 1996. As chairman of the 
Basic Research Subcommittee, our committee has jurisdiction over the 
National Science Foundation, the agency who will be most impacted by 
this bill. They strongly support this bill and my compliments to both 
sides of the aisle for all their hard work on crafting this 
legislation.
  H.R. 3060 provides the legislative authority necessary for the United 
States to implement the 1991 Protocol on Environmental Protection to 
the Antarctic Treaty. The protocol, which resulted from a United States 
initiative, represents an important addition to the uniquely successful 
system of peaceful cooperation and scientific research that has evolved 
under the Antarctic Treaty.
  The U.S. Senate gave its advice and consent to ratification of the 
protocol in 1992. All that remains for the United States to become a 
party to the protocol is to enact the necessary implementing 
legislation.
  Implementation of the protocol has been a priority of both 
Republicans and Democrats since the protocol was negotiated in 1991. 
The protocol builds upon the Antarctic Treaty to improve the treaty's 
effectiveness for ensuring the protection of the Antarctic environment.
  I feel this bill reflects America's continued commitment to the 
protection of the Antarctic environment. I urge my colleagues to 
support the bill.
  Mr. PORTER. Madam Speaker, I rise in strong support of H.R. 3060. 
This bill will implement the Protocol on Environmental Protection to 
the Antarctic Treaty that the United States and 25 other countries 
agreed to in 1991. The protocol builds upon the Antarctic Treaty to 
extend and improve the treaty's effectiveness as a means for protecting 
the Antarctic environment.
  The Antarctic Continent is larger than the United States and Mexico 
combined and represents 10 percent of the Earth's land mass. Antarctica 
has a central role in regulating the Earth's environmental processes 
and possesses an abundance of fish and wildlife. The unique nature of 
the region also provides a research environment that is crucial to 
understanding and monitoring global warming, ozone depletion and 
atmospheric pollution.
  The protocol reaffirms the status of the Antarctica as an area 
reserved exclusively for peaceful purposes, including in particular 
scientific research, and sets forth a comprehensive, legally binding 
system of environmental protection applicable to all human activities 
in Antarctica. In addition, by ratifying this protocol, the United 
States is providing international leadership. Of the 26 nations that 
signed the protocol, only 22 have ratified it. With the U.S. 
commitment, it is believed that the remaining three countries will soon 
become parties to the protocol.
  I urge all Members to support this importance legislation.
  Mr. BROWN of California. Madam Speaker, I have no further requests 
for time, and I yield back the balance of my time.
  Mr. WALKER. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Walker) that the House suspend the 
rules and pass the bill, H.R. 3060.
  The question was taken.
  Mr. WALKER. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________