I to the Protocol, to provide for procedures to assess and verify the impact over time of any activity that proceeds following the completion of a comprehensive environmental evaluation and, as appropriate, the impact over time of activities that proceed after a determination that they are likely to have no more than a minor or transitory impact.

SECTION 9.-MARINE POLLUTION-AMENDMENTS TO THE ACT TO PREVENT POLLUTION FROM SHIPS, 33 USC 1901 ET SEQ.

(a) REFERENCES.-All references in this section to amendment or repeal mean amendment or repeal of a section, subsection or provision or the Act to Prevent Pollution from Ships (33 USC 1901 et seq.)

(b) DEFINITIONS.-Subsection (a) of section 1901 of Title 33 is amended—

(1) in paragraph (8) by striking "and" after the semicolon;

(2) in paragraph (9) by striking the period and inserting "; and"; and

(3) by adding at the end the following new paragraphs:

"(10) 'Antarctica' means the area south of 60 degrees south latitude; and "(11) '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."

(c) APPLICATION OF ANNEX IV OF THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY.-Section 1901 of Title 33 is further amended by adding a new subsection (c) as follows:

"(c) For the purposes of this chapter, the requirements of Annex IV of the Antarctic Protocol shall apply in Antarctica to all vessels over which the United States has jurisdiction, except for vessels listed in 33 U.S.C. 1902(b)."

(d) ADMINISTRATION.-Subsection (a) of section 1903 of Title 33 is amended by inserting in the first sentence ", Annex IV to the Antarctic Protocol" after "the MARPOL Protocol".

(e) REGULATIONS.-Subsection (b)(1) of section 1903 of Title 33 is amended by inserting ", Annex IV to the Antarctic Protocol” after "the MARPOL Protocol”. (f) VIOLATIONS.—

(1) Subsection (a) of section 1907 of Title 33 is amended by inserting in the first sentence ", Annex IV to the Antarctic Protocol" after "the MARPOL Protocol".

(2) Subsection (b) of section 1907 of Title 33 is amended by striking the fourth and fifth sentences and replacing them with the following:

"With respect to the MARPOL Protocol, upon completion of the investigation, the Secretary shall take the action required by the MARPOL Protocol and whatever further actions he or she considers appropriate under the circumstances. If the initial evidence was provided by a party to the MARPOL Protocol, the Secretary, acting through the Secretary of State, shall inform that party of the action taken or proposed. With respect to Annex IV to the Antarctic Protocol, upon completion of the investigation, the Secretary shall take any actions required by the Antarctic Protocol and whatever further actions he or she considers appropriate under the circumstances.” (g) PENALTIES.-Section 1908 of Title 33 is amended—

(1) in subsection (a) by inserting "Annex IV to the Antarctic Protocol," after "the MARPOL Protocol,";

(2) in subsection (b) by inserting "Annex IV to the Antarctic Protocol," after "the MARPOL Protocol," in both paragraphs (1) and (2);

(3) in subsection (d) by inserting "Annex IV to the Antarctic Protocol," after "the MARPOL Protocol,".

SECTION 10.-REPRESENTATIVE TO THE COMMITTEE FOR ENVIRONMENTAL PROTECTION

(a) The Secretary of State, with the concurrence of the Administrator, the Director and the Secretary, shall designate an officer or employee of the United States to be the United States representative to the Committee for Environmental Protection.

(b) The officer or employee designated shall have the technical qualifications necessary to serve in this capacity.

(c) The United States representative shall receive no additional compensation by reason of service as such representative.

SECTION 11.-OVERSIGHT

(a) REPORT AND ON-SITE INSPECTIONS.

(1) The Secretary of State, in conjunction with the Administrator and the Secretary, shall, at appropriate intervals of between two and five years, conduct an inspection of the United States Antarctic Program, including on-site inspections of stations, field camps, and operations, and review of any other relevant information, including information received from the Director, with a view to examining the overall compliance of the United States Antarctic Program with this Act and the Protocol.

(2) The inspection of the United States Antarctic Program shall be conducted by a team designated by the Secretary of State, the Administrator, and the Secretary. The team shall comprise no more members than are necessary and appropriate to carry out its mandate, and shall include technically qualified experts, both governmental and non-governmental.

(3) The National Science Foundation shall provide all transportation and logistical support necessary to allow the team to conduct the on-site inspections in Antarctica, and shall cooperate to the fullest extent possible in meeting requests for documents, other information, and assistance necessary for the inspection team to carry out its work. The costs of transportation to and from Antarctica shall be borne by the Department of State, the Environmental Protection Agency, and the Department of Commerce.

(4) The inspection team shall prepare a draft report which documents its findings. on the compliance of the United States Antarctic Program with the provisions of this Act and the Protocol, shall specify any examples of failures of compliance, and shall make recommendations. The inspection team shall provide the draft report to the Director for review and comment for a period not to exceed 120 days.

(b) PUBLICATION.-The final report of the inspection team, including any comments by the Director, shall promptly be made public. The Director shall publish notice of the report and the response in the Federal Register.

SECTION 12.-STUDY OF ANTARCTIC TOURISM

The Department of State shall coordinate an interagency study of tourism in Antarctica (including recommendations where appropriate) to determine whether or not additional measures should be taken with respect to Antarctic tourist activities. This study shall be completed within 24 months after the date of enactment of this Act.

SECTION 13.-RULE MAKING AND PETITION FOR REGULATIONS

(a) RULE MAKING.-Promulgation of regulations under this Act shall be in accordance with section 553 of Title 5.

(b) PETITION FOR REGULATIONS.-Any person may petition the implementing agency for the promulgation, amendment, or repeal of any regulation under this Act within its authority. Within 180 days of receipt of such a petition, the implementing agency shall grant or deny the petition. If the petition is denied, the implementing agency shall provide notice of such denial and the reasons therefor. If the petition is granted, the final regulations shall be promulgated within twenty-four months of the granting of the petition.

SECTION 14.-JUDICIAL REVIEW AND CITIZEN SUITS

SECTION 15.-ADMINISTRATIVE ENFORCEMENT

(a) ADMINISTRATIVE COMPLIANCE ORDERS.

(1) Whenever, on the basis of any information, the implementing agency determines that any person has violated or is in violation of any requirement of this Act, or any permit issued or regulation promulgated under this Act, such agency may, after notice and opportunity for a hearing in accordance with subsection (c) of this section, issue an order requiring compliance immediately or within a specified time period, or both.

(2) Upon the failure of any person against whom a compliance order is issued to take corrective action within the time specified in the order, and after notice and an opportunity for a hearing in accordance with subsection (c) of this section, the implementing agency may request the Attorney General to institute a civil action in either the U.S. District Court for the District of Columbia or for any district in which such person is found, resides or transacts business to enforce such order.

(b) ASSESSMENT OF PENALTIES.

(1) Any person who is found by the implementing agency, after notice and opportunity for a hearing in accordance with subsection (c) of this section, to have

committed any act prohibited by section 4 shall be liable to the United States for a civil penalty. The amount of the civil penalty shall not exceed 50,000 dollars for each violation. Each day of a continuing violation shall constitute a separate offense. The amount of such civil penalty shall be assessed by written notice. In determining the amount of such penalty, the implementing agency shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed, and, with respect to the violator, the degree of culpability, any history of prior offenses, any economic benefit derived from the violation, and such other matters as justice may require, to the extent such information is reasonably available to the implementing agency.

(2) The implementing agency may compromise, modify, or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section.

(c) HEARINGS.-Hearings for administrative actions under this section shall be conducted in accordance with section 554 of Title 5. For the purposes of conducting any such hearing, the implementing agency 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 contempt or refusal to obey a subpoena served upon any person under 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 implementing agency or to appear and produce documents before the implementing agency, or both, and any failure to obey such order of the court may be punished by such court as a contempt there

of.

(d) REVIEW OF ADMINISTRATIVE ACTIONS.-Any person against whom an administrative action has been taken under this section may obtain review thereof in the U.S. District Court for the District of Columbia by filing a complaint in such court within 30 days from the date of such order and by simultaneously sending a copy of such complaint, by certified mail to the implementing agency, the Attorney General and the appropriate United States Attorney. The implementing agency shall promptly file in such court a certified copy of the record upon which the violation was found or such penalty imposed, as provided in section 2112 of Title 28. Such court shall not set aside or remand such order unless there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or unless the implementing agency's assessment of the penalty constitutes an abuse of discretion. In any such proceeding, the United States may seek to recover the civil penalty assessed under this section.

(e) ACTION UPON FAILURE TO PAY ASSESSMENT.-If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the court has entered final judgment in favor of the Implementing agency, the implementing agency shall request the Attorney General of the United States to bring a civil action to recover the amount assessed in any appropriate district court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review.

(f) IN REM JURISDICTION.—Any vessel, vehicle or aircraft (including its gear, furniture, appurtenances, stores, and cargo) used in the commission of an act prohibited by section 4 shall be liable in rem for any civil penalty assessed for such violation under this section and may be proceeded against in any district court of the United States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.

SECTION 16.—CIVIL JUDICIAL ENFORCEMENT

(a) CIVIL JUDICIAL ENFORCEMENT.-Whenever, on the basis of any information, the implementing agency determines that a person has violated or is in violation of any requirement of this Act or any permit issued or regulation promulgated under this Act, such agency may request the Attorney General to commence a civil action in either the U.S. District Court for the District of Columbia, or for any district in which such person is found, resides, or transacts business, for appropriate relief, including a temporary or permanent injunction or to assess and recover a civil penalty not to exceed 50,000 dollars per day for each past or ongoing violation, or both. Each day of a continuing violation shall constitute a separate offense.

(b) FACTORS CONSIDERED IN DETERMINING AMOUNT.—In determining the amount of such penalty, the court shall take into account the nature, circumstances, extent,

and gravity of the prohibited acts committed, and, with respect to the violator, the degree of culpability, any history of prior offenses, any economic benefit derived from the violation, and such other matters as justice may require.

(c) IMMINENT HAZARD.-Notwithstanding any other provision of this Act, upon receipt of evidence that a person's past or present activities may present an imminent and substantial endangerment to human health or the environment in Antarctica, the Director, in consultation with the Administrator, may request the Attorney General to bring suit on behalf of the United States in either the U.S. District Court for the District of Columbia, or for any district in which such person is found, resides, or transacts business, against any person who has contributed to or who is contributing to such activities to restrain such person from such activities, to order such person to take other action as may be necessary, or both. The Director, in consultation with the Administrator, may also take other action under this section, including but not limited to issuing such orders as may be necessary to protect human health or the environment in Antarctica, and undertaking corrective action and recovering costs of such action.

SECTION 17.-CRIMINAL OFFENSES

(a) OFFENSES.-Any person who knowingly commits any act prohibited by section 4 shall, upon conviction, be punished by a fine of not more than $50,000 per day of the violation, or by imprisonment for not more than five years, or by both; except that if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any officer or employee of the United States carrying out the powers specified in section 19(b)(1), or places any such officer or employee in fear of imminent bodily injury, the maximum fine shall be as provided in Title 18 and the maximum Imprisonment shall be ten years. Each day of a continuing violation shall constitute a separate offense. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both twine and imprisonment.

(b) FEDERAL JURISDICTION.-There is federal jurisdiction over any offense described in subsection (a) of this section.

(c) OTHER CRIMINAL OFFENSES.-Nothing in this Act shall be construed to limit the jurisdiction of the United States over other criminal offenses which may occur in Antarctica.

SECTION 18.-CIVIL FORFEITURE

(a) IN GENERAL.-Any vessel, vehicle or aircraft (including its gear, furniture, appurtenances, stores and cargo), and any guns, traps, and other equipment used, and any animal, plant, Antarctic mineral resource (or the fair market value thereof), or other property recovered, taken, or possessed, in any manner, including any proceeds thereof, in connection with or as a result of the commission of any act prohibited by section 4 shall be subject to forfeiture to the United States. All or part of such vessel, vehicle or aircratt may, and all of any such animal, plant, or Antarctic mineral resource (or fair market value thereof), shall be forfeited to the United States pursuant to a civil proceeding under this section.

(b) JURISDICTION OF DISTRICT COURTS.-Any district court of the United States shall have jurisdiction, upon application by the Attorney General on behalf of the United States, to order any forfeiture authorized under subsection (a) of this section and any action provided for under subsection (d) of this section.

(c) JUDGMENT.—If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may seize any property or other interest declared forfeited to the United States, which has not previously been seized under this Act or for which security has not previously been obtained under subsection (d) of this section. The provisions of the customs laws relating to

(1) the seizure, forfeiture, and condemnation of property for violation of the customs law;

(2) the disposition of such property or the proceeds from the sale thereof; and (3) the remission or mitigation of any such forfeiture;

shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, unless such customs law provisions are inconsistent with the purposes, policy, and provisions of this Act, except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Customs Services shall, for the purposes of this Act, be exercised or performed by the implementing agency.

(d) PROCEDURE.—

(1) Any officer authorized to serve any process in rem which is issued by a court under this Act shall

(A) stay the execution of such process; or

(B) discharge any property seized pursuant to such process;

upon the receipt of a satisfactory bond or other security from any person claiming such property. Such bond or other security shall be conditioned upon such person (i) delivering such property to the appropriate court upon order thereof, without any impairment of its value, or (ii) paying the monetary value of such property pursuant to an order of such court. Judgment shall be recoverable on such bond or other security against both the principal and any sureties in the event that any condition thereof is breached, as determined by such court. Nothing in this paragraph flay be construed to require the implementing agency, except in such agency's discretion or pursuant to the order of a court, to release on bond any seized property or the proceeds from the sale thereof.

(2) Except as provided in subsection (e) of this section, any property seized under this Act may be sold, subject to regulations promulgated by the implementing agency, for not less than the fair market value thereof. The proceeds of any such sale shall be deposited with such court pending the disposition of the matter involved.

(e) DISPOSAL.-Notwithstanding any other provision of law, upon the forfeiture to the United States of any property or item described in subsection (a) of this section, or upon the abandonment or waiver of any claim to deny such property or item, it shall be disposed of by the implementing agency in such manner (including, but not limited to loan, sale, gift or destruction), consistent with the purposes of the Act, as may be prescribed by regulation; except that no native mammal, native bird, or native plant may be disposed of by sale to the public.

SECTION 19.-POWERS OF AUTHORIZED ENFORCEMENT OFFICERS AND EMPLOYEES

(a) GENERAL RESPONSIBILITY.—The provisions of the Act and of any regulation promulgated or permit issued under this Act shall be enforced by the authorized officers or employees designated by the Director, the Secretary, the Administrator, the Secretary of the Treasury, the Secretary of the department in which the Coast Guard is operating or the Secretary of State. Each such agency may by agreement, on a reimbursable basis or otherwise, utilize the personnel, services, equipment (including aircraft and vessels) and facilities or any other department or agency of the United States in the performance of such duties.

(b) SPECIFIC POWERS.-Any officer or employee of the United States who is authorized (by an enforcing agency, or the head of any department or agency of the United States which has entered into an agreement with an enforcing agency under subsection (a) of this section) to enforce the provisions of this Act and of any regulation promulgated or hermit issued under this Act may

(1) secure, execute, and serve any order, warrant, subpoena, or other process, which is issued under the authority of the United States or by any court of competent jurisdiction;

(2) with or without a warrant or other process

(A) search any person, place, vessel, vehicle, or aircraft subject to the provisions of this Act where there are reasonable grounds to believe that evidence of a violation of this Act will be found;

(B) board, and search or inspect, any vessel, vehicle or aircraft subject to the provisions of this Act;

(C) seize any evidence relating to a violation of this Act;

(D) seize any animal, plant, Antarctic mineral resource, prohibited product or prohibited waste, wherever such item may be found, which is or has been recovered, taken or possessed in violation of this Act;

(E) seize any vessel vehicle or aircraft subject to the provisions of this Act (including its gear, furniture, appurtenances, stores and cargo), or any guns, traps or other equipment used in, or that reasonably appears to have been used in, a violation of this Act;

(F) detain for inspection and inspect any package, crate, or other container, including its contents, and all accompanying documents, upon importation into or exportation from, the United States; and

(G) arrest any person, if he or she has reasonable cause to believe that such person has committed an act prohibited by section 4;

(2) offer and pay a reward to any person who furnishes information which leads to an arrest, conviction, civil penalty assessment, permit sanction, compliance order, injunction, or forfeiture of property for any violation of any provision of this Act;