[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.
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