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[House Report 111-331]
[From the U.S. Government Publishing Office]

111th Congress                                            Rept. 111-331
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part I

======================================================================

 
                         CLEAN HULL ACT OF 2009

                                _______
                                

November 7, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Oberstar, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 3618]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3618) to provide for implementation 
of the International Convention on the Control of Harmful Anti-
Fouling Systems on Ships, 2001, and for other purposes, having 
considered the same, report favorably thereon without amendment 
and recommend that the bill do pass.

                       Purpose of the Legislation

    H.R. 3618, the ``Clean Hull Act of 2009'', provides for the 
implementation of the International Convention on the Control 
of Harmful Anti-Fouling Systems on Ships 2001, and for other 
purposes.

                  Background and Need for Legislation

    The fouling of a vessel's surface can produce many serious 
consequences.\1\ For example, fouling on a vessel's hull 
increases the ship's weight and slows it progress through the 
water, causing the vessel to burn additional fuel. Untreated, a 
deep draft tank vessel's hull can accumulate up to 6,000 tons 
of fouling material in less than six months of exposure to sea 
water.\2\ Such fouling can increase a vessel's fuel consumption 
by up to 40 percent, causing significant economic and 
environmental impacts.\3\ Antifouling is the process of 
removing or preventing the accumulation of biological fouling 
organisms. It is estimated that total expenditures on 
antifouling applications for commercial and recreational 
vessels exceeds $700 million a year.\4\
---------------------------------------------------------------------------
    \1\Biological fouling is defined by the International Maritime 
Organization (IMO) as the unwanted accumulation of microorganisms, 
algae, mussels, plats, or other ``biological material'' on structures 
that are ``immersed in water''. There are more than 4,000 species of 
biological organisms that can foul an immersed surface.
    \2\IMO, Anti-Fouling Systems, (2002).
    \3\AMBIO, What is Biofouling and How Will the AMBIO Project Help to 
Solve it Through Nanotechnology (2002).
    \4\Id.
---------------------------------------------------------------------------
    In the 1960s, antifouling coatings based on tributyltin 
(TBT) were developed. This product was so successful that, by 
the 1970s, it was the standard antifouling application 
throughout the shipping industry. As the number of vessels 
using antifouling paints containing TBT increased, scientists 
began to find high concentrations of TBT in marinas, ports and 
harbors that had a large number of boats and vessels. 
Eventually, high TBT levels were discovered in the open seas 
and oceanic waters. TBT has been noted as ``the most toxic 
substance ever deliberately introduced into the marine 
environment.''\5\
---------------------------------------------------------------------------
    \5\Antarctic Treaty Consultative Meeting 2006, The Use of Anti-
fouling Biocide Paints by National Antarctic Program Vessels (2006).
---------------------------------------------------------------------------
    In October 2001, IMO adopted the International Convention 
on the Control of Harmful Anti-fouling Systems on Ships, which 
entered into force on September 17, 2008, after 25 States 
representing 25 percent of the international commercial 
shipping tonnage adopted the Convention.
    Countries that became parties to the Convention were 
required to ban the new application of TBT coatings by January 
1, 2003, and to ensure that all vessels that had a TBT-based 
coating removed the coating or covered it with a barrier 
through which it could not leach by January 1, 2008. Parties to 
the Convention must also ensure that no vessel of a party using 
antifouling paint containing TBT will be allowed in their 
ports, shipyard, or offshore terminal.
    In the United States, antifouling systems containing 
organotins, including TBT, are currently regulated under the 
Organotin Anti-Fouling Paint Control Act of 1988 (OAPCA), 33 
U.S.C. Sec. Sec. 2401-2410 (2009). The OAPCA prohibits 
organotin-based antifouling paints on vessels less than 25 
meters (excluding aluminum hulls, outboard motors, and external 
drive units), and limits the leaching rate of antifouling 
paints on larger vessels. Under the OAPCA, the sale, purchase, 
and application of antifouling paint containing organotins were 
banned.
    In 2008, the Senate ratified the Convention and the Bush 
administration submitted draft legislation to implement the 
requirements of the Convention for purposes of U.S. law. The 
United States will not become a party to the Convention until 
implementing legislation is enacted.
    It is important for the United States to become a party to 
the Convention to not only replace the OAPCA, but also to ban 
vessels using antifouling paint containing TBT from entering 
the country and continuing to pollute the marine environment.

                       Summary of the Legislation

Section 1. Short title

    Section 1 states that the Act may be referred to as ``The 
Clean Hull Act of 2009.''

                      Title I--General Provisions

Sec. 101. Definitions

    Section 101 defines several terms for purposes of the Act.

Sec. 102. Covered vessels

    Section 102 requires that, after the Convention enters into 
force for the United States, the Act shall apply to a vessel 
documented under chapter 121 of title 46, United States Code, 
or one that is operated under authority of the United States 
wherever located; any vessel permitted by a Federal agency to 
operate on the Outer Continental Shelf; or any other vessel if 
it is in the internal waters of the United States, in any port, 
shipyard, offshore terminal or other place in the United 
States, lightering in the territorial sea or anchoring in the 
territorial sea of the United States.
    This section also lists the vessels excluded from the Act, 
including any warship, naval auxiliary or other ship owned or 
operated by a foreign State, and used, for the time being, only 
on government non-commercial service and any warship, naval 
auxiliary or any other ship owned or operated by the United 
States and used for the time being only on Government non-
commercial service, provided that the Administrator of the 
Environmental Protections Agency (Administrator) may determine 
that some or all of the requirements under this Act shall apply 
to one or more classes of such ships, but any such 
determination by the Administrator is subject to the 
concurrence of the head of the Federal department or agency 
under which such ships operate. In no event shall these 
requirements apply to combat-related ships.

Sec. 104. Administration and enforcement

    Section 104 requires the Secretary of the department in 
which the Coast Guard is operating (Secretary) to administer 
and enforce the Convention and this Act, with respect to 
vessels, unless otherwise specified. This section requires the 
Administrator to administer and enforce title III of this Act, 
with the exception of sections 301(b) and 301(c) and authorizes 
the Administrator and Secretary to prescribe and enforce 
regulations as may be necessary to carry out their respective 
responsibilities under this Act.

Sec. 105. Compliance with international law

    Section 105 requires that any action taken under this Act 
be taken in accordance with treaties to which the United States 
is a party and other international obligations of the United 
States.

Sec. 106. Utilization of personnel, facilities or equipment of other 
        federal departments and agencies

    Section 106 authorizes the Secretary and Administrator, by 
agreement, to utilize personnel, facilities or equipment of 
other Federal departments and agencies, with or without 
reimbursement to administer the Convention, this Act, or any 
regulations thereunder.

               Title II--Implementation of the Convention

Sec. 201. Certificates

    Section 210(a) requires any vessel of at least 400 gross 
tonnage that engages in one or more international voyages 
(except fixed or floating platforms, floating storage units 
(FSUs) and floating production, storage and offloading (FPSOs)) 
to carry an International Antifouling System Certificate upon 
the Convention's entry into force in the United States.
    This section also requires a ship of at least 400 gross 
tons that engages in one or more international voyages (except 
fixed or floating platforms, FSUs and FPSOs) that has completed 
a successful survey required by the Convention, to be issued an 
International Antifouling System Certificate upon the 
Convention's entry into force in the United States. The 
Secretary is authorized to issue the Certificate required by 
this section, or may delegate the authority to an organization 
the Secretary determines is qualified to undertake such 
responsibility.
    This section also states that the Certificate required by 
this section shall be maintained as required by the Secretary 
and authorizes a Certificate issued by a country that is a 
party to the Convention to have the same validity as a 
Certificate issued by the Secretary under this section.
    Notwithstanding subsection (a), section 201 allows a ship 
of 400 gross tonnage and above, having the nationality of or 
entitled to fly the flag of a country that is not a party to 
the Convention, to demonstrate compliance through other 
documentation deemed acceptable by the Secretary.

Sec. 202. Declaration

    Section 202 requires a vessel of 24 meters or more in 
length, but less than 400 gross tons, engaged on an 
international voyage (except fixed or floating platforms, FSUs 
and FPSOs) to carry a declaration signed by the owner or 
owner's authorized agent. The declaration shall be accompanied 
by appropriate documentation, such as paint receipt or a 
contractor invoice, or contain an appropriate endorsement and 
must contain a clear statement that the antifouling system on 
the ship complies with the Convention. The Secretary is 
authorized to prescribe the form and other requirements of the 
declaration.

Sec. 203. Other compliance documentation

    Section 203 authorizes the Secretary to require vessels to 
hold other documentation deemed necessary to verify compliance 
with this Act in addition to the requirements under sections 
201 and 202.

Sec. 204. Process for considering additional controls

    Section 204 authorizes the Administrator to participate in 
the technical group, described in article 7 of the Convention, 
and in any other body convened pursuant to the Convention for 
the consideration of new or additional controls on antifouling 
systems; evaluate any risks of adverse effects on non-target 
organisms or human health presented by a given antifouling 
system; undertake an assessment of relevant environmental, 
technical and economic considerations necessary to evaluate any 
proposals for new or additional controls of antifouling 
systems, including benefits in the United States and elsewhere, 
associated with the production and uses of the subject 
antifouling system; and develop recommendations based on such 
assessment.
    This section requires the Secretary of State to convene a 
public meeting of the Shipping Coordinating Committee upon 
referral of any antifouling system to the technical group 
described in article 7 of the Convention, for consideration of 
new or additional controls. The purpose of the meeting will be 
to receive information and comments regarding controls on such 
antifouling system. Advanced notice of such meeting shall be 
published in the Federal Register and on the State Department's 
website by the Secretary of State. The Administrator shall 
assemble and maintain a public docket containing notices 
pertaining to such meeting, any comments responding to such 
notices, the minutes of such meeting, and materials presented 
at such meeting.
    The Administrator shall promptly make any report by the 
technical group described in the Convention available to the 
public through the docket established pursuant to this section 
and announce the availability of such report in the Federal 
Register. The Administrator shall provide an opportunity for a 
public comment for a period of not less than 30 days from the 
time the availability of the report is announced in the Federal 
Register. Where practicable, the Administrator shall take such 
comments into consideration in developing recommendations 
pursuant to this section.

Sec. 205. Scientific and technical research and monitoring; 
        communication and information

    Section 205 authorizes the Secretary, Administrator, and 
the Administrator of the National Oceanic and Atmospheric 
Administration to each undertake scientific and technical 
research and monitoring pursuant to article 8 of the Convention 
and to promote the availability of relevant information 
concerning the scientific and technical activities undertaken 
in accordance with the Convention; marine scientific and 
technological programs and their objectives; and the effects 
observed from any monitoring and assessment programs relating 
to antifouling systems.

Sec. 206. Communication and exchange of information

    Section 206 requires the Administrator to provide, to any 
party to the Convention who requests it, relevant information 
on which the decision to regulate was based, including 
information provided for in annex 3 to the Convention, or other 
information suitable for making an appropriate evaluation of 
the antifouling system; provided that, this section shall not 
be construed to authorize the provision of information whose 
disclosure is otherwise prohibited by law.

           Title III--Prohibitions and Enforcement Authority

Sec. 301. Prohibitions

    Notwithstanding any other provision of law, section 301 
prohibits a person from selling or distributing organotin or an 
antifouling system containing organotin; manufacturing, 
processing, or using organotin to formulate an antifouling 
system; or applying an antifouling system containing organotin 
on any ship to which this Act applies.
    This section also prohibits vessels from bearing any 
antifouling system containing organotin on its hull or outer 
surface, regardless of when the system was applied, unless that 
vessel bears an overcoating that forms a barrier to organotin 
leaching from the underlying antifouling system.
    However, these hull restrictions do not apply to fixed and 
floating platforms, FSUs, or FPSOs that were constructed prior 
to January 1, 2003, and that have not been in dry dock on or 
after that date.
    In addition, this section does not apply to the sale, 
distribution, or use pursuant to any agreement between the 
Administrator and any person that results in an earlier 
prohibition or cancellation date than specified in this Act, or 
the manufacture, processing, formulation, sale, distribution, 
or use of organotin or antifouling systems containing organotin 
used or intended for use only for sonar domes or in 
conductivity sensors in oceanographic instruments.

Sec. 302. Investigations and inspections by secretary

    Section 302 authorizes the Secretary to conduct 
investigations and inspections regarding a vessel's compliance 
with this Act or the Convention. If an investigation is being 
conducted under this section, the Secretary may issue subpoenas 
to require the attendance of witnesses and the production of 
documents and other evidence. If a person refuses to obey a 
subpoena issued to them, the Secretary may request the Attorney 
General to invoke the aid of the appropriate district court of 
the United States to compel compliance. After the investigation 
is completed, the Secretary may take whatever further action 
considered by the Secretary to be appropriate under the 
Convention or this Act. The Secretary may cooperate with other 
parties to the Convention to detect violations and enforce the 
Convention. This section does not affect or alter requirements 
under any other laws.

Sec. 303. EPA enforcement

    For purposes of enforcing the provisions of title III, 
section 303 authorizes officers or employees of the 
Environmental Protection Agency or of any State designated by 
the Administrator to enter any location, at reasonable times, 
where organotin or antifouling systems containing organotin are 
held with the authority to inspect and obtain samples of any 
container or labeling for organotin or other substance or 
system regulated under the Convention. In case of refusal to 
obey a subpoena issued to any person, the Administrator may 
request the Attorney General to compel compliance.
    Consistent with section 104 of this Act, whenever any 
organotin or other substance or system is found by the 
Administrator and there is reason to believe that a seller, 
manufacturer, distributer or user has violated or is in 
violation of any provisions of this Act, or that such organotin 
or other substance or system has been or is intended to be 
manufactured, distributed, sold, or used in violation of this 
Act, the Administrator may issue a stop manufacture, sale, use 
or removal order to any other person who owns, controls or has 
custody of such organotin or substance or system regulated 
under the Convention. After receipt of such order, no person 
shall manufacture, sell, distribute, use or remove the 
organotin or other substance or system described in the order 
except in accordance with the order.

Sec. 304. Additional authority of the administrator

    Section 304 authorizes the Administrator, in consultation 
with the Secretary, to establish, as necessary, terms and 
conditions regarding the removal and disposal of antifouling 
systems prohibited or restricted under this Act.

        Title IV--Action Upon Violation, Penalties and Referrals

Sec. 401. Criminal enforcement

    Section 410 establishes criminal enforcement such that any 
person who knowingly violates the Convention, this Act, or any 
regulation issued thereunder shall be fined under title 18, or 
imprisoned not more than six (6) years, or both.

Sec. 402. Civil enforcement

    Section 402 establishes civil penalties for violations of 
the Convention, this Act, or any relevant regulations. After 
notice and an opportunity for a hearing, violators are liable 
for a civil penalty of not more than $37,500 for each 
violation. Section 402 also provides a civil penalty not to 
exceed $50,000 for each false, fictitious, or fraudulent 
statement or representation to the Secretary under the 
Convention, this Act, or any relevant regulations. Each day or 
instance of a continuing violation constitutes a separate 
violation. The provisions of this section do not limit or 
affect the authority of the United States, under 18 U.S.C. 
Sec. 1001. Section 402 establishes a lesser civil penalty for 
violations that are committed by an owner or operator of a 
recreational vessel. Such penalties may not exceed $5,000 for 
each violation.
    For purposes of this section, the Secretary or 
Administrator shall determine the amount of the penalty, taking 
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, the economic impact of the penalty on the violator, 
the economic benefit to the violator and other matters as 
justice may require.
    Section 402 also provides a reward for any person who gives 
information that leads to the assessment or imposition of a 
civil penalty. The amount of the reward shall be equal to not 
more than one-half of any penalties.
    If any person fails to pay an assessment of an 
administrative civil penalty after it has become final or fails 
to comply with an order issued under this Act, the Secretary or 
Administrator, as appropriate, may refer the matter to the U.S. 
Attorney General for collection in any appropriate district 
court of the United States.
    Before referring any civil penalty that is subject to 
assessment or has been assessed under this section to the 
Attorney General, the Secretary, or Administrator may 
compromise, modify, or remit, the civil penalty with or without 
conditions.
    Any person who fails to pay on a timely basis an assessment 
of a civil administrative penalty shall be liable to the United 
States for 11 percent interest on the penalty, attorney's fees 
and costs for collection proceedings and a quarterly nonpayment 
penalty for each quarter during which such failure to pay 
persists. Such nonpayment penalty shall be in an amount equal 
to 20 percent of the aggregate amount of such person's 
penalties and nonpayment penalties that are unpaid as of the 
beginning of such quarter.

Sec. 403. Liability in rem

    Section 403 requires that a vessel operated in violation of 
the Convention, this Act, or any regulation issued thereunder 
to be liable in rem for any fine imposed under section 18, 
United States Code, or civil penalty assessed pursuant to 
section 402, and may be proceeded against in the U.S. District 
court of any district in which the ship may be found.

Sec. 404. Vessel clearance or permits; refusal or revocation; bond or 
        other surety

    Section 404 authorizes any vessel subject to the 
Convention, or this Act, or its owner, operator, or person in 
charge to be liable for a fine or civil penalty under section 
402 or 403. If reasonable cause exists to believe the vessel, 
its owner, operator or person in charge may be subject to a 
fine or civil penalty under section 402 or 403, the Secretary 
may refuse or revoke the clearance required by 46 U.S.C. 
Sec. 60105. Clearance may be granted upon the filing of a bond 
or other surety satisfactory to the Secretary.

Sec. 405. Warnings, detentions, dismissals, exclusion

    Section 405 authorizes the Secretary to warn, detain, 
dismiss, or exclude the vessel from any port or offshore 
terminal under the jurisdiction of the United States if the 
vessel is detected to be in violation of the Convention, this 
Act or any relevant regulations.
    This section also requires that if action is taken against 
a vessel registered in another country, the Secretary, in 
consultation with the Secretary of State, shall make the 
notifications required by the Convention.

Sec. 406. Referrals for appropriate action by foreign country

    Notwithstanding sections 401, 402, 403, and 405, section 
406 states that, if a violation of the Convention is committed 
by a vessel registered in or of the nationality of a country 
that is party to the Convention or by a vessel operated under 
the authority of a country that is a party to the Convention, 
the Secretary, acting in coordination with the Secretary of 
State, may refer the matter to the government of the country of 
the vessel's registry or nationality, or under whose authority 
the vessel is operating for appropriate action, rather than 
taking the actions otherwise required or authorized by this 
title.

Sec. 407. Remedies not affected

    Section 407 requires that nothing in this Act shall limit, 
deny, amend, modify, or repeal any other remedy available to 
the United States. Also, nothing in this Act shall limit, deny, 
amend, modify, or repeal the rights under existing law, of any 
State, territory or possession of the United States, or 
political subdivision to regulate antifouling system. 
Compliance with the requirements of any State or political 
subdivision thereof respecting antifouling paint or any other 
antifouling system shall not relieve any person of the 
obligation to comply with the provisions of this Act.

Sec. 408. Repeal

    Section 408 repeals The Organotin Antifouling Paint Control 
Act of 1988 (33 U.S.C. 2401 et seq.).

            Legislative History and Committee Consideration

    In the 111th Congress, the Subcommittee on Coast Guard and 
Maritime Transportation held a legislative hearing on June 10, 
2009, entitled ``Control of Anti-Fouling Systems on Ships'', to 
receive testimony regarding the control of antifouling systems 
on ocean-going vessels. The purpose of the hearing was to 
examine antifouling systems that have been applied to ships in 
the past and discuss the contamination that such systems have 
released into the marine environment. The hearing examined the 
International Convention on the Control of Harmful Anti-fouling 
Systems on Ships, which established a comprehensive regulatory 
framework to enable assessments of the safety of new 
antifouling systems to be made before they are approved for 
use.
    On September 23, 2009, Representative James L. Oberstar 
introduced H.R. 3618. This bill has not been introduced in a 
previous Congress.
    On September 24, 2009, the Committee on Transportation and 
Infrastructure met in open session to consider H.R. 3618, and 
ordered the bill reported favorably to the House by voice vote 
with a quorum present.

                              Record Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each record vote 
on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. There were no recorded votes taken in connection 
with consideration of H.R. 3618, or ordering the bill reported. 
A motion to order H.R. 3618 reported favorably to the House was 
agreed to by voice vote with a quorum present.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
section 308(a) of the Congressional Budget Act of 1974, the 
Committee references the report of the Congressional Budget 
Office included in the report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are to 
implement the International Convention on the Control of 
Harmful Anti-fouling Systems on Ships, and to regulate the use 
of antifouling paints in the United States.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the enclosed cost estimate for H.R. 3618 
from the Director of the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 19, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3618, the Clean 
Hull Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.
    Enclosure.

H.R. 3618--Clean Hull Act of 2009

    H.R. 3618 would implement the International Convention on 
the Control of Harmful Anti-Fouling Systems on Ships, 2001. 
Under the bill, both the U.S. Coast Guard and the Environmental 
Protection Agency (EPA) would establish regulations to enforce 
the convention, which addresses water pollution caused by 
paints and other treatments to eliminate unwanted organisms 
from ship hulls.
    Based on information provided by the two agencies, CBO 
estimates that implementing H.R. 3618 would have no significant 
effect on the federal budget. We expect that EPA costs (to 
enforce regulations regarding the manufacture and distribution 
of hull treatments that are harmful to the environment) and 
Coast Guard expenses (to enforce regulations on vessel owners 
or operators that use such treatments) would be minimal because 
the agencies already have enforcement responsibilities under 
the convention. Those responsibilities would not change 
significantly under the bill.
    The bill also would establish new criminal and civil 
penalties. CBO estimates that any new revenues resulting from 
penalties or related direct spending (of criminal penalties 
from the Crime Victims Fund) would be less than $500,000 
annually.
    CBO has not reviewed H.R. 3618 for the presence of 
intergovernmental or private-sector mandates because section 4 
of the Unfunded Mandates Reform Act excludes from the 
application of that act legislative provisions that are 
necessary for the ratification or implementation of 
international treaty obligations. CBO has determined that the 
legislation falls within that exclusion because it would 
implement an international treaty.
    The CBO staff contact for this estimate is Deborah Reis. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                     Compliance With House Rule XXI

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee is required to include a list 
of congressional earmarks, limited tax benefits, or limited 
tariff benefits, as defined in clause 9(e), 9(f), and 9(g) of 
rule XXI of the Rules of the House of Representatives. H.R. 
3618 does not contain any earmarks, limited tax benefits, or 
limited tariff benefits under clause 9(e), 9(f), or 9(g) of 
rule XXI.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (P.L. 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 3618 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets):

            ORGANOTIN ANTIFOULING PAINT CONTROL ACT OF 1988

[SECTION 1. SHORT TITLE.

  [This Act may be cited as the ``Organotin Antifouling Paint 
Control Act of 1988''.

[SEC. 2. FINDINGS; PURPOSE.

  [(a) Findings.--The Congress finds the following:
          [(1) Antifouling paints containing organotin biocides 
        are used to prevent the build-up of barnacles and other 
        encrusting organisms on vessels.
          [(2) Laboratory and field studies show that organotin 
        is very toxic to marine and freshwater organisms at 
        very low levels.
          [(3) Vessels that are less than 25 meters in length 
        and are coated with organotin antifouling paint account 
        for a large amount of the organotin released into the 
        aquatic environment.
          [(4) The Environmental Protection Agency has 
        determined that concentrations of organotin currently 
        in the waters of the United States may pose 
        unreasonable risks to oysters, clams, fish, and other 
        aquatic life.
  [(b) Purpose.--The purpose of this Act is to protect the 
aquatic environment by reducing immediately the quantities of 
organotin entering the waters of the United States.

[SEC. 3. DEFINITIONS.

  [For purposes of this Act:
          [(1) The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
          [(2) The term ``antifouling paint'' means a coating, 
        paint, or treatment that is applied to a vessel to 
        control fresh water or marine fouling organisms.
          [(3) The term ``estuary'' means a body of water 
        having an unimpaired connection with open sea, where 
        the sea water is measurably diluted with fresh water 
        derived from land drainage, and such term includes the 
        Chesapeake Bay and estuary-type areas of the Great 
        Lakes.
          [(4) The term ``organotin'' means any compound of tin 
        used as a biocide in an antifouling paint.
          [(5) The term ``person'' means any individual, and 
        partnership, association, corporation, or organized 
        group of persons whether incorporated or not, or any 
        government entity, including the military.
          [(6) The term ``qualified antifouling paint 
        containing organotin'' means an antifouling paint 
        containing organotin that--
                  [(A) is allowed to be used under the terms of 
                the final decision referred to in section 
                12(c); or
                  [(B) until such final decision takes effect, 
                is certified by the Administrator under section 
                6 as having a release rate of not more than 4.0 
                micrograms per square centimeter per day.
          [(7) The term ``release rate'' means the rate at 
        which organotin is released from an antifouling paint 
        over the long term, as determined by the Administrator, 
        using--
                  [(A) the American Society for Testing 
                Materials (ASTM) standard test method which the 
                Environmental Protection Agency required in its 
                July 29, 1986, data call-in notice on 
                tributyltin compounds used in antifouling 
                paints; or
                  [(B) any similar test method specified by the 
                Administrator.
          [(8) The term ``retail'' means the transfer of title 
        to tangible personal property other than for resale, 
        after manufacturing or processing.
          [(9) The term ``Secretary'' means the Secretary of 
        the Navy.
          [(10) The term ``State'' means a State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana 
        Islands, or any territory or possession of the United 
        States.
          [(11) The term ``vessel'' includes every description 
        of watercraft or other artificial contrivance used, or 
        capable of being used, as a means of transportation on 
        water.

[SEC. 4. PROHIBITION ON THE APPLICATION OF ORGANOTIN ANTIFOULING PAINTS 
                    ON CERTAIN VESSELS.

  [(a) Prohibition.--Subject to section 12(d), and except as 
provided in subsection (b), no person in any State may apply to 
a vessel that is less than 25 meters in length an antifouling 
paint containing organotin.
  [(b) Exceptions.--Subsection (a) shall not prohibit the 
application of a qualified antifouling paint containing 
organotin on--
          [(1) the aluminum hull of a vessel that is less than 
        25 meters in length; or
          [(2) the outboard motor or lower drive unit of a 
        vessel that is less than 25 meters in length.

[SEC. 5. PROHIBITION OF CERTAIN ORGANOTIN ANTIFOULING PAINTS AND 
                    ORGANOTIN ADDITIVES USED TO MAKE SUCH PAINTS.

  [(a) Interim Prohibition of Certain Organotin Antifouling 
Paints.--Subject to section 12(d), no person in any State may--
          [(1) sell or deliver to, or purchase or receive from, 
        another person an antifouling paint containing 
        organotin; or
          [(2) apply to a vessel an antifouling paint 
        containing organotin;
unless the antifouling paint is certified by the Administrator 
as being a qualified antifouling paint containing organotin.
  [(b) Prohibition of Certain Organotin Additives.--Subject to 
section 12(d), no person in any State may sell or deliver to, 
or purchase or receive from, another person at retail any 
substance containing organotin for the purpose of adding such 
substance to paint to create an antifouling paint.

[SEC. 6. CERTIFICATION.

  [(a) Initial Certification.--Not later than 90 days after the 
date of the enactment of this Act, the Administrator shall 
certify each antifouling paint containing organotin that the 
Administrator determines has a release rate of not more than 
4.0 micrograms per square centimeter per day on the basis of 
the information submitted to the Environmental Protection 
Agency before the date of the enactment of this Act in response 
to its July 29, 1986, data call-in notice on tributyltin or any 
other data call-in notice.
  [(b) Subsequent Certification.--After the initial period of 
certification required by subsection (a), and not later than 90 
days after the receipt of information with regard to an 
antifouling paint containing organotin submitted--
          [(1) in response to a data call-in referred to in 
        subsection (a); or
          [(2) under any provision of law;
the Administrator shall certify such paint if, on the basis of 
such information, the Administrator determines that such paint 
has a release rate of not more than 4.0 micrograms per square 
centimeter per day.

[SEC. 7. MONITORING AND RESEARCH OF ECOLOGICAL EFFECTS.

  [(a) Estuarine Monitoring.--The Administrator, in 
consultation with the Under Secretary of Commerce for Oceans 
and Atmosphere, shall monitor the concentrations of organotin 
in the water column, sediments, and aquatic organisms of 
representative estuaries and near-coastal waters in the United 
States. This monitoring program shall remain in effect until 10 
years after the date of the enactment of this Act. The 
Administrator shall submit a report annually to the Speaker of 
the House of Representatives and to the President pro tempore 
of the Senate detailing the results of such monitoring program 
for the preceding year.
  [(b) Navy Home Port Monitoring.--The Secretary shall provide 
for periodic monitoring, not less than quarterly, of waters 
serving as the home port for any Navy vessel coated with an 
antifouling paint containing organotin to determine the 
concentration of organotin in the water column, sediments, and 
aquatic organisms of such waters.
  [(c) Navy Research of Ecological Effects.--The Secretary 
shall continue existing Navy programs evaluating the laboratory 
toxicity and environmental risks associated with the use of 
antifouling paints containing organotin.
  [(d) Assistance to States.--To the extent practicable, the 
Administrator shall assist States in monitoring waters in such 
States for the presence of organotin and in analyzing samples 
taken during such monitoring.
  [(e) Five-Year Report.--At the end of the 5-year period 
beginning on the date of the enactment of this Act, the 
Administrator shall submit a report to the Speaker of the House 
of Representatives and to the President pro tempore of the 
Senate providing an assessment of--
          [(1) the effectiveness of existing laws and rules 
        concerning organotin compounds in ensuring protection 
        of human health and the environment;
          [(2) compliance with water quality criteria 
        established pursuant to section 9 of this Act and any 
        applicable water quality standards; and
          [(3) recommendations for additional measures to 
        protect human health and the environment.

[SEC. 8. ALTERNATIVE ANTIFOULANT RESEARCH.

  [(a) Research.--The Secretary and the Administrator shall 
conduct research into chemical and nonchemical alternatives to 
antifouling paints containing organotin.
  [(b) Report.--At the end of the 4-year period beginning on 
the date of the enactment of this Act, the Administrator, in 
consultation with the Secretary, shall submit a report to the 
Speaker of the House of Representatives and to the President 
pro tempore of the Senate detailing the results of the research 
conducted pursuant to subsection (a).

[SEC. 9. WATER QUALITY CRITERIA DOCUMENT.

  [Not later than March 30, 1989, the Administrator shall issue 
a final water quality criteria document concerning organotin 
compounds pursuant to section 304(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1314(a)).

[SEC. 10. PENALTIES.

  [(a) Civil Penalties.--(1) Any person violating section 4 or 
5 shall be assessed a civil penalty of not more than $5,000 for 
each offense.
  [(2) After notice and an opportunity for a hearing, a person 
found by the Administrator to have violated section 4 or 5 is 
liable to the United States Government for the civil penalty 
assessed under subsection (a). The amount of the civil penalty 
shall be assessed by the Administrator by written notice. In 
determining the amount of the penalty, the Administrator shall 
consider 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, 
ability to pay, and other matters that justice requires.
  [(3) The Administrator may compromise, modify, or remit, with 
or without consideration, a civil penalty assessed under this 
section until the assessment is referred to the Attorney 
General.
  [(4) If a person fails to pay an assessment of a civil 
penalty after it has become final, the Administrator may refer 
the matter to the Attorney General for collection in the 
appropriate United States district court.
  [(b) Criminal Penalties.--Any person knowingly violating 
section 4 or 5 shall be fined not more than $25,000, or 
imprisoned for not more than one year, or both.

[SEC. 11. OTHER AUTHORITIES; STATE LAWS.

  [(a) Other Authorities of the Administrator.--Nothing in this 
Act shall limit or prevent the Administrator from establishing 
a lower permissible release rate for organotin under 
authorities other than this Act.
  [(b) State Laws.--Nothing in this Act shall preclude or deny 
any State or political subdivision thereof the right to adopt 
or enforce any requirement regarding antifouling paint or any 
other substance containing organotin. Compliance with the 
requirements of any State or political subdivision thereof 
respecting antifouling paint or any other substance containing 
organotin shall not relieve any person of the obligation to 
comply with the provisions of this Act.

[SEC. 12. EFFECTIVE DATES; USE OF EXISTING STOCKS.

  [(a) In General.--Except as provided in subsection (b), this 
Act shall take effect on the date of its enactment.
  [(b) Termination of Interim Prohibition.--Section 5(a) shall 
remain in effect until a final decision regarding the release 
of organotin into the aquatic environment by antifouling 
paints, pursuant to the process initiated by the 
Administrator's Position Document 1 dated January 8, 1986--
          [(1) is issued by the Administrator; and
          [(2) takes effect.
  [(c) Final Decision Defined.--For purposes of subsection (b), 
a final decision shall be considered to have taken effect upon 
the date of the expiration of the time for making any appeal 
with respect to such decision or, in the case of any such 
appeal, the resolution of such appeal.
  [(d) Use of Existing Stocks.--Notwithstanding the 
prohibitions contained in sections 4 and 5, the Administrator, 
not later than 90 days after the date of the enactment of this 
Act, shall provide reasonable times--
          [(1) not to exceed 180 days after the date of the 
        enactment of this Act, for the continued sale, 
        delivery, purchase, and receipt of any antifouling 
        paints containing organotin and organotin additives 
        that exist before the date of the enactment of this 
        Act; and
          [(2) not to exceed one year after the date of the 
        enactment of this Act, for the application of any 
        antifouling paints containing organotin and organotin 
        additives that exist before the date of the enactment 
        of this Act.]

                        Committee Correspondence

        House of Representatives, Committee on Science and 
            Technology,
                                Washington, DC, September 28, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Rayburn House Office Building, Washington, DC.
    Dear Chairman Oberstar: I write to you regarding H.R. 3618, 
the Clean Hull Act of 2009. This legislation was initially 
referred to both the Committee on Transportation and 
Infrastructure and the Committee on Science and Technology.
    I recognize and appreciate your desire to bring this 
legislation before the House in an expeditious manner, and, 
accordingly, I will waive further consideration of this bill in 
Committee. However, agreeing to waive consideration of this 
bill should not be construed as the Committee on Science and 
Technology waiving its jurisdiction over H.R. 3618, or any 
similar legislation.
    Further, I request your support for the appointment of 
Science and Technology Committee conferees during any House-
Senate conference convened on this, or any similar legislation. 
I also ask that a copy of this letter and your response be 
placed in the legislative report on H.R. 3618 and the 
Congressional Record during consideration of this bill.
    I look forward to working with you as we prepare to pass 
this important legislation.
            Sincerely,
                                               Bart Gordon,
                                                          Chairman.
                                ------                                

        House of Representatives, Committee on 
            Transportation and Infrastructure,
                                Washington, DC, September 29, 2009.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology, House of 
        Representatives, Rayburn House Office Building, Washington, DC.
    Dear Chairman Gordon: I write to you regarding H.R. 3618, 
the ``Clean Hull Act of 2009''.
    I appreciate your willingness to waive rights to further 
consideration of H.R. 3618, notwithstanding the jurisdictional 
interest of the Committee on Science and Technology. Of course 
this waiver does not prejudice any further jurisdictional 
claims by your Committee over this or similar legislation. 
Further, I will support your request to be represented in a 
House-Senate conference on those provisions over which the 
Committee on Science and Technology has jurisdiction in H.R. 
3618.
    This exchange of letters will be placed in the Committee 
Report on H.R. 3618 and inserted in the Congressional Record as 
part of the consideration of this legislation in the House. 
Thank you for the cooperative spirit in which you have worked 
regarding this matter and others between our respective 
committees.
    I look forward to working with you as we prepare to pass 
this important legislation.
            Sincerely,
                                         James L. Oberstar,
                                                          Chairman.
                                ------                                

                          House of Representatives,
                            Committee on Homeland Security,
                                 Washington, DC, November 12, 2009.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure, Rayburn Bldg. 
        House of Representatives, Washington, DC.
    Dear Chairman Oberstar: I write to you regarding H.R. 3618, 
the ``Clean Hull Act of 2009.''
    H.R. 3618 contains provisions that fall within the 
jurisdiction of the Committee on Homeland Security. I recognize 
and appreciate your desire to bring this legislation before the 
House in an expeditious manner and, accordingly, I will not 
seek a sequential referral of the bill. However, agreeing to 
waive consideration of this bill should not be construed as the 
Committee on Homeland Security waiving, altering, or otherwise 
affecting its jurisdiction over subject matters contained in 
the bill which fall within its Rule X jurisdiction.
    Further, I request your support for the appointment of an 
appropriate number of Members of the Committee on Homeland 
Security to be named as conferees during any House-Senate 
conference convened on H.R. 3618 or similar legislation. I also 
ask that a copy of this letter and your response be included in 
the legislative report on H.R. 3618 and in the Congressional 
Record during floor consideration of this bill.
    I look forward to working with you as we prepare to pass 
this important legislation.
    Sincerely,
                                        Bennie G. Thompson,
                                                          Chairman.
                                ------                                

        House of Representatives, Committee on 
            Transportation and Infrastructure,
                                 Washington, DC, November 12, 2009.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security, Ford House Office Building, 
        Washington, DC.
    Dear Chairman Thompson: I write to you regarding H.R. 3618, 
the ``Clean Hull Act of 2009''.
    I agree that provisions in H.R. 3618 are of jurisdictional 
interest to the Committee on Homeland Security. I acknowledge 
that by forgoing a sequential referral, your Committee is not 
relinquishing its jurisdiction and I will fully support your 
request to be represented in a House-Senate conference on those 
provisions over which the Committee on Homeland Security has 
jurisdiction in H.R. 3618.
    This exchange of letters will be inserted in the Committee 
Report on H.R. 3618 and in the Congressional Record as part of 
the consideration of this legislation in the House.
    I look forward to working with you as we prepare to pass 
this important legislation.
            Sincerely,
                                         James L. Oberstar,
                                                          Chairman.

                                  
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