IIB 

111TH CONGRESS 

1ST SESSION H. R. 3618 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 18, 2009 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To provide for implementation of the International Convention on the Control of Harmful Anti-Fouling Systems 

on Ships, 2001, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Clean Hull Act of 

3 2009’’. 

4 TITLE I—GENERAL PROVISIONS 

5 SEC. 101. DEFINITIONS. 

6 In this Act: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the Environ9 mental Protection Agency. 

10 (2) ANTIFOULING SYSTEM.—The term 

11 ‘‘antifouling system’’ means a coating, paint, surface 

12 treatment, surface, or device that is used or intended 

13 to be used on a vessel to control or prevent attach14 ment of unwanted organisms. 

15 (3) CONVENTION.—The term ‘‘Convention’’ 

16 means the International Convention on the Control 

17 of Harmful Anti-Fouling Systems on Ships, 2001, 

18 including its annexes, and including any amend19 ments to the Convention or annexes which have en20 tered into force for the United States. 

21 (4) FPSO.—The term ‘‘FPSO’’ means a float22 ing production, storage, or offloading unit. 

23 (5) FSU.—The term ‘‘FSU’’ means a floating 

24 storage unit. 

25 (6) GROSS TONNAGE.—The term ‘‘gross ton26 nage’’ as defined in chapter 143 of title 46, United 


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1 States Code, means the gross tonnage calculated in 

2 accordance with the tonnage measurement regula3 tions contained in annex 1 to the International Con4 vention on Tonnage Measurement of Ships, 1969. 

5 (7) INTERNATIONAL VOYAGE.—The term 

6 ‘‘international voyage’’ means a voyage by a vessel 

7 entitled to fly the flag of one country to or from a 

8 port, shipyard, offshore terminal, or other place 

9 under the jurisdiction of another country. 

10 (8) ORGANOTIN.—The term ‘‘organotin’’ means 

11 any compound or additive of tin bound to an organic 

12 ligand, that is used or intended to be used as biocide 

13 in an antifouling system. 

14 (9) PERSON.—The term ‘‘person’’ means— 

15 (A) any individual, partnership, associa16 tion, corporation, or organized group of persons 

17 whether incorporated or not; 

18 (B) any department, agency, or instrumen19 tality of the United States, except as provided 

20 in section 3(b)(2); or 

21 (C) any other government entity. 

22 (10) SECRETARY.—The term ‘‘Secretary’’ 

23 means the Secretary of the department in which the 

24 Coast Guard is operating. 


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1 (11) SELL OR DISTRIBUTE.—The term ‘‘sell or 

2 distribute’’ means to distribute, sell, offer for sale, 

3 hold for distribution, hold for sale, hold for ship4 ment, ship, deliver for shipment, release for ship5 ment, import, export, hold for import, hold for ex6 port, or receive and (having so received) deliver or 

7 offer to deliver. 

8 (12) VESSEL.—The term ‘‘vessel’’ has the 

9 meaning given that term in section 3 of title 1, 

10 United States Code, including hydrofoil boats, air 

11 cushion watercraft, submersibles, floating craft, 

12 fixed or floating platforms, floating storage units, 

13 and floating production, storage, and offloading 

14 units. 

15 (13) TERRITORIAL SEA.—The term ‘‘territorial 

16 sea’’ means the territorial sea as described in Presi17 dential Proclamation No. 5928 on December 27, 

18 1988. 

19 (14) UNITED STATES.—The term ‘‘United 

20 States’’ means the several States of the United 

21 States, the District of Columbia, Puerto Rico, 

22 Guam, American Samoa, the Virgin Islands, the 

23 Commonwealth of the Northern Marianas, and any 

24 other territory or possession over which the United 

25 States has jurisdiction. 


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1 (15) USE.—The term ‘‘use’’ includes applica2 tion, reapplication, installation, or any other employ3 ment of an antifouling system. 

4 SEC. 102. COVERED VESSELS. 

5 (a) INCLUDED VESSEL.—Except as provided in sub6 section (b), after the Convention enters into force for the 

7 United States, the following vessels are subject to the re8 quirements of this Act: 

9 (1) A vessel documented under chapter 121 of 

10 title 46, United States Code, or one operated under 

11 the authority of the United States, wherever located. 

12 (2) Any vessel permitted by a Federal agency to 

13 operate on the Outer Continental Shelf. 

14 (3) Any other vessel when— 

15 (A) in the internal waters of the United 

16 States; 

17 (B) in any port, shipyard, offshore ter18 minal, or other place in the United States; 

19 (C) lightering in the territorial sea; or 

20 (D) to the extent consistent with inter21 national law, anchoring in the territorial sea of 

22 the United States. 

23 (b) EXCLUDED VESSELS.— 

24 (1) IN GENERAL.—The following vessels are not 

25 subject to the requirements of this Act: 


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1 (A) Any warship, naval auxiliary, or other 

2 vessel owned or operated by a foreign state, and 

3 used, for the time being, only on government 

4 noncommercial service. 

5 (B) Except as provided in paragraph (2), 

6 any warship, naval auxiliary, or other vessel 

7 owned or operated by the United States and 

8 used for the time being only on government 

9 noncommercial service. 

10 (2) APPLICATION TO UNITED STATES GOVERN11 MENT VESSELS.— 

12 (A) IN GENERAL.—The Administrator may 

13 apply any requirement of this Act to one or 

14 more classes of vessels described in paragraph 

15 (1)(B), if the head of the Federal department 

16 or agency under which those vessels operate 

17 concurs in that application. 

18 (B) LIMITATION FOR COMBAT-RELATED

19 VESSEL.—Paragraph (1) shall not apply to 

20 combat-related vessels. 

21 SEC. 104. ADMINISTRATION AND ENFORCEMENT. 

22 (a) IN GENERAL.—Unless otherwise specified in this 

23 Act, with respect to a vessel, the Secretary shall admin24 ister and enforce the Convention and this Act. 


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1 (b) ADMINISTRATOR.—Except with respect to section 

2 301 (b) and (c), the Administrator shall administer and 

3 enforce title III of this Act. 

4 (c) REGULATIONS.—The Administrator and the Sec5 retary may each prescribe and enforce regulations as may 

6 be necessary to carry out their respective responsibilities 

7 under this Act. 

8 SEC. 105. COMPLIANCE WITH INTERNATIONAL LAW. 

9 Any action taken under this Act shall be taken in ac10 cordance with treaties to which the United States is a 

11 party and other international obligations of the United 

12 States. 

13 SEC. 106. UTILIZATION OF PERSONNEL, FACILITIES OR 

14 EQUIPMENT OF OTHER FEDERAL DEPART15 MENTS AND AGENCIES. 

16 The Secretary and the Administrator may utilize by 

17 agreement, with or without reimbursement, personnel, fa18 cilities, or equipment of other Federal departments and 

19 agencies in administering the Convention, this Act, or any 

20 regulations prescribed under this Act. 

21 TITLE II—IMPLEMENTATION OF 

22 THE CONVENTION 

23 SEC. 201. CERTIFICATES. 

24 (a) CERTIFICATE REQUIRED.—On entry into force of 

25 the Convention for the United States, any vessel of at least 


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1 400 gross tons that engages in one or more international 

2 voyages (except fixed or floating platforms, FSUs, and 

3 FPSOs) shall carry an International Antifouling System 

4 Certificate. 

5 (b) ISSUANCE OF CERTIFICATE.—On entry into force 

6 of the Convention, on a finding that a successful survey 

7 required by the Convention has been completed, a vessel 

8 of at least 400 gross tons that engages in at least one 

9 international voyage (except fixed or floating platforms, 

10 FSUs, and FPSOs) shall be issued an International 

11 Antifouling System Certificate. The Secretary may issue 

12 the Certificate required by this section. The Secretary may 

13 delegate this authority to an organization that the Sec14 retary determines is qualified to undertake that responsi15 bility. 

16 (c) MAINTENANCE OF CERTIFICATE.—The Certifi17 cate required by this section shall be maintained as re18 quired by the Secretary. 

19 (d) CERTIFICATES ISSUED BY OTHER PARTY COUN20 TRIES.—A Certificate issued by any country that is a 

21 party to the Convention has the same validity as a Certifi22 cate issued by the Secretary under this section. 

23 (e) VESSELS OF NONPARTY COUNTRIES.—Notwith24 standing subsection (a), a vessel of at least 400 gross tons, 

25 having the nationality of or entitled to fly the flag of a 


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1 country that is not a party to the Convention, may dem2 onstrate compliance with this Act through other appro3 priate documentation considered acceptable by the Sec4 retary. 

5 SEC. 202. DECLARATION. 

6 (a) REQUIREMENTS.—On entry into force of the Con7 vention for the United States, a vessel of at least 24 me8 ters in length, but less than 400 gross tons engaged on 

9 an international voyage (except fixed or floating platforms, 

10 FSUs, and FPSOs) must carry a declaration described in 

11 subsection (b) that is signed by the owner or owner’s au12 thorized agent. That declaration shall be accompanied by 

13 appropriate documentation, such as a paint receipt or a 

14 contractor invoice, or contain an appropriate endorsement. 

15 (b) CONTENT OF DECLARATION.—The declaration 

16 must contain a clear statement that the antifouling system 

17 on the vessel complies with the Convention. The Secretary 

18 may prescribe the form and other requirements of the dec19 laration. 

20 SEC. 203. OTHER COMPLIANCE DOCUMENTATION. 

21 In addition to the requirements under sections 201 

22 and 202, the Secretary may require vessels to hold other 

23 documentation considered necessary to verify compliance 

24 with this Act. 


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1 SEC. 204. PROCESS FOR CONSIDERING ADDITIONAL CON2 TROLS. 

3 (a) ACTIONS BY ADMINISTRATOR.—The Adminis4 trator may— 

5 (1) participate in the technical group described 

6 in Article 7 of the Convention, and in any other 

7 body convened pursuant to the Convention for the 

8 consideration of new or additional controls on 

9 antifouling systems; 

10 (2) evaluate any risks of adverse effects on non11 target organisms or human health presented by a 

12 given antifouling system such that the amendment 

13 of annex 1 of the Convention may be warranted; 

14 (3) undertake an assessment of relevant envi15 ronmental, technical, and economic considerations 

16 necessary to evaluate any proposals for new or addi17 tional controls of antifouling systems under the Con18 vention, including benefits in the United States and 

19 elsewhere associated with the production and use in 

20 the United States and elsewhere, of the subject 

21 antifouling system; and 

22 (4) develop recommendations based on that as23 sessment. 

24 (b) REFERRALS TO TECHNICAL GROUP.— 

25 (1) CONVENING OF SHIPPING COORDINATING

26 COMMITTEE.—On referral of any antifouling system 


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1 to the technical group described in article 7 of the 

2 Convention for consideration of new or additional 

3 controls, the Secretary of State shall convene a pub4 lic meeting of the Shipping Coordinating Committee 

5 for the purpose of receiving information and com6 ments regarding controls on such antifouling system. 

7 The Secretary of State shall publish advance notice 

8 of such meeting in the Federal Register and on the 

9 State Department’s Web site. The Administrator 

10 shall assemble and maintain a public docket con11 taining notices pertaining to that meeting, any com12 ments responding to those notices, the minutes of 

13 that meeting, and materials presented at that meet14 ing. 

15 (2) REPORT BY TECHNICAL GROUP.—The Ad16 ministrator shall promptly make any report by the 

17 technical group described in the Convention available 

18 to the public through the docket established pursu19 ant to subsection (b) and announce the availability 

20 of that report in the Federal Register. The Adminis21 trator shall provide an opportunity for public com22 ment on the report for a period of not less than 30 

23 days from the time the availability of the report is 

24 announced in the Federal Register. 


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1 (3) CONSIDERATION OF COMMENTS.—To the 

2 extent practicable, the Administrator shall take any 

3 comments into consideration in developing rec4 ommendations under subsection (a). 

5 SEC. 205. SCIENTIFIC AND TECHNICAL RESEARCH AND 

6 MONITORING; COMMUNICATION AND INFOR7 MATION. 

8 The Secretary, the Administrator, and the Adminis9 trator of the National Oceanic and Atmospheric Adminis10 tration may each undertake scientific and technical re11 search and monitoring pursuant to article 8 of the Con12 vention and to promote the availability of relevant infor13 mation concerning— 

14 (1) scientific and technical activities undertaken 

15 in accordance with the Convention; 

16 (2) marine scientific and technological pro17 grams and their objectives; and 

18 (3) the effects observed from any monitoring 

19 and assessment programs relating to antifouling sys20 tems. 

21 SEC. 206. COMMUNICATION AND EXCHANGE OF INFORMA22 TION. 

23 (a) IN GENERAL.—Except as provided in subsection 

24 (b), with respect to those antifouling systems regulated by 

25 the Administrator, the Administrator shall provide to any 


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1 party to the Convention that requests it, relevant informa2 tion on which the decision to regulate was based, including 

3 information provided for in annex 3 to the Convention, 

4 or other information suitable for making an appropriate 

5 evaluation of the antifouling system. 

6 (b) LIMITATION.—This section shall not be construed 

7 to authorize the provision of information the disclosure of 

8 which is otherwise prohibited by law. 

9 TITLE III—PROHIBITIONS AND 

10 ENFORCEMENT AUTHORITY 

11 SEC. 301. PROHIBITIONS. 

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of law, it is unlawful for any person— 

14 (1) to act in violation of this Act, or any regula15 tion prescribed under this Act; 

16 (2) to sell or distribute in domestic or inter17 national commerce organotin or an antifouling sys18 tem containing organotin; 

19 (3) to manufacture, process, or use organotin to 

20 formulate an antifouling system; 

21 (4) to apply an antifouling system containing 

22 organotin on any vessel to which this Act applies; or 

23 (5) after the Convention enters into force for 

24 the United States, to apply or otherwise use in a 

25 manner inconsistent with the Convention, an 


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1 antifouling system on any vessel that is subject to 

2 this Act. 

3 (b) VESSEL HULLS.—Except as provided in sub4 section (c), no vessel shall bear on its hull or outer surface 

5 any antifouling system containing organotin, regardless of 

6 when such system was applied, unless that vessel bears 

7 an overcoating which forms a barrier to organotin leaching 

8 from the underlying antifouling system. 

9 (c) LIMITATIONS.— 

10 (1) EXCEPTED VESSEL.—Subsection (b) does 

11 not apply to fixed or floating platforms, FSUs, or 

12 FPSOs that were constructed prior to January 1, 

13 2003, and that have not been in dry dock on or after 

14 that date. 

15 (2) SALE, MANUFACTURE, ETC.—This section 

16 does not apply to— 

17 (A) the sale, distribution, or use pursuant 

18 to any agreement between the Administrator 

19 and any person that results in an earlier prohi20 bition or cancellation date than specified in this 

21 Act; or 

22 (B) the manufacture, processing, formula23 tion, sale, distribution, or use of organotin or 

24 antifouling systems containing organotin used 

25 or intended for use only for sonar domes or in 


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1 conductivity sensors in oceanographic instru2 ments. 

3 SEC. 302. INVESTIGATIONS AND INSPECTIONS BY SEC4 RETARY. 

5 (a) IN GENERAL.—The Secretary may conduct inves6 tigations and inspections regarding a vessel’s compliance 

7 with this Act or the Convention. 

8 (b) VIOLATIONS; SUBPOENAS.—In any investigation 

9 under this section, the Secretary may issue subpoenas to 

10 require the attendance of witnesses and the production of 

11 documents and other evidence. In case of refusal to obey 

12 a subpoena issued to any person, the Secretary may re13 quest the Attorney General to invoke the aid of the appro14 priate district court of the United States to compel compli15 ance. 

16 (c) FURTHER ACTION.—On completion of an inves17 tigation, the Secretary may take whatever further action 

18 the Secretary considers appropriate under the Convention 

19 or this Act. 

20 (d) COOPERATION.—The Secretary may cooperate 

21 with other parties to the Convention in the detection of 

22 violations and in enforcement of the Convention. Nothing 

23 in this section affects or alters requirements under any 

24 other laws. 


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1 SEC. 303. EPA ENFORCEMENT. 

2 (a) INSPECTIONS, SUBPOENAS.— 

3 (1) IN GENERAL.—For purposes of enforcing 

4 this Act or any regulation prescribed under this Act, 

5 officers or employees of the Environmental Protec6 tion Agency or of any State designated by the Ad7 ministrator may enter at reasonable times any loca8 tion where there is being held or may be held 

9 organotin or any other substance or antifouling sys10 tem regulated under the Convention, for the purpose 

11 of inspecting and obtaining samples of any con12 tainers or labeling for organotin or other substance 

13 or system regulated under the Convention. 

14 (2) SUBPOENAS.—In any investigation under 

15 this section the Administrator may issue subpoenas 

16 to require the attendance of any witness and the 

17 production of documents and other evidence. In case 

18 of refusal to obey such a subpoena, the Adminis19 trator may request the Attorney General to compel 

20 compliance. 

21 (b) STOP MANUFACTURE, SALE, USE, OR REMOVAL

22 ORDERS.—Consistent with section 104, whenever any 

23 organotin or other substance or system regulated under 

24 the Convention is found by the Administrator and there 

25 is reason to believe that a manufacturer, seller, dis26 tributor, or user has violated or is in violation of any proviVerDate Nov 24 2008 02:20 Nov 19, 2009 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3618.RFS H3618

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1 sion of this Act, or that such organotin or other substance 

2 or system regulated under the Convention has been or is 

3 intended to be manufactured, distributed, sold, or used in 

4 violation of this Act, the Administrator may issue a stop 

5 manufacture, sale, use, or removal order to any person 

6 that owns, controls, or has custody of such organotin or 

7 other substance or system regulated under the Convention. 

8 After receipt of that order the person may not manufac9 ture, sell, distribute, use, or remove the organotin or other 

10 substance or system regulated under the Convention de11 scribed in the order except in accordance with the order. 

12 SEC. 304. ADDITIONAL AUTHORITY OF THE ADMINIS13 TRATOR. 

14 The Administrator, in consultation with the Sec15 retary, may establish, as necessary, terms and conditions 

16 regarding the removal and disposal of antifouling systems 

17 prohibited or restricted under this Act. 

18 TITLE IV—ACTION ON VIOLA19 TION, PENALTIES, AND RE20 FERRALS 

21 SEC. 401. CRIMINAL ENFORCEMENT. 

22 Any person who knowingly violates paragraph (2), 

23 (3), (4), or (5) of section 301(a) or section 301(b) shall 

24 be fined under title 18, United States Code, or imprisoned 

25 not more than 6 years, or both. 


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1 SEC. 402. CIVIL ENFORCEMENT. 

2 (a) CIVIL PENALTY.— 

3 (1) IN GENERAL.—Any person who is found by 

4 the Secretary or the Administrator, as appropriate, 

5 after notice and an opportunity for a hearing, to 

6 have— 

7 (A) violated the Convention, this Act, or 

8 any regulation prescribed under this Act is lia9 ble to the United States Government for a civil 

10 penalty of not more than $37,500 for each vio11 lation; or 

12 (B) made a false, fictitious, or fraudulent 

13 statement or representation in any matter in 

14 which a statement or representation is required 

15 to be made to the Secretary under the Conven16 tion, this Act, or any regulations prescribed 

17 under this Act, is liable to the United States for 

18 a civil penalty of not more than $50,000 for 

19 each such statement or representation. 

20 (2) RELATIONSHIP TO OTHER LAW.—This sub21 section shall not limit or affect the authority of the 

22 Government under section 1001 of title 18, United 

23 States Code. 

24 (b) ASSESSMENT OF PENALTY.—The amount of the 

25 civil penalty shall be assessed by the Secretary or Adminis26 trator, as appropriate, by written notice. 


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1 (c) LIMITATION FOR RECREATIONAL VESSEL.—A 

2 civil penalty imposed under subsection (a) against the 

3 owner or operator of a recreational vessel, as that term 

4 is defined in section 2101 of title 46, United States Code, 

5 for a violation of the Convention, this Act, or any regula6 tion prescribed under this Act involving that recreational 

7 vessel, may not exceed $5,000 for each violation. 

8 (d) DETERMINATION OF PENALTY.—For purposes of 

9 penalties under this section, each day of a continuing vio10 lation constitutes a separate violation. In determining the 

11 amount of the penalty, the Secretary or Administrator 

12 shall take into account the nature, circumstances, extent, 

13 and gravity of the prohibited acts committed and, with re14 spect to the violator, the degree of culpability, any history 

15 of prior offenses, the economic impact of the penalty on 

16 the violator, the economic benefit to the violator and other 

17 matters as justice may require. 

18 (e) REWARD.—An amount equal to not more than 

19 one-half of any civil penalty assessed by the Secretary or 

20 Administrator under this section may, subject to the avail21 ability of appropriations, be paid by the Secretary or Ad22 ministrator, respectively, to any person who provided in23 formation that led to the assessment or imposition of the 

24 penalty. 


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1 (f) REFERRAL TO ATTORNEY GENERAL.—If any per2 son fails to pay a civil penalty assessed under this section 

3 after it has become final, or comply with an order issued 

4 under this Act, the Secretary or Administrator, as appro5 priate, may refer the matter to the Attorney General of 

6 the United States for collection in any appropriate district 

7 court of the United States. 

8 (g) COMPROMISE, MODIFICATION, OR REMISSION.— 

9 Before referring any civil penalty that is subject to assess10 ment or has been assessed under this section to the Attor11 ney General, the Secretary, or Administrator, as appro12 priate, may compromise, modify, or remit, with or without 

13 conditions, the civil penalty. 

14 (h) NONPAYMENT PENALTY.—Any person who fails 

15 to pay on a timely basis a civil penalty assessed under 

16 this section shall also be liable to the United States for 

17 interest on the penalty at an annual rate equal to 11 per18 cent compounded quarterly, attorney fees and costs for 

19 collection proceedings, and a quarterly nonpayment pen20 alty for each quarter during which such failure to pay per21 sists. That nonpayment penalty shall be in an amount 

22 equal to 20 percent of the aggregate amount of that per23 son’s penalties and nonpayment penalties that are unpaid 

24 as of the beginning of that quarter. 


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1 SEC. 403. LIABILITY IN REM. 

2 A vessel operated in violation of the Convention, this 

3 Act, or any regulation prescribed under this Act, is liable 

4 in rem for any fine imposed under section 18, United 

5 States Code, or civil penalty assessed pursuant to section 

6 402, and may be proceeded against in the United States 

7 district court of any district in which the vessel may be 

8 found. 

9 SEC. 404. VESSEL CLEARANCE OR PERMITS; REFUSAL OR 

10 REVOCATION; BOND OR OTHER SURETY. 

11 If any vessel that is subject to the Convention or this 

12 Act, or its owner, operator, or person in charge, is liable 

13 for a fine or civil penalty under section 402 or 403, or 

14 if reasonable cause exists to believe that the vessel, its 

15 owner, operator, or person in charge may be subject to 

16 a fine or civil penalty under section 402 or 403, the Sec17 retary may refuse or revoke the clearance required by sec18 tion 60105 of title 46, United States Code. Clearance may 

19 be granted upon the filing of a bond or other surety satis20 faction to the Secretary. 

21 SEC. 405. WARNINGS, DETENTIONS, DISMISSALS, EXCLU22 SION. 

23 (a) IN GENERAL.—If a vessel is detected to be in vio24 lation of the Convention, this Act, or any regulation pre25 scribed under this Act, the Secretary may warn, detain, 


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1 dismiss, or exclude the vessel from any port or offshore 

2 terminal under the jurisdiction of the United States. 

3 (b) NOTIFICATIONS.—If action is taken under sub4 section (a), the Secretary, in consultation with the Sec5 retary of State, shall make the notifications required by 

6 the Convention. 

7 SEC. 406. REFERRALS FOR APPROPRIATE ACTION BY FOR8 EIGN COUNTRY. 

9 Notwithstanding sections 401, 402, 403, and 405, if 

10 a violation of the Convention is committed by a vessel reg11 istered in or of the nationality of a country that is a party 

12 to the Convention, or by a vessel operated under the au13 thority of a country that is a party to the Convention, 

14 the Secretary, acting in coordination with the Secretary 

15 of State, may refer the matter to the government of the 

16 country of the vessel’s registry or nationality, or under 

17 whose authority the vessel is operating, for appropriate ac18 tion, rather than taking the actions otherwise required or 

19 authorized by this title. 

20 SEC. 407. REMEDIES NOT AFFECTED. 

21 (a) IN GENERAL.—Nothing in this Act limits, denies, 

22 amends, modifies, or repeals any other remedy available 

23 to the United States. 

24 (b) RELATIONSHIP TO STATE AND LOCAL LAW.— 

25 Nothing in this Act limits, denies, amends, modifies, or 


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1 repeals any rights under existing law, of any State, terri2 tory, or possession of the United States, or any political 

3 subdivision thereof, to regulate any antifouling system. 

4 Compliance with the requirements of a State, territory, or 

5 possession of the United States, or political subdivision 

6 thereof related to antifouling paint or any other 

7 antifouling system does not relieve any person of the obli8 gation to comply with this Act. 

9 SEC. 408. REPEAL. 

10 The Organotin Antifouling Paint Control Act of 1988 

11 (33 U.S.C. 2401 et seq.) is repealed. 

Passed the House of Representatives November 17, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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