IB 

Union Calendar No. 189 

111TH CONGRESS 

1ST SESSION H. R. 3618 

[Report No. 111–331, Part I] 

To provide for implementation of the International Convention on the Control 

of Harmful Anti-Fouling Systems on Ships, 2001, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2009 

Mr. OBERSTAR (for himself, Mr. MICA, Mr. CUMMINGS, and Mr. LOBIONDO) 

introduced the following bill; which was referred to the Committee on 

Transportation and Infrastructure, and in addition to the Committee on 

Science and Technology, 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 

NOVEMBER 7, 2009 

Reported from the Committee on Transportation and Infrastructure 

NOVEMBER 7, 2009 

Committee on Science and Technology discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 


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A BILL 

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

on Ships, 2001, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

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

5 2009’’. 

6 TITLE I—GENERAL PROVISIONS 

7 SEC. 101. DEFINITIONS. 

8 In this Act: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency. 

12 (2) ANTIFOULING SYSTEM.—The term 

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

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

15 to be used on a vessel to control or prevent attach16 ment of unwanted organisms. 

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

18 means the International Convention on the Control 

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

20 including its annexes, and including any amend21 ments to the Convention or annexes which have en22 tered into force for the United States. 

23 (4) FPSO.—The term ‘‘FPSO’’ means a float24 ing production, storage, or offloading unit. 


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

2 storage unit. 

3 (6) GROSS TONNAGE.—The term ‘‘gross ton4 nage’’ as defined in chapter 143 of title 46, United 

5 States Code, means the gross tonnage calculated in 

6 accordance with the tonnage measurement regula7 tions contained in annex 1 to the International Con8 vention on Tonnage Measurement of Ships, 1969. 

9 (7) INTERNATIONAL VOYAGE.—The term 

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

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

12 port, shipyard, offshore terminal, or other place 

13 under the jurisdiction of another country. 

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

15 any compound or additive of tin bound to an organic 

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

17 in an antifouling system. 

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

19 (A) any individual, partnership, associa20 tion, corporation, or organized group of persons 

21 whether incorporated or not; 

22 (B) any department, agency, or instrumen23 tality of the United States, except as provided 

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

25 (C) any other government entity. 


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

2 means the Secretary of the department in which the 

3 Coast Guard is operating. 

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

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

6 hold for distribution, hold for sale, hold for ship7 ment, ship, deliver for shipment, release for ship8 ment, import, export, hold for import, hold for ex9 port, or receive and (having so received) deliver or 

10 offer to deliver. 

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

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

13 United States Code, including hydrofoil boats, air 

14 cushion watercraft, submersibles, floating craft, 

15 fixed or floating platforms, floating storage units, 

16 and floating production, storage, and offloading 

17 units. 

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

19 sea’’ means the territorial sea as described in Presi20 dential Proclamation No. 5928 on December 27, 

21 1988. 

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

23 States’’ means the several States of the United 

24 States, the District of Columbia, Puerto Rico, 

25 Guam, American Samoa, the Virgin Islands, the 


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1 Commonwealth of the Northern Marianas, and any 

2 other territory or possession over which the United 

3 States has jurisdiction. 

4 (15) USE.—The term ‘‘use’’ includes applica5 tion, reapplication, installation, or any other employ6 ment of an antifouling system. 

7 SEC. 102. COVERED VESSELS. 

8 (a) INCLUDED VESSEL.—Except as provided in sub9 section (b), after the Convention enters into force for the 

10 United States, the following vessels are subject to the re11 quirements of this Act: 

12 (1) A vessel documented under chapter 121 of 

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

14 the authority of the United States, wherever located. 

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

16 operate on the Outer Continental Shelf. 

17 (3) Any other vessel when— 

18 (A) in the internal waters of the United 

19 States; 

20 (B) in any port, shipyard, offshore ter21 minal, or other place in the United States; 

22 (C) lightering in the territorial sea; or 

23 (D) to the extent consistent with inter24 national law, anchoring in the territorial sea of 

25 the United States. 


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1 (b) EXCLUDED VESSELS.— 

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

3 subject to the requirements of this Act: 

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

5 vessel owned or operated by a foreign state, and 

6 used, for the time being, only on government 

7 noncommercial service. 

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

9 any warship, naval auxiliary, or other vessel 

10 owned or operated by the United States and 

11 used for the time being only on government 

12 noncommercial service. 

13 (2) APPLICATION TO UNITED STATES GOVERN14 MENT VESSELS.— 

15 (A) IN GENERAL.—The Administrator may 

16 apply any requirement of this Act to one or 

17 more classes of vessels described in paragraph 

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

19 or agency under which those vessels operate 

20 concurs in that application. 

21 (B) LIMITATION FOR COMBAT-RELATED

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

23 combat-related vessels. 


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1 SEC. 104. ADMINISTRATION AND ENFORCEMENT. 

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

3 Act, with respect to a vessel, the Secretary shall admin4 ister and enforce the Convention and this Act. 

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

6 301 (b) and (c), the Administrator shall administer and 

7 enforce title III of this Act. 

8 (c) REGULATIONS.—The Administrator and the Sec9 retary may each prescribe and enforce regulations as may 

10 be necessary to carry out their respective responsibilities 

11 under this Act. 

12 SEC. 105. COMPLIANCE WITH INTERNATIONAL LAW. 

13 Any action taken under this Act shall be taken in ac14 cordance with treaties to which the United States is a 

15 party and other international obligations of the United 

16 States. 

17 SEC. 106. UTILIZATION OF PERSONNEL, FACILITIES OR 

18 EQUIPMENT OF OTHER FEDERAL DEPART19 MENTS AND AGENCIES. 

20 The Secretary and the Administrator may utilize by 

21 agreement, with or without reimbursement, personnel, fa22 cilities, or equipment of other Federal departments and 

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

24 regulations prescribed under this Act. 


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1 TITLE II—IMPLEMENTATION OF 

2 THE CONVENTION 

3 SEC. 201. CERTIFICATES. 

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

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

6 400 gross tons that engages in one or more international 

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

8 FPSOs) shall carry an International Antifouling System 

9 Certificate. 

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

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

12 required by the Convention has been completed, a vessel 

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

14 international voyage (except fixed or floating platforms, 

15 FSUs, and FPSOs) shall be issued an International 

16 Antifouling System Certificate. The Secretary may issue 

17 the Certificate required by this section. The Secretary may 

18 delegate this authority to an organization that the Sec19 retary determines is qualified to undertake that responsi20 bility. 

21 (c) MAINTENANCE OF CERTIFICATE.—The Certifi22 cate required by this section shall be maintained as re23 quired by the Secretary. 

24 (d) CERTIFICATES ISSUED BY OTHER PARTY COUN25 TRIES.—A Certificate issued by any country that is a 


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1 party to the Convention has the same validity as a Certifi2 cate issued by the Secretary under this section. 

3 (e) VESSELS OF NONPARTY COUNTRIES.—Notwith4 standing subsection (a), a vessel of at least 400 gross tons, 

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

6 country that is not a party to the Convention, may dem7 onstrate compliance with this Act through other appro8 priate documentation considered acceptable by the Sec9 retary. 

10 SEC. 202. DECLARATION. 

11 (a) REQUIREMENTS.—On entry into force of the Con12 vention for the United States, a vessel of at least 24 me13 ters in length, but less than 400 gross tons engaged on 

14 an international voyage (except fixed or floating platforms, 

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

16 subsection (b) that is signed by the owner or owner’s au17 thorized agent. That declaration shall be accompanied by 

18 appropriate documentation, such as a paint receipt or a 

19 contractor invoice, or contain an appropriate endorsement. 

20 (b) CONTENT OF DECLARATION.—The declaration 

21 must contain a clear statement that the antifouling system 

22 on the vessel complies with the Convention. The Secretary 

23 may prescribe the form and other requirements of the dec24 laration. 


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1 SEC. 203. OTHER COMPLIANCE DOCUMENTATION. 

2 In addition to the requirements under sections 201 

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

4 documentation considered necessary to verify compliance 

5 with this Act. 

6 SEC. 204. PROCESS FOR CONSIDERING ADDITIONAL CON7 TROLS. 

8 (a) ACTIONS BY ADMINISTRATOR.—The Adminis9 trator may— 

10 (1) participate in the technical group described 

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

12 body convened pursuant to the Convention for the 

13 consideration of new or additional controls on 

14 antifouling systems; 

15 (2) evaluate any risks of adverse effects on non16 target organisms or human health presented by a 

17 given antifouling system such that the amendment 

18 of annex 1 of the Convention may be warranted; 

19 (3) undertake an assessment of relevant envi20 ronmental, technical, and economic considerations 

21 necessary to evaluate any proposals for new or addi22 tional controls of antifouling systems under the Con23 vention, including benefits in the United States and 

24 elsewhere associated with the production and use in 

25 the United States and elsewhere, of the subject 

26 antifouling system; and 


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1 (4) develop recommendations based on that as2 sessment. 

3 (b) REFERRALS TO TECHNICAL GROUP.— 

4 (1) CONVENING OF SHIPPING COORDINATING

5 COMMITTEE.—On referral of any antifouling system 

6 to the technical group described in article 7 of the 

7 Convention for consideration of new or additional 

8 controls, the Secretary of State shall convene a pub9 lic meeting of the Shipping Coordinating Committee 

10 for the purpose of receiving information and com11 ments regarding controls on such antifouling system. 

12 The Secretary of State shall publish advance notice 

13 of such meeting in the Federal Register and on the 

14 State Department’s Web site. The Administrator 

15 shall assemble and maintain a public docket con16 taining notices pertaining to that meeting, any com17 ments responding to those notices, the minutes of 

18 that meeting, and materials presented at that meet19 ing. 

20 (2) REPORT BY TECHNICAL GROUP.—The Ad21 ministrator shall promptly make any report by the 

22 technical group described in the Convention available 

23 to the public through the docket established pursu24 ant to subsection (b) and announce the availability 

25 of that report in the Federal Register. The AdminisVerDate Nov 24 2008 21:49 Nov 13, 2009 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3618.RH H3618

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1 trator shall provide an opportunity for public com2 ment on the report for a period of not less than 30 

3 days from the time the availability of the report is 

4 announced in the Federal Register. 

5 (3) CONSIDERATION OF COMMENTS.—To the 

6 extent practicable, the Administrator shall take any 

7 comments into consideration in developing rec8 ommendations under subsection (a). 

9 SEC. 205. SCIENTIFIC AND TECHNICAL RESEARCH AND 

10 MONITORING; COMMUNICATION AND INFOR11 MATION. 

12 The Secretary, the Administrator, and the Adminis13 trator of the National Oceanic and Atmospheric Adminis14 tration may each undertake scientific and technical re15 search and monitoring pursuant to article 8 of the Con16 vention and to promote the availability of relevant infor17 mation concerning— 

18 (1) scientific and technical activities undertaken 

19 in accordance with the Convention; 

20 (2) marine scientific and technological pro21 grams and their objectives; and 

22 (3) the effects observed from any monitoring 

23 and assessment programs relating to antifouling sys24 tems. 


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1 SEC. 206. COMMUNICATION AND EXCHANGE OF INFORMA2 TION. 

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

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

5 the Administrator, the Administrator shall provide to any 

6 party to the Convention that requests it, relevant informa7 tion on which the decision to regulate was based, including 

8 information provided for in annex 3 to the Convention, 

9 or other information suitable for making an appropriate 

10 evaluation of the antifouling system. 

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

12 to authorize the provision of information the disclosure of 

13 which is otherwise prohibited by law. 

14 TITLE III—PROHIBITIONS AND 

15 ENFORCEMENT AUTHORITY 

16 SEC. 301. PROHIBITIONS. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, it is unlawful for any person— 

19 (1) to act in violation of this Act, or any regula20 tion prescribed under this Act; 

21 (2) to sell or distribute in domestic or inter22 national commerce organotin or an antifouling sys23 tem containing organotin; 

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

25 formulate an antifouling system; 


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1 (4) to apply an antifouling system containing 

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

3 (5) after the Convention enters into force for 

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

5 manner inconsistent with the Convention, an 

6 antifouling system on any vessel that is subject to 

7 this Act. 

8 (b) VESSEL HULLS.—Except as provided in sub9 section (c), no vessel shall bear on its hull or outer surface 

10 any antifouling system containing organotin, regardless of 

11 when such system was applied, unless that vessel bears 

12 an overcoating which forms a barrier to organotin leaching 

13 from the underlying antifouling system. 

14 (c) LIMITATIONS.— 

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

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

17 FPSOs that were constructed prior to January 1, 

18 2003, and that have not been in dry dock on or after 

19 that date. 

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

21 does not apply to— 

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

23 to any agreement between the Administrator 

24 and any person that results in an earlier prohiVerDate Nov 24 2008 21:49 Nov 13, 2009 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3618.RH H3618

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1 bition or cancellation date than specified in this 

2 Act; or 

3 (B) the manufacture, processing, formula4 tion, sale, distribution, or use of organotin or 

5 antifouling systems containing organotin used 

6 or intended for use only for sonar domes or in 

7 conductivity sensors in oceanographic instru8 ments. 

9 SEC. 302. INVESTIGATIONS AND INSPECTIONS BY SEC10 RETARY. 

11 (a) IN GENERAL.—The Secretary may conduct inves12 tigations and inspections regarding a vessel’s compliance 

13 with this Act or the Convention. 

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

15 under this section, the Secretary may issue subpoenas to 

16 require the attendance of witnesses and the production of 

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

18 a subpoena issued to any person, the Secretary may re19 quest the Attorney General to invoke the aid of the appro20 priate district court of the United States to compel compli21 ance. 

22 (c) FURTHER ACTION.—On completion of an inves23 tigation, the Secretary may take whatever further action 

24 the Secretary considers appropriate under the Convention 

25 or this Act. 


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1 (d) COOPERATION.—The Secretary may cooperate 

2 with other parties to the Convention in the detection of 

3 violations and in enforcement of the Convention. Nothing 

4 in this section affects or alters requirements under any 

5 other laws. 

6 SEC. 303. EPA ENFORCEMENT. 

7 (a) INSPECTIONS, SUBPOENAS.— 

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

9 this Act or any regulation prescribed under this Act, 

10 officers or employees of the Environmental Protec11 tion Agency or of any State designated by the Ad12 ministrator may enter at reasonable times any loca13 tion where there is being held or may be held 

14 organotin or any other substance or antifouling sys15 tem regulated under the Convention, for the purpose 

16 of inspecting and obtaining samples of any con17 tainers or labeling for organotin or other substance 

18 or system regulated under the Convention. 

19 (2) SUBPOENAS.—In any investigation under 

20 this section the Administrator may issue subpoenas 

21 to require the attendance of any witness and the 

22 production of documents and other evidence. In case 

23 of refusal to obey such a subpoena, the Adminis24 trator may request the Attorney General to compel 

25 compliance. 


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

2 ORDERS.—Consistent with section 104, whenever any 

3 organotin or other substance or system regulated under 

4 the Convention is found by the Administrator and there 

5 is reason to believe that a manufacturer, seller, dis6 tributor, or user has violated or is in violation of any provi7 sion of this Act, or that such organotin or other substance 

8 or system regulated under the Convention has been or is 

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

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

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

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

13 other substance or system regulated under the Convention. 

14 After receipt of that order the person may not manufac15 ture, sell, distribute, use, or remove the organotin or other 

16 substance or system regulated under the Convention de17 scribed in the order except in accordance with the order. 

18 SEC. 304. ADDITIONAL AUTHORITY OF THE ADMINIS19 TRATOR. 

20 The Administrator, in consultation with the Sec21 retary, may establish, as necessary, terms and conditions 

22 regarding the removal and disposal of antifouling systems 

23 prohibited or restricted under this Act. 


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1 TITLE IV—ACTION ON VIOLA2 TION, PENALTIES, AND RE3 FERRALS 

4 SEC. 401. CRIMINAL ENFORCEMENT. 

5 Any person who knowingly violates the Convention, 

6 this Act, or any regulation prescribed under this Act, shall 

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

8 not more than 6 years, or both. 

9 SEC. 402. CIVIL ENFORCEMENT. 

10 (a) CIVIL PENALTY.— 

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

12 the Secretary or the Administrator, as appropriate, 

13 after notice and an opportunity for a hearing, to 

14 have— 

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

16 any regulation prescribed under this Act is lia17 ble to the United States Government for a civil 

18 penalty of not more than $37,500 for each vio19 lation; or 

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

21 statement or representation in any matter in 

22 which a statement or representation is required 

23 to be made to the Secretary under the Conven24 tion, this Act, or any regulations prescribed 

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


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

2 each such statement or representation. 

3 (2) RELATIONSHIP TO OTHER LAW.—This sub4 section shall not limit or affect the authority of the 

5 Government under section 1001 of title 18, United 

6 States Code. 

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

8 civil penalty shall be assessed by the Secretary or Adminis9 trator, as appropriate, by written notice. 

10 (c) LIMITATION FOR RECREATIONAL VESSEL.—A 

11 civil penalty imposed under subsection (a) against the 

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

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

14 for a violation of the Convention, this Act, or any regula15 tion prescribed under this Act involving that recreational 

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

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

18 penalties under this section, each day of a continuing vio19 lation constitutes a separate violation. In determining the 

20 amount of the penalty, the Secretary or Administrator 

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

22 and gravity of the prohibited acts committed and, with re23 spect to the violator, the degree of culpability, any history 

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


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

2 matters as justice may require. 

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

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

5 Administrator under this section may, subject to the avail6 ability of appropriations, be paid by the Secretary or Ad7 ministrator, respectively, to any person who provided in8 formation that led to the assessment or imposition of the 

9 penalty. 

10 (f) REFERRAL TO ATTORNEY GENERAL.—If any per11 son fails to pay a civil penalty assessed under this section 

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

13 under this Act, the Secretary or Administrator, as appro14 priate, may refer the matter to the Attorney General of 

15 the United States for collection in any appropriate district 

16 court of the United States. 

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

18 Before referring any civil penalty that is subject to assess19 ment or has been assessed under this section to the Attor20 ney General, the Secretary, or Administrator, as appro21 priate, may compromise, modify, or remit, with or without 

22 conditions, the civil penalty. 

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

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

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


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1 interest on the penalty at an annual rate equal to 11 per2 cent compounded quarterly, attorney fees and costs for 

3 collection proceedings, and a quarterly nonpayment pen4 alty for each quarter during which such failure to pay per5 sists. That nonpayment penalty shall be in an amount 

6 equal to 20 percent of the aggregate amount of that per7 son’s penalties and nonpayment penalties that are unpaid 

8 as of the beginning of that quarter. 

9 SEC. 403. LIABILITY IN REM. 

10 A vessel operated in violation of the Convention, this 

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

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

13 States Code, or civil penalty assessed pursuant to section 

14 402, and may be proceeded against in the United States 

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

16 found. 

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

18 REVOCATION; BOND OR OTHER SURETY. 

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

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

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

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

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

24 a fine or civil penalty under section 402 or 403, the Sec25 retary may refuse or revoke the clearance required by secVerDate Nov 24 2008 21:49 Nov 13, 2009 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H3618.RH H3618

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1 tion 60105 of title 46, United States Code. Clearance may 

2 be granted upon the filing of a bond or other surety satis3 faction to the Secretary. 

4 SEC. 405. WARNINGS, DETENTIONS, DISMISSALS, EXCLU5 SION. 

6 (a) IN GENERAL.—If a vessel is detected to be in vio7 lation of the Convention, this Act, or any regulation pre8 scribed under this Act, the Secretary may warn, detain, 

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

10 terminal under the jurisdiction of the United States. 

11 (b) NOTIFICATIONS.—If action is taken under sub12 section (a), the Secretary, in consultation with the Sec13 retary of State, shall make the notifications required by 

14 the Convention. 

15 SEC. 406. REFERRALS FOR APPROPRIATE ACTION BY FOR16 EIGN COUNTRY. 

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

18 a violation of the Convention is committed by a vessel reg19 istered in or of the nationality of a country that is a party 

20 to the Convention, or by a vessel operated under the au21 thority of a country that is a party to the Convention, 

22 the Secretary, acting in coordination with the Secretary 

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

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

25 whose authority the vessel is operating, for appropriate acVerDate Nov 24 2008 21:49 Nov 13, 2009 Jkt 089200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3618.RH H3618

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1 tion, rather than taking the actions otherwise required or 

2 authorized by this title. 

3 SEC. 407. REMEDIES NOT AFFECTED. 

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

5 amends, modifies, or repeals any other remedy available 

6 to the United States. 

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

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

9 repeals any rights under existing law, of any State, terri10 tory, or possession of the United States, or any political 

11 subdivision thereof, to regulate any antifouling system. 

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

13 possession of the United States, or political subdivision 

14 thereof related to antifouling paint or any other 

15 antifouling system does not relieve any person of the obli16 gation to comply with this Act. 

17 SEC. 408. REPEAL. 

18 The Organotin Antifouling Paint Control Act of 1988 

19 (33 U.S.C. 2401 et seq.) is repealed. 


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Union Calendar No. 189 

111TH CONGRESS 

1ST SESSION H. R. 3618 

[Report No. 111–331, Part I] 

A BILL 

To provide for implementation of the International 

poses. ing Systems on Ships, 2001, and for other purConvention on the Control of Harmful Anti-FoulNOVEMBER 7, 2009 

Reported from the Committee on Transportation and 

Infrastructure 

NOVEMBER 7, 2009 

Committee on Science and Technology discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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