I 
111TH CONGRESS 
1ST SESSION 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. 
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 with-
in the jurisdiction of the committee concerned 
A BILL 
To provide for implementation of the International Conven-
tion on the Control of Harmful Anti-Fouling Systems 
on Ships, 2001, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Clean Hull Act of 
2009’’. 
TITLE I—GENERAL PROVISIONS 
SEC. 101. DEFINITIONS. 
In this Act: 
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(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) 
ANTIFOULING
SYSTEM.—The 
term 
‘‘antifouling system’’ means a coating, paint, surface 
treatment, surface, or device that is used or intended 
to be used on a vessel to control or prevent attach-
ment of unwanted organisms. 
(3) CONVENTION.—The term ‘‘Convention’’ 
means the International Convention on the Control 
of Harmful Anti-Fouling Systems on Ships, 2001, 
including its annexes, and including any amend-
ments to the Convention or annexes which have en-
tered into force for the United States. 
(4) FPSO.—The term ‘‘FPSO’’ means a float-
ing production, storage, or offloading unit. 
(5) FSU.—The term ‘‘FSU’’ means a floating 
storage unit. 
(6) GROSS TONNAGE.—The term ‘‘gross ton-
nage’’ as defined in chapter 143 of title 46, United 
States Code, means the gross tonnage calculated in 
accordance with the tonnage measurement regula-
tions contained in annex 1 to the International Con-
vention on Tonnage Measurement of Ships, 1969. 
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(7) 
INTERNATIONAL
VOYAGE.—The 
term 
‘‘international voyage’’ means a voyage by a vessel 
entitled to fly the flag of one country to or from a 
port, shipyard, offshore terminal, or other place 
under the jurisdiction of another country. 
(8) ORGANOTIN.—The term ‘‘organotin’’ means 
any compound or additive of tin bound to an organic 
ligand, that is used or intended to be used as biocide 
in an antifouling system. 
(9) PERSON.—The term ‘‘person’’ means— 
(A) any individual, partnership, associa-
tion, corporation, or organized group of persons 
whether incorporated or not; 
(B) any department, agency, or instrumen-
tality of the United States, except as provided 
in section 3(b)(2); or 
(C) any other government entity. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the department in which the 
Coast Guard is operating. 
(11) SELL OR DISTRIBUTE.—The term ‘‘sell or 
distribute’’ means to distribute, sell, offer for sale, 
hold for distribution, hold for sale, hold for ship-
ment, ship, deliver for shipment, release for ship-
ment, import, export, hold for import, hold for ex-
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port, or receive and (having so received) deliver or 
offer to deliver. 
(12) VESSEL.—The term ‘‘vessel’’ has the 
meaning given that term in section 3 of title 1, 
United States Code, including hydrofoil boats, air 
cushion watercraft, submersibles, floating craft, 
fixed or floating platforms, floating storage units, 
and floating production, storage, and offloading 
units. 
(13) TERRITORIAL SEA.—The term ‘‘territorial 
sea’’ means the territorial sea as described in Presi-
dential Proclamation No. 5928 on December 27, 
1988. 
(14) UNITED
STATES.—The term ‘‘United 
States’’ means the several States of the United 
States, the District of Columbia, Puerto Rico, 
Guam, American Samoa, the Virgin Islands, the 
Commonwealth of the Northern Marianas, and any 
other territory or possession over which the United 
States has jurisdiction. 
(15) USE.—The term ‘‘use’’ includes applica-
tion, reapplication, installation, or any other employ-
ment of an antifouling system. 
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SEC. 102. COVERED VESSELS. 
(a) INCLUDED VESSEL.—Except as provided in sub-
section (b), after the Convention enters into force for the 
United States, the following vessels are subject to the re-
quirements of this Act: 
(1) A vessel documented under chapter 121 of 
title 46, United States Code, or one operated under 
the authority of the United States, wherever located. 
(2) Any vessel permitted by a Federal agency to 
operate on the Outer Continental Shelf. 
(3) Any other vessel when— 
(A) in the internal waters of the United 
States; 
(B) in any port, shipyard, offshore ter-
minal, or other place in the United States; 
(C) lightering in the territorial sea; or 
(D) to the extent consistent with inter-
national law, anchoring in the territorial sea of 
the United States. 
(b) EXCLUDED VESSELS.— 
(1) IN GENERAL.—The following vessels are not 
subject to the requirements of this Act: 
(A) Any warship, naval auxiliary, or other 
vessel owned or operated by a foreign state, and 
used, for the time being, only on government 
noncommercial service. 
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(B) Except as provided in paragraph (2), 
any warship, naval auxiliary, or other vessel 
owned or operated by the United States and 
used for the time being only on government 
noncommercial service. 
(2) APPLICATION TO UNITED STATES GOVERN-
MENT VESSELS.— 
(A) IN GENERAL.—The Administrator may 
apply any requirement of this Act to one or 
more classes of vessels described in paragraph 
(1)(B), if the head of the Federal department 
or agency under which those vessels operate 
concurs in that application. 
(B) LIMITATION
FOR
COMBAT-RELATED 
VESSEL.—Paragraph (1) shall not apply to 
combat-related vessels. 
SEC. 104. ADMINISTRATION AND ENFORCEMENT. 
(a) IN GENERAL.—Unless otherwise specified in this 
Act, with respect to a vessel, the Secretary shall admin-
ister and enforce the Convention and this Act. 
(b) ADMINISTRATOR.—Except with respect to section 
301 (b) and (c), the Administrator shall administer and 
enforce title III of this Act. 
(c) REGULATIONS.—The Administrator and the Sec-
retary may each prescribe and enforce regulations as may 
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be necessary to carry out their respective responsibilities 
under this Act. 
SEC. 105. COMPLIANCE WITH INTERNATIONAL LAW. 
Any action taken under this Act shall be taken in ac-
cordance 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 DEPART-
MENTS AND AGENCIES. 
The Secretary and the Administrator may utilize by 
agreement, with or without reimbursement, personnel, fa-
cilities, or equipment of other Federal departments and 
agencies in administering the Convention, this Act, or any 
regulations prescribed under this Act. 
TITLE II—IMPLEMENTATION OF 
THE CONVENTION 
SEC. 201. CERTIFICATES. 
(a) CERTIFICATE REQUIRED.—On entry into force of 
the Convention for the United States, any vessel of at least 
400 gross tons that engages in one or more international 
voyages (except fixed or floating platforms, FSUs, and 
FPSOs) shall carry an International Antifouling System 
Certificate. 
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