(f) REFERRAL TO ATTORNEY GENERAL.—If any per-
son fails to pay a civil penalty assessed under this section 
after it has become final, or comply with an order issued 
under this Act, the Secretary or Administrator, as appro-
priate, may refer the matter to the Attorney General of 
the United States for collection in any appropriate district 
court of the United States. 
(g) COMPROMISE, MODIFICATION, OR REMISSION.— 
Before referring any civil penalty that is subject to assess-
ment or has been assessed under this section to the Attor-
ney General, the Secretary, or Administrator, as appro-
priate, may compromise, modify, or remit, with or without 
conditions, the civil penalty. 
(h) NONPAYMENT PENALTY.—Any person who fails 
to pay on a timely basis a civil penalty assessed under 
this section shall also be liable to the United States for 
interest on the penalty at an annual rate equal to 11 per-
cent compounded quarterly, attorney fees and costs for 
collection proceedings, and a quarterly nonpayment pen-
alty for each quarter during which such failure to pay per-
sists. That nonpayment penalty shall be in an amount 
equal to 20 percent of the aggregate amount of that per-
son’s penalties and nonpayment penalties that are unpaid 
as of the beginning of that quarter.
SEC. 403. LIABILITY IN REM. 
A vessel operated in violation of the Convention, this 
Act, or any regulation prescribed under this Act, is 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 United States 
district court of any district in which the vessel may be 
found. 
SEC. 404. VESSEL CLEARANCE OR PERMITS; REFUSAL OR 
REVOCATION; BOND OR OTHER SURETY. 
If any vessel that is subject to the Convention or this 
Act, or its owner, operator, or person in charge, is liable 
for a fine or civil penalty under section 402 or 403, or 
if reasonable cause exists to believe that the vessel, its 
owner, operator, or person in charge may be subject to 
a fine or civil penalty under section 402 or 403, the Sec-
retary may refuse or revoke the clearance required by sec-
tion 60105 of title 46, United States Code. Clearance may 
be granted upon the filing of a bond or other surety satis-
faction to the Secretary. 
SEC. 405. WARNINGS, DETENTIONS, DISMISSALS, EXCLU-
SION. 
(a) IN GENERAL.—If a vessel is detected to be in vio-
lation of the Convention, this Act, or any regulation pre-
scribed under this Act, the Secretary may warn, detain,
dismiss, or exclude the vessel from any port or offshore 
terminal under the jurisdiction of the United States. 
(b) NOTIFICATIONS.—If action is taken under sub-
section (a), the Secretary, in consultation with the Sec-
retary of State, shall make the notifications required by 
the Convention. 
SEC. 406. REFERRALS FOR APPROPRIATE ACTION BY FOR-
EIGN COUNTRY. 
Notwithstanding sections 401, 402, 403, and 405, if 
a violation of the Convention is committed by a vessel reg-
istered in or of the nationality of a country that is a party 
to the Convention, or by a vessel operated under the au-
thority 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 ac-
tion, rather than taking the actions otherwise required or 
authorized by this title. 
SEC. 407. REMEDIES NOT AFFECTED. 
(a) IN GENERAL.—Nothing in this Act limits, denies, 
amends, modifies, or repeals any other remedy available 
to the United States. 
(b) RELATIONSHIP TO STATE AND LOCAL LAW.— 
Nothing in this Act limits, denies, amends, modifies, or
repeals any rights under existing law, of any State, terri-
tory, or possession of the United States, or any political 
subdivision thereof, to regulate any antifouling system. 
Compliance with the requirements of a State, territory, or 
possession of the United States, or political subdivision 
thereof related to antifouling paint or any other 
antifouling system does not relieve any person of the obli-
gation to comply with this Act. 
SEC. 408. REPEAL. 
The Organotin Antifouling Paint Control Act of 1988 
(33 U.S.C. 2401 et seq.) is repealed. 
Passed the House of Representatives November 17, 
2009. 
Attest: 
Clerk.
111TH CONGRESS 
1ST SESSION 
H. R. 3618 
AN ACT 
To provide for implementation of the International 
Convention on the Control of Harmful Anti-Foul-
ing Systems on Ships, 2001, and for other pur-
poses.