(d) COOPERATION.—The Secretary may cooperate 
with other parties to the Convention in the detection of 
violations and in enforcement of the Convention. Nothing 
in this section affects or alters requirements under any 
other laws. 
SEC. 303. EPA ENFORCEMENT. 
(a) INSPECTIONS, SUBPOENAS.— 
(1) IN GENERAL.—For purposes of enforcing 
this Act or any regulation prescribed under this Act, 
officers or employees of the Environmental Protec-
tion Agency or of any State designated by the Ad-
ministrator may enter at reasonable times any loca-
tion where there is being held or may be held 
organotin or any other substance or antifouling sys-
tem regulated under the Convention, for the purpose 
of inspecting and obtaining samples of any con-
tainers or labeling for organotin or other substance 
or system regulated under the Convention. 
(2) SUBPOENAS.—In any investigation under 
this section the Administrator may issue subpoenas 
to require the attendance of any witness and the 
production of documents and other evidence. In case 
of refusal to obey such a subpoena, the Adminis-
trator may request the Attorney General to compel 
compliance. 
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(b) STOP MANUFACTURE, SALE, USE, OR REMOVAL 
ORDERS.—Consistent with section 104, whenever any 
organotin or other substance or system regulated under 
the Convention is found by the Administrator and there 
is reason to believe that a manufacturer, seller, dis-
tributor, or user has violated or is in violation of any provi-
sion of this Act, or that such organotin or other substance 
or system regulated under the Convention 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 person 
that owns, controls, or has custody of such organotin or 
other substance or system regulated under the Convention. 
After receipt of that order the person may not manufac-
ture, sell, distribute, use, or remove the organotin or other 
substance or system regulated under the Convention de-
scribed in the order except in accordance with the order. 
SEC. 304. ADDITIONAL AUTHORITY OF THE ADMINIS-
TRATOR. 
The Administrator, in consultation with the Sec-
retary, may establish, as necessary, terms and conditions 
regarding the removal and disposal of antifouling systems 
prohibited or restricted under this Act. 
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TITLE IV—ACTION ON VIOLA-
TION, PENALTIES, AND RE-
FERRALS 
SEC. 401. CRIMINAL ENFORCEMENT. 
Any person who knowingly violates the Convention, 
this Act, or any regulation prescribed under this Act, shall 
be fined under title 18, United States Code, or imprisoned 
not more than 6 years, or both. 
SEC. 402. CIVIL ENFORCEMENT. 
(a) CIVIL PENALTY.— 
(1) IN GENERAL.—Any person who is found by 
the Secretary or the Administrator, as appropriate, 
after notice and an opportunity for a hearing, to 
have— 
(A) violated the Convention, this Act, or 
any regulation prescribed under this Act is lia-
ble to the United States Government for a civil 
penalty of not more than $37,500 for each vio-
lation; or 
(B) made a false, fictitious, or fraudulent 
statement or representation in any matter in 
which a statement or representation is required 
to be made to the Secretary under the Conven-
tion, this Act, or any regulations prescribed 
under this Act, is liable to the United States for 
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a civil penalty of not more than $50,000 for 
each such statement or representation. 
(2) RELATIONSHIP TO OTHER LAW.—This sub-
section shall not limit or affect the authority of the 
Government under section 1001 of title 18, United 
States Code. 
(b) ASSESSMENT OF PENALTY.—The amount of the 
civil penalty shall be assessed by the Secretary or Adminis-
trator, as appropriate, by written notice. 
(c) LIMITATION
FOR RECREATIONAL VESSEL.—A 
civil penalty imposed under subsection (a) against the 
owner or operator of a recreational vessel, as that term 
is defined in section 2101 of title 46, United States Code, 
for a violation of the Convention, this Act, or any regula-
tion prescribed under this Act involving that recreational 
vessel, may not exceed $5,000 for each violation. 
(d) DETERMINATION OF PENALTY.—For purposes of 
penalties under this section, each day of a continuing vio-
lation constitutes a separate violation. In determining the 
amount of the penalty, the Secretary or Administrator 
shall take into account the nature, circumstances, extent, 
and gravity of the prohibited acts committed and, with re-
spect to the violator, the degree of culpability, any history 
of prior offenses, the economic impact of the penalty on 
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the violator, the economic benefit to the violator and other 
matters as justice may require. 
(e) REWARD.—An amount equal to not more than 
one-half of any civil penalty assessed by the Secretary or 
Administrator under this section may, subject to the avail-
ability of appropriations, be paid by the Secretary or Ad-
ministrator, respectively, to any person who provided in-
formation that led to the assessment or imposition of the 
penalty. 
(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 
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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-
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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. 
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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 
Convention on the Control of Harmful Anti-Foul-
ing Systems on Ships, 2001, and for other pur-
poses. 
NOVEMBER 7, 2009 
Reported from the Committee on Transportation and 
Infrastructure 
NOVEMBER 7, 2009 
Committee on Science and Technology discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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