288 
(c) OTHER OBLIGATIONS UNAFFECTED.—Nothing in 
this section amends or affects any obligation of the Coast 
Guard or any other person under the Toxic Substances Con-
trol Act (15 U.S.C. 2601 et seq.) or any other law regarding 
use or disposal of hazardous materials including asbestos 
and polychlorinated biphenyls. 
(d) ELIGIBLE ENTITY DEFINED.—In this section, the 
term ‘‘eligible entity’’ means a State or local government, 
nonprofit corporation, educational agency, community de-
velopment organization, or other entity that agrees to com-
ply with the conditions established under this section. 
SEC. 915. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION 
AND TRAFFIC FLOW. 
(a) INFORMATION ON USAGE.—Within 60 days after 
the date of enactment of this Act, the Commandant of the 
Coast Guard shall— 
(1) determine the types and numbers of vessels 
typically transiting or utilizing that portion of the 
Atlantic Intracoastal Waterway beginning at a point 
that is due East of the outlet of the Cutler Drain 
Canal C–100 in Dade County, Florida, and ending at 
the Dade County line, during a period of 30 days; 
and 
(2) provide the information on usage compiled 
under this subsection to the Senate Committee on
289 
Commerce, Science, and Transportation and the 
House of Representatives Committee on Transpor-
tation and Infrastructure. 
(b) ASSESSMENT OF CERTAIN AIDS TO NAVIGATION.— 
Within 90 days after the date of enactment of this Act, the 
Commandant of the Coast Guard shall— 
(1) review and assess the buoys, markers, and 
other aids to navigation in and along that portion of 
the Atlantic Intracoastal Waterway specified in sub-
section (a), to determine the adequacy and sufficiency 
of such aids, and the need to replace such aids, install 
additional aids, or both; and 
(2) submit a report on the assessment required 
by this section to the committees. 
(c) SUBMISSION OF PLAN.—Within 180 days after the 
date of enactment of this Act, the Commandant shall submit 
a plan to the committees to address the needs identified 
under subsection (b). 
SEC. 916. FRESNEL LENS FROM PRESQUE ISLE LIGHT STA-
TION IN PRESQUE ISLE, MICHIGAN. 
(a) DETERMINATION; ANALYSES.— 
(1) DETERMINATION.—The Commandant of the 
Coast Guard shall determine the necessity and ade-
quacy of the existing Federal aids to navigation at 
Presque Isle Light Station, Presque Isle, Michigan
290 
(hereinafter ‘‘Light Station’’), and submit such deter-
mination to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. The Commandant may base such 
determination on the Waterways Analysis and Man-
agement System study of such Federal aid to naviga-
tion, provided that such study was completed not 
more than 1 year prior to the date of enactment of 
this section. 
(2) ANALYSES.—The Commandant of the Coast 
Guard shall conduct— 
(A) an analysis of the feasibility of restor-
ing the Fresnel Lens from the Light Station to 
operating condition, the capacity of the Coast 
Guard to maintain the Fresnel Lens as a Fed-
eral aid to navigation, and the impact on the 
Fresnel Lens as an artifact if used as a Federal 
aid to navigation; and 
(B) a comparative analysis of the cost of re-
storing, reinstalling, operating, and maintaining 
the Fresnel Lens (including life-cycle costs) and 
the cost of operating and maintaining the exist-
ing Federal aid to navigation at the Light Sta-
tion (including life-cycle costs).
291 
(3) SUBMISSION.—Not later than 1 year after 
the date of enactment of this section, the Com-
mandant of the Coast Guard shall submit the deter-
mination and analyses, conducted pursuant to this 
subsection, to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
(b) TRANSFER POSSESSION OF LENS AUTHORIZED.— 
(1) 
TRANSFER
OF
POSSESSION.—Notwith-
standing any other provision of law, the Com-
mandant of the Coast Guard may transfer to the 
Township of Presque Isle, Michigan (hereinafter 
‘‘Township’’), possession of the Fresnel Lens from the 
Light Station for the purpose of conserving and dis-
playing such Fresnel Lens as an artifact in an exhi-
bition facility at or near the Light Station. 
(2) CONDITION.—As a condition of the transfer 
of possession pursuant to paragraph (1)— 
(A) all Federal aids to navigation located 
at, on, or in the Light Station in operation on 
the date of transfer of possession shall remain the 
personal property of the United States and con-
tinue to be operated and maintained by the
292 
United States for as long as needed for naviga-
tional purposes; 
(B) there is reserved to the United States 
the right to maintain, remove, replace, or install 
any Federal aid to navigation located at, on, or 
in the Light Station as may be necessary for 
navigational purposes; and 
(C) the Township shall neither interfere nor 
allow interference in any manner with any Fed-
eral aid to navigation, nor hinder activities re-
quired for the operation and maintenance of any 
Federal aid to navigation. 
(3) ALTERNATIVE DISPLAY.— 
(A) In the event that— 
(i) the Commandant of the Coast 
Guard, pursuant to a Waterways Analysis 
and Management System study, discon-
tinues the existing Federal aids to naviga-
tion at, on, or in the Light Station; and 
(ii) the Township demonstrates to the 
satisfaction of the Commandant that the 
Township can restore, reinstall, and display 
the Fresnel Lens from the Light Station in 
the lantern room of such Light Station in
293 
a manner that conserves such Fresnel Lens 
as an artifact, 
the Township is authorized, notwithstanding 
paragraph (1), to display such Fresnel Lens in 
the lantern room of such Light Station. 
(B) Nothing in this paragraph shall be con-
strued to prevent the Township from installing a 
replica of the Fresnel Lens in the lantern room 
of such Light Station. 
(c) CONVEYANCE, TRANSFER
OF ADDITIONAL PER-
SONAL PROPERTY.—Notwithstanding any other provision 
of law, the Commandant may convey or transfer possession 
of any personal property of the United States, pertaining 
to the Fresnel Lens or the Light Station, as an artifact to 
the Township. 
(d) TERMS; REVERSIONARY INTEREST.—As a condi-
tion of transfer of possession of personal property of the 
United States, pursuant to subsection (c), the Commandant 
may require the Township to comply with terms and condi-
tions necessary to protect and conserve such personal prop-
erty. Upon notice that the Commandant has determined 
that the Township has not complied with such terms and 
conditions, the Township shall immediately transfer posses-
sion of such personal property to the Coast Guard, except 
to the extent otherwise approved by the Commandant.
294 
(e) CONVEYANCE
WITHOUT
CONSIDERATION.—The 
conveyance or transfer of possession of any personal prop-
erty of the United States (including the Fresnel Lens) under 
this section shall be without consideration. 
(f) DELIVERY OF PROPERTY.—The Commandant shall 
deliver any personal property, conveyed or transferred pur-
suant to this section (including the Fresnel Lens)— 
(1) at the place where such property is located 
on the date of the conveyance; 
(2) in condition on the date of conveyance; and 
(3) without cost to the United States. 
(g) MAINTENANCE OF PROPERTY.—As a condition of 
the transfer of possession of the Fresnel Lens and any other 
personal property of the United States to the Township 
under this section, the Commandant shall enter into an 
agreement with the Township under which the Township 
agrees to hold the United States harmless for any claim 
arising with respect to the Fresnel Lens or such personal 
property. 
(h) LIMITATION ON FUTURE TRANSFERS.—The instru-
ments providing for the transfer of possession of the Fresnel 
Lens or any other personal property of the United States 
under this section shall— 
(1) require that any further transfer of an inter-
est in the Fresnel Lens or personal property may not
295 
be made without the advance approval of the Com-
mandant; and 
(2) provide that, if the Commandant determines 
that an interest in the Fresnel Lens or personal prop-
erty was transferred without such approval— 
(A) all right, title, and interest in the 
Fresnel Lens or personal property shall revert to 
the United States, and the United States shall 
have the right to immediate possession of the 
Fresnel Lens or personal property; and 
(B) the recipient of the Fresnel Lens or per-
sonal property shall pay the United States for 
costs incurred by the United States in recovering 
the Fresnel Lens or personal property. 
(i) ADDITIONAL TERMS AND CONDITIONS.—The Com-
mandant may require such additional terms and conditions 
in connection with the conveyance or transfer of personal 
property of the United States (including the Fresnel Lens) 
authorized by this section as the Commandant considers ap-
propriate to protect the interests of the United States. 
SEC. 917. MARITIME LAW ENFORCEMENT. 
(a) PENALTIES.—Section 2237(b) of title 18, United 
States Code, is amended to read as follows: 
‘‘(b) Whoever knowingly violates this section shall—
296 
‘‘(1) if the offense results in death or involves 
kidnapping, an attempt to kidnap or kill, conduct re-
quired for an offense or an attempt to commit an of-
fense, under section 2241 (relating to aggravated sex-
ual abuse) without regard to where it takes place, or 
an attempt to kill, be fined under this title or impris-
oned for any term of years or life, or both; 
‘‘(2) if the offense results in serious bodily injury 
(as defined in section 1365), be fined under this title 
or imprisoned for not more than 15 years, or both; 
‘‘(3) if the offense involves knowing transpor-
tation under inhumane conditions and is committed 
in the course of a violation of section 274 of the Im-
migration and Nationality Act; chapter 77 or section 
111, 111A, 113, or 117 of this title; chapter 705 of 
title 46; or title II of the Act of June 15, 1917 (Chap-
ter 30; 40 Stat. 220), be fined under this title or im-
prisoned for not more than 15 years, or both; and 
‘‘(4) in any other case, be fined under this title 
or imprisoned for not more than 5 years, or both.’’. 
(b) DEFINITION.—Section 2237(e) of title 18, United 
States Code is amended— 
(1) by amending paragraph (3) to read as fol-
lows:
297 
‘‘(3) the term ‘vessel subject to the jurisdiction of 
the United States’ has the meaning given the term in 
section 70502 of title 46;’’; 
(2) in paragraph (4), by striking ‘‘section 2 of 
the Maritime Drug Law Enforcement Act (46 U.S.C. 
App. 1903).’’ and inserting ‘‘section 70502 of title 46; 
and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(5) the term ‘transportation under inhumane 
conditions’ means— 
‘‘(A) transportation— 
‘‘(i) of one or more persons in an en-
gine compartment, storage compartment, or 
other confined space; 
‘‘(ii) at an excessive speed; or 
‘‘(iii) of a number of persons in excess 
of the rated capacity of the vessel; or 
‘‘(B) intentional grounding of a vessel in 
which persons are being transported.’’. 
SEC. 918. CAPITAL INVESTMENT PLAN. 
The Commandant of the Coast Guard shall submit to 
the Committee on Transportation and Infrastructure and 
the Committee on Commerce, Science, and Transportation 
of the Senate the Coast Guard’s 5-year capital investment
298 
plan concurrent with the President’s budget submission for 
each fiscal year. 
SEC. 919. REPORTS. 
Notwithstanding any other provision of law, in fiscal 
year 2011 the total amount of appropriated funds obligated 
or expended by the Coast Guard during any fiscal year in 
connection with any study or report required by law may 
not exceed the total amount of appropriated funds obligated 
or expended by the Coast Guard for such purpose in fiscal 
year 2010. In order to comply with the requirements of this 
limitation, the Commandant of the Coast Guard shall estab-
lish for each fiscal year a rank order of priority for studies 
and reports that can be conducted or completed during the 
fiscal year consistent with this limitation and shall post 
the list on the Coast Guard’s public website. 
SEC. 920. COMPLIANCE PROVISION. 
The budgetary effects of this Act, for purposes of com-
plying with the Statutory Pay-As-You-Go Act of 2010, shall 
be determined by reference to the latest statement titled 
‘‘Budgetary Effects of PAYGO Legislation’’ for this Act, 
jointly submitted for printing in the Congressional Record 
by the Chairmen of the House and Senate Budget Commit-
tees, provided that such statement has been submitted prior 
to the vote on passage in the House acting first on this con-
ference report or amendments between the Houses.
299 
SEC. 921. CONVEYANCE OF COAST GUARD PROPERTY IN 
PORTLAND, MAINE. 
Section 347 of the Maritime Transportation Security 
Act of 2002 (116 Stat. 2108; as amended by section 706 
of Public Law 109–347 (120 Stat. 1946)) is amended in 
subsection (i), by adding at the end the following new para-
graph: 
‘‘(3) PUBLIC AQUARIUM.—For purposes of this 
section, the term ‘aquarium’ or ‘public aquarium’ as 
used in this section or in the deed delivered to the 
Corporation or any agreement entered into pursuant 
to this section, means any new building constructed 
by the Corporation adjacent to the pier and bulkhead 
in compliance with the waterfront provisions of the 
City of Portland Code of Ordinances.’’. 
TITLE X—CLEAN HULLS 
Subtitle A—General Provisions 
SEC. 1011. DEFINITIONS. 
In this title: 
(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
300 
to be used on a vessel to control or prevent attachment 
of unwanted organisms. 
(3) 
CONVENTION.—The 
term 
‘‘Convention’’ 
means the International Convention on the Control of 
Harmful Anti-Fouling Systems on Ships, 2001, in-
cluding its annexes, and including any amendments 
to the Convention or annexes which have entered into 
force for the United States. 
(4) FPSO.—The term ‘‘FPSO’’ means a floating 
production, storage, or offloading unit. 
(5) FSU.—The term ‘‘FSU’’ means a floating 
storage unit. 
(6) GROSS TONNAGE.—The term ‘‘gross tonnage’’ 
as defined in chapter 143 of title 46, United States 
Code, means the gross tonnage calculated in accord-
ance with the tonnage measurement regulations con-
tained in annex 1 to the International Convention on 
Tonnage Measurement of Ships, 1969. 
(7) INTERNATIONAL VOYAGE.—The term ‘‘inter-
national voyage’’ means a voyage by a vessel entitled 
to fly the flag of one country to or from a port, ship-
yard, offshore terminal, or other place under the juris-
diction of another country. 
(8) ORGANOTIN.—The term ‘‘organotin’’ means 
any compound or additive of tin bound to an organic
301 
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 shipment, 
ship, deliver for shipment, release for shipment, im-
port, export, hold for import, hold for export, or re-
ceive and (having so received) deliver or offer to de-
liver. 
(12) VESSEL.—The term ‘‘vessel’’ has the mean-
ing given that term in section 3 of title 1, United 
States Code, including hydrofoil boats, air cushion 
watercraft, submersibles, floating craft, fixed or float-
302 
ing 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, Amer-
ican Samoa, the Virgin Islands, the Commonwealth of 
the Northern Marianas, and any other territory or 
possession over which the United States has jurisdic-
tion. 
(15) USE.—The term ‘‘use’’ includes application, 
reapplication, installation, or any other employment 
of an antifouling system. 
SEC. 1012. 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 title: 
(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.
303 
(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 title: 
(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. 
(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 non-
commercial service. 
(2) APPLICATION TO UNITED STATES GOVERN-
MENT VESSELS.— 
(A) IN GENERAL.—The Administrator may 
apply any requirement of this title to one or
304 
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.—Subparagraph (A) shall not apply to 
combat-related vessels. 
SEC. 1013. ADMINISTRATION AND ENFORCEMENT. 
(a) IN GENERAL.—Unless otherwise specified in this 
title, with respect to a vessel, the Secretary shall administer 
and enforce the Convention and this title. 
(b) ADMINISTRATOR.—Except with respect to section 
1031(b) and (c), the Administrator shall administer and 
enforce subtitle C. 
(c) REGULATIONS.—The Administrator and the Sec-
retary may each prescribe and enforce regulations as may 
be necessary to carry out their respective responsibilities 
under this title. 
SEC. 1014. COMPLIANCE WITH INTERNATIONAL LAW. 
Any action taken under this title shall be taken in ac-
cordance with treaties to which the United States is a party 
and other international obligations of the United States.
305 
SEC. 1015. 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 title, or any 
regulations prescribed under this title. 
Subtitle B—Implementation of the 
Convention 
SEC. 1021. 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. 
(b) ISSUANCE OF CERTIFICATE.—On entry into force 
of the Convention, on a finding that a successful survey re-
quired by the Convention has been completed, a vessel of 
at least 400 gross tons that engages in at least one inter-
national voyage (except fixed or floating platforms, FSUs, 
and FPSOs) shall be issued an International Antifouling 
System Certificate. The Secretary may issue the Certificate 
required by this section. The Secretary may delegate this
306 
authority to an organization that the Secretary determines 
is qualified to undertake that responsibility. 
(c) MAINTENANCE OF CERTIFICATE.—The Certificate 
required by this section shall be maintained as required by 
the Secretary. 
(d) CERTIFICATES ISSUED BY OTHER PARTY COUN-
TRIES.—A Certificate issued by any country that is a party 
to the Convention has the same validity as a Certificate 
issued by the Secretary under this section. 
(e) VESSELS
OF NONPARTY COUNTRIES.—Notwith-
standing subsection (a), a vessel of at least 400 gross tons, 
having the nationality of or entitled to fly the flag of a 
country that is not a party to the Convention, may dem-
onstrate compliance with this title through other appro-
priate documentation considered acceptable by the Sec-
retary. 
SEC. 1022. DECLARATION. 
(a) REQUIREMENTS.—On entry into force of the Con-
vention for the United States, a vessel of at least 24 meters 
in length, but less than 400 gross tons engaged on an inter-
national voyage (except fixed or floating platforms, FSUs, 
and FPSOs) must carry a declaration described in sub-
section (b) that is signed by the owner or owner’s authorized 
agent. That declaration shall be accompanied by appro-
307 
priate documentation, such as a paint receipt or a con-
tractor invoice, or contain an appropriate endorsement. 
(b) CONTENT
OF
DECLARATION.—The declaration 
must contain a clear statement that the antifouling system 
on the vessel complies with the Convention. The Secretary 
may prescribe the form and other requirements of the dec-
laration. 
SEC. 1023. OTHER COMPLIANCE DOCUMENTATION. 
In addition to the requirements under sections 1021 
and 1022, the Secretary may require vessels to hold other 
documentation considered necessary to verify compliance 
with this title. 
SEC. 1024. PROCESS FOR CONSIDERING ADDITIONAL CON-
TROLS. 
(a) ACTIONS BY ADMINISTRATOR.—The Administrator 
may— 
(1) participate in the technical group described 
in Article 7 of the Convention, and in any other body 
convened pursuant to the Convention for the consider-
ation of new or additional controls on antifouling 
systems; 
(2) evaluate any risks of adverse effects on non-
target organisms or human health presented by a 
given antifouling system such that the amendment of 
annex 1 of the Convention may be warranted;
308 
(3) undertake an assessment of relevant environ-
mental, technical, and economic considerations nec-
essary to evaluate any proposals for new or addi-
tional controls of antifouling systems under the Con-
vention, including benefits in the United States and 
elsewhere associated with the production and use in 
the United States and elsewhere, of the subject 
antifouling system; and 
(4) develop recommendations based on that as-
sessment. 
(b) REFERRALS TO TECHNICAL GROUP.— 
(1) CONVENING
OF
SHIPPING
COORDINATING 
COMMITTEE.—On referral of any antifouling system 
to the technical group described in article 7 of the 
Convention for consideration of new or additional 
controls, the Secretary of State shall convene a public 
meeting of the Shipping Coordinating Committee for 
the purpose of receiving information and comments 
regarding controls on such antifouling system. The 
Secretary of State shall publish advance notice of 
such meeting in the Federal Register and on the State 
Department’s Web site. The Administrator shall as-
semble and maintain a public docket containing no-
tices pertaining to that meeting, any comments re-
309 
sponding to those notices, the minutes of that meeting, 
and materials presented at that meeting. 
(2) REPORT
BY
TECHNICAL
GROUP.—The Ad-
ministrator shall promptly make any report by the 
technical group described in the Convention available 
to the public through the docket established pursuant 
to subsection (b) and announce the availability of 
that report in the Federal Register. The Adminis-
trator shall provide an opportunity for public com-
ment on the report for a period of not less than 30 
days from the time the availability of the report is 
announced in the Federal Register. 
(3) CONSIDERATION OF COMMENTS.—To the ex-
tent practicable, the Administrator shall take any 
comments into consideration in developing rec-
ommendations under subsection (a). 
SEC. 1025. SCIENTIFIC AND TECHNICAL RESEARCH AND 
MONITORING; COMMUNICATION AND INFOR-
MATION. 
The Secretary, the Administrator, and the Adminis-
trator of the National Oceanic and Atmospheric Adminis-
tration may each undertake scientific and technical re-
search and monitoring pursuant to article 8 of the Conven-
tion and to promote the availability of relevant information 
concerning—
310 
(1) scientific and technical activities undertaken 
in accordance with the Convention; 
(2) marine scientific and technological programs 
and their objectives; and 
(3) the effects observed from any monitoring and 
assessment programs relating to antifouling systems. 
SEC. 1026. COMMUNICATION AND EXCHANGE OF INFORMA-
TION. 
(a) IN GENERAL.—Except as provided in subsection 
(b), with respect to those antifouling systems regulated by 
the Administrator, the Administrator shall provide to any 
party to the Convention that requests it, relevant informa-
tion on which the decision to regulate was based, including 
information provided for in annex 3 to the Convention, or 
other information suitable for making an appropriate eval-
uation of the antifouling system. 
(b) LIMITATION.—This section shall not be construed 
to authorize the provision of information the disclosure of 
which is otherwise prohibited by law. 
Subtitle C—Prohibitions and 
Enforcement Authority 
SEC. 1031. PROHIBITIONS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, it is unlawful for any person—
311 
(1) to act in violation of this title, or any regu-
lation prescribed under this title; 
(2) to sell or distribute in domestic or inter-
national commerce organotin or an antifouling sys-
tem containing organotin; 
(3) to manufacture, process, or use organotin to 
formulate an antifouling system; 
(4) to apply an antifouling system containing 
organotin on any vessel to which this title applies; or 
(5) after the Convention enters into force for the 
United States, to apply or otherwise use in a manner 
inconsistent with the Convention, an antifouling sys-
tem on any vessel that is subject to this title. 
(b) VESSEL HULLS.—Except as provided in subsection 
(c), no vessel shall bear on its hull or outer surface any 
antifouling system containing organotin, regardless of when 
such system was applied, unless that vessel bears an over-
coating which forms a barrier to organotin leaching from 
the underlying antifouling system. 
(c) LIMITATIONS.— 
(1) EXCEPTED VESSEL.—Subsection (b) does not 
apply to fixed or floating platforms, FSUs, or FPSOs 
that were constructed prior to January 1, 2003, and 
that have not been in dry dock on or after that date.
312 
(2) SALE, MANUFACTURE, ETC.—This section 
does not apply to— 
(A) the sale, distribution, or use pursuant 
to any agreement between the Administrator and 
any person that results in an earlier prohibition 
or cancellation date than specified in this title; 
or 
(B) the manufacture, processing, formula-
tion, sale, distribution, or use of organotin or 
antifouling systems containing organotin used or 
intended for use only for sonar domes or in con-
ductivity sensors in oceanographic instruments. 
SEC. 1032. INVESTIGATIONS AND INSPECTIONS BY SEC-
RETARY. 
(a) IN GENERAL.—The Secretary may conduct inves-
tigations and inspections regarding a vessel’s compliance 
with this title or the Convention. 
(b) VIOLATIONS; SUBPOENAS.—In any investigation 
under this section, the Secretary may issue subpoenas to 
require the attendance of witnesses and the production of 
documents and other evidence. In case of refusal to obey 
a subpoena issued to any person, the Secretary may request 
the Attorney General to invoke the aid of the appropriate 
district court of the United States to compel compliance.
313 
(c) FURTHER ACTION.—On completion of an inves-
tigation, the Secretary may take whatever further action 
the Secretary considers appropriate under the Convention 
or this title. 
(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 sec-
tion affects or alters requirements under any other laws. 
SEC. 1033. EPA ENFORCEMENT. 
(a) INSPECTIONS, SUBPOENAS.— 
(1) IN GENERAL.—For purposes of enforcing this 
title or any regulation prescribed under this title, offi-
cers or employees of the Environmental Protection 
Agency or of any State designated by the Adminis-
trator may enter at reasonable times any location 
where there is being held or may be held organotin or 
any other substance or antifouling system regulated 
under the Convention, for the purpose of inspecting 
and obtaining samples of any containers 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 produc-
tion of documents and other evidence. In case of re-
314 
fusal to obey such a subpoena, the Administrator may 
request the Attorney General to compel compliance. 
(b) STOP MANUFACTURE, SALE, USE, OR REMOVAL 
ORDERS.—Consistent with section 1013, whenever any 
organotin or other substance or system regulated under the 
Convention is found by the Administrator and there is rea-
son to believe that a manufacturer, seller, distributor, or 
user has violated or is in violation of any provision of this 
title, 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 title, the Administrator may issue a stop manufacture, 
sale, use, or removal order to any person that owns, con-
trols, or has custody of such organotin or other substance 
or system regulated under the Convention. After receipt of 
that order the person may not manufacture, sell, distribute, 
use, or remove the organotin or other substance or system 
regulated under the Convention described in the order ex-
cept in accordance with the order. 
SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINIS-
TRATOR. 
The Administrator, in consultation with the Secretary, 
may establish, as necessary, terms and conditions regarding 
the removal and disposal of antifouling systems prohibited 
or restricted under this title.
315 
Subtitle D—Action on Violation, 
Penalties, and Referrals 
SEC. 1041. CRIMINAL ENFORCEMENT. 
Any person who knowingly violates paragraph (2), (3), 
(4), or (5) of section 1031(a) or section 1031(b) shall be 
fined under title 18, United States Code, or imprisoned not 
more than 6 years, or both. 
SEC. 1042. 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 title, or 
any regulation prescribed under this title, is lia-
ble to the United States Government for a civil 
penalty of not more than $37,500 for each viola-
tion; 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 title, or any regulations prescribed 
under this title, is liable to the United States for
316 
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 viola-
tion of the Convention, this title, or any regulation pre-
scribed under this title 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 viola-
tion 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 respect 
to the violator, the degree of culpability, any history of prior 
offenses, the economic impact of the penalty on the violator,
317 
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 Ad-
ministrator 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 infor-
mation that led to the assessment or imposition of the pen-
alty. 
(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 title, 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 Attorney 
General, the Secretary, or Administrator, as appropriate, 
may compromise, modify, or remit, with or without condi-
tions, 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
318 
on the penalty at an annual rate equal to 11 percent com-
pounded quarterly, attorney fees and costs for collection 
proceedings, and a quarterly nonpayment penalty for each 
quarter during which such failure to pay persists. That 
nonpayment penalty shall be in an amount equal to 20 per-
cent of the aggregate amount of that person’s penalties and 
nonpayment penalties that are unpaid as of the beginning 
of that quarter. 
SEC. 1043. LIABILITY IN REM. 
A vessel operated in violation of the Convention, this 
title, or any regulation prescribed under this title, is liable 
in rem for any fine imposed under section 18, United States 
Code, or civil penalty assessed pursuant to section 1042, 
and may be proceeded against in the United States district 
court of any district in which the vessel may be found. 
SEC. 1044. VESSEL CLEARANCE OR PERMITS; REFUSAL OR 
REVOCATION; BOND OR OTHER SURETY. 
If any vessel that is subject to the Convention or this 
title, or its owner, operator, or person in charge, is liable 
for a fine or civil penalty under section 1042 or 1043, 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 1042 or 1043, the Secretary may 
refuse or revoke the clearance required by section 60105 of 
title 46, United States Code. Clearance may be granted
319 
upon the filing of a bond or other surety satisfaction to the 
Secretary. 
SEC. 1045. WARNINGS, DETENTIONS, DISMISSALS, EXCLU-
SION. 
(a) IN GENERAL.—If a vessel is detected to be in viola-
tion of the Convention, this title, or any regulation pre-
scribed under this title, the Secretary may warn, detain, 
dismiss, or exclude the vessel from any port or offshore ter-
minal 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. 1046. REFERRALS FOR APPROPRIATE ACTION BY FOR-
EIGN COUNTRY. 
Notwithstanding sections 1041, 1042, 1043, and 1045, 
if a violation of the Convention is committed by a vessel 
registered in or of the nationality of a country that is a 
party to the Convention, or by a vessel operated under the 
authority 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 au-
thority the vessel is operating, for appropriate action, rath-
320 
er than taking the actions otherwise required or authorized 
by this subtitle. 
SEC. 1047. REMEDIES NOT AFFECTED. 
(a) IN GENERAL.—Nothing in this title limits, denies, 
amends, modifies, or repeals any other remedy available to 
the United States. 
(b) RELATIONSHIP TO STATE AND LOCAL LAW.—Noth-
ing in this title limits, denies, amends, modifies, or repeals 
any rights under existing law, of any State, territory, 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 obligation to comply with this 
title. 
SEC. 1048. REPEAL. 
The Organotin Antifouling Paint Control Act of 1988 
(33 U.S.C. 2401 et seq.) is repealed.
321 
Amend the title so as to read: ‘‘An Act to authorize 
appropriations for the Coast Guard for fiscal year 2011, 
and for other purposes.’’. 
Attest: 
Clerk.