IIB 
111TH CONGRESS 
1ST SESSION H. R. 3618 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 18, 2009 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
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, 
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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: 
(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 
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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. 
(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. 
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(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-
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. 
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(15) USE.—The term ‘‘use’’ includes applica-
tion, reapplication, installation, or any other employ-
ment of an antifouling system. 
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: 
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(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 
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. 
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(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 
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 
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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 
required by the Convention has been completed, a vessel 
of at least 400 gross tons that engages in at least one 
international 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 authority to an organization that the Sec-
retary determines is qualified to undertake that responsi-
bility. 
(c) MAINTENANCE OF CERTIFICATE.—The Certifi-
cate required by this section shall be maintained as re-
quired 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 Certifi-
cate 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 
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country that is not a party to the Convention, may dem-
onstrate compliance with this Act through other appro-
priate documentation considered acceptable by the Sec-
retary. 
SEC. 202. DECLARATION. 
(a) REQUIREMENTS.—On entry into force of the Con-
vention for the United States, a vessel of at least 24 me-
ters in length, but less than 400 gross tons engaged on 
an international voyage (except fixed or floating platforms, 
FSUs, and FPSOs) must carry a declaration described in 
subsection (b) that is signed by the owner or owner’s au-
thorized agent. That declaration shall be accompanied by 
appropriate documentation, such as a paint receipt or a 
contractor 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. 203. OTHER COMPLIANCE DOCUMENTATION. 
In addition to the requirements under sections 201 
and 202, the Secretary may require vessels to hold other 
documentation considered necessary to verify compliance 
with this Act. 
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SEC. 204. PROCESS FOR CONSIDERING ADDITIONAL CON-
TROLS. 
(a) ACTIONS
BY ADMINISTRATOR.—The Adminis-
trator 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 
consideration 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; 
(3) undertake an assessment of relevant envi-
ronmental, technical, and economic considerations 
necessary 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 
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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 pub-
lic meeting of the Shipping Coordinating Committee 
for the purpose of receiving information and com-
ments 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 assemble and maintain a public docket con-
taining notices pertaining to that meeting, any com-
ments responding to those notices, the minutes of 
that meeting, and materials presented at that meet-
ing. 
(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 pursu-
ant 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. 
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(3) CONSIDERATION
OF
COMMENTS.—To the 
extent practicable, the Administrator shall take any 
comments into consideration in developing rec-
ommendations under subsection (a). 
SEC. 205. 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 Con-
vention and to promote the availability of relevant infor-
mation concerning— 
(1) scientific and technical activities undertaken 
in accordance with the Convention; 
(2) marine scientific and technological pro-
grams and their objectives; and 
(3) the effects observed from any monitoring 
and assessment programs relating to antifouling sys-
tems. 
SEC. 206. 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 
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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 
evaluation 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. 
TITLE III—PROHIBITIONS AND 
ENFORCEMENT AUTHORITY 
SEC. 301. PROHIBITIONS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, it is unlawful for any person— 
(1) to act in violation of this Act, or any regula-
tion prescribed under this Act; 
(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 Act 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 
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antifouling system on any vessel that is subject to 
this Act. 
(b) VESSEL HULLS.—Except as provided in sub-
section (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 overcoating 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. 
(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 prohi-
bition or cancellation date than specified in this 
Act; 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 
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conductivity sensors in oceanographic instru-
ments. 
SEC. 302. INVESTIGATIONS AND INSPECTIONS BY SEC-
RETARY. 
(a) IN GENERAL.—The Secretary may conduct inves-
tigations and inspections regarding a vessel’s compliance 
with this Act 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 re-
quest the Attorney General to invoke the aid of the appro-
priate district court of the United States to compel compli-
ance. 
(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 Act. 
(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. 
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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. 
(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-
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