H. R. 3619—126 
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 oppor-
tunity for a hearing, to have— 
(A) violated the Convention, this title, or any regulation 
prescribed under this title, is liable to the United States 
Government for a civil penalty of not more than $37,500 
for each violation; 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 Convention, this title, or any regulations pre-
scribed under this title, is liable to the United States for 
a civil penalty of not more than $50,000 for each such 
statement or representation. 
(2) RELATIONSHIP TO OTHER LAW.—This subsection 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 Administrator, 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 title, or any regulation prescribed 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 violation 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, 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 availability of appropriations, be 
paid by the Secretary or Administrator, respectively, to any person 
who provided information that led to the assessment or imposition 
of the penalty. 
(f) REFERRAL TO ATTORNEY GENERAL.—If any person 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 appropriate, may refer the matter to the 
Attorney General of the United States for collection in any appro-
priate district court of the United States. 
(g) COMPROMISE, MODIFICATION, OR REMISSION.—Before refer-
ring any civil penalty that is subject to assessment 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 conditions, the civil penalty.
H. R. 3619—127 
(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 percent compounded 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 percent of the aggregate amount of that person’s pen-
alties 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 REVOCA-
TION; 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 upon the filing of a bond or other surety satisfaction 
to the Secretary. 
SEC. 1045. WARNINGS, DETENTIONS, DISMISSALS, EXCLUSION. 
(a) IN GENERAL.—If a vessel is detected to be in violation 
of the Convention, this title, or any regulation prescribed under 
this title, 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 subsection (a), 
the Secretary, in consultation with the Secretary of State, shall 
make the notifications required by the Convention. 
SEC. 1046. REFERRALS FOR APPROPRIATE ACTION BY FOREIGN 
COUNTRY. 
Notwithstanding sections 1041, 1042, 1043, and 1045, if a viola-
tion 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 authority the vessel is operating, for appropriate action, 
rather 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.
H. R. 3619—128 
(b) RELATIONSHIP TO STATE AND LOCAL LAW.—Nothing 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. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.