H. R. 3619—118 
‘‘(3) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a) and results in serious bodily injury (as defined in 
section 1365), the offender shall be fined under this title or impris-
oned for not more than 15 years, or both. 
‘‘(4) If the offense is one under paragraph (1) or (2)(A) of 
subsection (a), involves knowing transportation under inhumane 
conditions, and is committed in the course of a violation of section 
274 of the Immigration and Nationality Act, or chapter 77 or 
section 113 (other than under subsection (a)(4) or (a)(5) of such 
section) or 117 of this title, the offender shall be fined under 
this title or imprisoned for not more than 15 years, or both.’’. 
(b) DEFINITION.—Section 2237(e) of title 18, United States Code, 
is amended— 
(1) by amending paragraph (3) to read as follows: 
‘‘(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 paragraph: 
‘‘(5) the term ‘transportation under inhumane conditions’ 
means— 
‘‘(A) transportation— 
‘‘(i) of one or more persons in an engine compart-
ment, 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 Com-
mittee on Commerce, Science, and Transportation of the Senate 
the Coast Guard’s 5-year capital investment 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 establish 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 complying 
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
H. R. 3619—119 
Senate Budget Committees, provided that such statement has been 
submitted prior to the vote on passage in the House acting first 
on this conference report or amendments between the Houses. 
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 paragraph: 
‘‘(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 bulk-
head 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 ‘‘Administrator’’ means the 
Administrator of the Environmental 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 attachment of unwanted organisms. 
(3) CONVENTION.—The term ‘‘Convention’’ means the Inter-
national Convention on the Control of Harmful Anti-Fouling 
Systems on Ships, 2001, including 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 accordance with the tonnage 
measurement regulations contained in annex 1 to the Inter-
national Convention on Tonnage Measurement of Ships, 1969. 
(7) INTERNATIONAL VOYAGE.—The term ‘‘international voy-
age’’ 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 com-
pound 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, association, corpora-
tion, or organized group of persons whether incorporated 
or not; 
(B) any department, agency, or instrumentality of the 
United States, except as provided in section 3(b)(2); or
H. R. 3619—120 
(C) any other government entity. 
(10) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary 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, import, export, hold for import, hold for 
export, 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 Presidential 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 terri-
tory or possession over which the United States has jurisdiction. 
(15) USE.—The term ‘‘use’’ includes application, reapplica-
tion, installation, or any other employment of an antifouling 
system. 
SEC. 1012. COVERED VESSELS. 
(a) INCLUDED VESSEL.—Except as provided in subsection (b), 
after the Convention enters into force for the United States, the 
following vessels are subject to the requirements 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. 
(3) Any other vessel when— 
(A) in the internal waters of the United States; 
(B) in any port, shipyard, offshore terminal, or other 
place in the United States; 
(C) lightering in the territorial sea; or 
(D) to the extent consistent with international 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 govern-
ment noncommercial service. 
(2) APPLICATION TO UNITED STATES GOVERNMENT VESSELS.— 
(A) IN GENERAL.—The Administrator may apply any 
requirement of this title to one or more classes of vessels 
described in paragraph (1)(B), if the head of the Federal
H. R. 3619—121 
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 Secretary 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 accordance 
with treaties to which the United States is a party and other 
international obligations of the United States. 
SEC. 1015. UTILIZATION OF PERSONNEL, FACILITIES OR EQUIPMENT 
OF OTHER FEDERAL DEPARTMENTS AND AGENCIES. 
The Secretary and the Administrator may utilize by agreement, 
with or without reimbursement, personnel, facilities, 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 Conven-
tion 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 Inter-
national 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 Secretary deter-
mines 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 COUNTRIES.—A Cer-
tificate 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.—Notwithstanding sub-
section (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