H. R. 3619—122 
to the Convention, may demonstrate compliance with this title 
through other appropriate documentation considered acceptable by 
the Secretary. 
SEC. 1022. DECLARATION. 
(a) REQUIREMENTS.—On entry into force of the Convention for 
the United States, a vessel of at least 24 meters in length, but 
less than 400 gross tons engaged on an international voyage (except 
fixed or floating platforms, FSUs, and FPSOs) must carry a declara-
tion described in subsection (b) that is signed by the owner or 
owner’s authorized agent. That declaration shall be accompanied 
by appropriate 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 declaration. 
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 CONTROLS. 
(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 consideration of new or additional 
controls on antifouling systems; 
(2) evaluate any risks of adverse effects on nontarget orga-
nisms 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 environmental, 
technical, and economic considerations necessary to evaluate 
any proposals for new or additional controls of antifouling sys-
tems under the Convention, 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 assessment. 
(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 Adminis-
trator shall assemble and maintain a public docket containing 
notices pertaining to that meeting, any comments responding 
to those notices, the minutes of that meeting, and materials 
presented at that meeting. 
(2) REPORT BY TECHNICAL GROUP.—The Administrator shall 
promptly make any report by the technical group described 
in the Convention available to the public through the docket
H. R. 3619—123 
established pursuant to subsection (b) and announce the avail-
ability of that report in the Federal Register. The Administrator 
shall provide an opportunity for public comment on the report 
for a period of not less than 30 days from the time the avail-
ability of the report is announced in the Federal Register. 
(3) CONSIDERATION
OF
COMMENTS.—To the extent prac-
ticable, the Administrator shall take any comments into consid-
eration in developing recommendations under subsection (a). 
SEC. 1025. SCIENTIFIC AND TECHNICAL RESEARCH AND MONITORING; 
COMMUNICATION AND INFORMATION. 
The Secretary, the Administrator, and the Administrator of 
the National Oceanic and Atmospheric Administration may each 
undertake scientific and technical research and monitoring pursu-
ant to article 8 of the Convention and to promote the availability 
of relevant information concerning— 
(1) scientific and technical activities undertaken in accord-
ance with the Convention; 
(2) marine scientific and technological programs and their 
objectives; and 
(3) the effects observed from any monitoring and assess-
ment programs relating to antifouling systems. 
SEC. 1026. COMMUNICATION AND EXCHANGE OF INFORMATION. 
(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 information 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. 
Subtitle C—Prohibitions and Enforcement 
Authority 
SEC. 1031. PROHIBITIONS. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
it is unlawful for any person— 
(1) to act in violation of this title, or any regulation pre-
scribed under this title; 
(2) to sell or distribute in domestic or international com-
merce organotin or an antifouling system 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 system 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,
H. R. 3619—124 
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 con-
structed 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 agree-
ment 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, formulation, sale, dis-
tribution, or use of organotin or antifouling systems con-
taining organotin used or intended for use only for sonar 
domes or in conductivity sensors in oceanographic 
instruments. 
SEC. 1032. INVESTIGATIONS AND INSPECTIONS BY SECRETARY. 
(a) IN GENERAL.—The Secretary may conduct investigations 
and inspections regarding a vessel’s compliance with this title or 
the Convention. 
(b) VIOLATIONS; SUBPOENAS.— 
(1) IN GENERAL.—In any investigation under this section, 
the Secretary may issue a subpoena to require the attendance 
of a witness or the production of documents or other evidence 
if— 
(A) before the issuance of the subpoena, the Secretary 
requests a determination by the Attorney General of the 
United States as to whether the subpoena will interfere 
with a criminal investigation; and 
(B) the Attorney General— 
(i) determines that the subpoena will not interfere 
with a criminal investigation; or 
(ii) fails to make a determination under clause 
(i) before the date that is 30 days after the date on 
which the Secretary makes a request under subpara-
graph (A). 
(2) ENFORCEMENT.—In the case of refusal to obey a sub-
poena issued to any person under this subsection, the Secretary 
may request the Attorney General to invoke the aid of the 
appropriate district court of the United States to compel compli-
ance. 
(c) FURTHER ACTION.—On completion of an investigation, 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 section 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, officers or employees 
of the Environmental Protection Agency or of any State des-
ignated by the Administrator may enter at reasonable times
H. R. 3619—125 
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.— 
(A) IN GENERAL.—In any investigation under this sec-
tion, the Administrator may issue a subpoena to require 
the attendance of a witness or the production of documents 
or other evidence if— 
(i) before the issuance of the subpoena, the 
Administrator 
requests 
a 
determination 
by 
the 
Attorney General of the United States as to whether 
the subpoena will interfere with a criminal investiga-
tion; and 
(ii) the Attorney General— 
(I) determines that the subpoena will not 
interfere with a criminal investigation; or 
(II) fails to make a determination under sub-
clause (I) before the date that is 30 days after 
the date on which the Administrator makes a 
request under clause (i). 
(B) ENFORCEMENT.—In the case of refusal to obey a 
subpoena issued to any person under this paragraph, the 
Administrator may request the Attorney General to invoke 
the aid of the appropriate district court of the United 
States 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 reason to believe that a manufac-
turer, seller, distributor, or user has violated or is in violation 
of any provision of this title, or that such organotin or other sub-
stance 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, 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 manufacture, sell, distribute, use, or remove the 
organotin or other substance or system regulated under the Conven-
tion described in the order except in accordance with the order. 
SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINISTRATOR. 
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. 
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