[Congressional Record Volume 155, Number 170 (Tuesday, November 17, 2009)]
[House]
[Pages H13013-H13018]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         CLEAN HULL ACT OF 2009

  Mr. CUMMINGS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 3618) to provide for implementation of the International 
Convention on the Control of Harmful Anti-Fouling Systems on Ships, 
2001, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3618

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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 ``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 
     International 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 
     International Convention 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, association, corporation, 
     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
       (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, 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 territory or possession over which the United States 
     has jurisdiction.
       (15) Use.--The term ``use'' includes application, 
     reapplication, installation, or any other employment of an 
     antifouling system.

     SEC. 102. 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 
     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 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 Act:
       (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.

[[Page H13014]]

       (2) Application to united states government 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 administer and 
     enforce the Convention and this Act.
       (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 Secretary 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 
     accordance 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 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 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 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 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 Countries.--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.--Notwithstanding 
     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 demonstrate 
     compliance with this Act through other appropriate 
     documentation considered acceptable by the Secretary.

     SEC. 202. 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 declaration 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 
     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 declaration.

     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.

     SEC. 204. 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 
     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 environmental, 
     technical, and economic considerations necessary to evaluate 
     any proposals for new or additional controls of antifouling 
     systems 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 Administrator 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 
     established pursuant to subsection (b) and announce the 
     availability 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 availability of the report is announced in the 
     Federal Register.
       (3) Consideration of comments.--To the extent practicable, 
     the Administrator shall take any comments into consideration 
     in developing recommendations under subsection (a).

     SEC. 205. 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 
     pursuant to article 8 of the Convention and to promote the 
     availability of relevant information concerning--
       (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. 206. 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.

           TITLE III--PROHIBITIONS AND ENFORCEMENT AUTHORITY

     SEC. 301. PROHIBITIONS.

       (a) In General.--Notwithstanding any other provision of 
     law, it is unlawful for any person--
       (1) to act in violation of this Act, or any regulation 
     prescribed under this Act;
       (2) to sell or distribute in domestic or international 
     commerce 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 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 antifouling system on any vessel that 
     is subject to this Act.
       (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 
     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 prohibition or cancellation date than 
     specified in this Act; or
       (B) the manufacture, processing, formulation, sale, 
     distribution, or use of organotin or antifouling systems 
     containing organotin used or intended for use only for sonar 
     domes or in conductivity sensors in oceanographic 
     instruments.

     SEC. 302. INVESTIGATIONS AND INSPECTIONS BY SECRETARY.

       (a) In General.--The Secretary may conduct investigations 
     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

[[Page H13015]]

     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.
       (c) Further Action.--On completion of an investigation, 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.

     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 Protection Agency or of any State 
     designated by the Administrator 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 production of documents and other 
     evidence. In case of refusal 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 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, distributor, or user has violated or is 
     in violation of any provision of this Act, 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 Act, 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 Convention described in the order except in 
     accordance with the order.

     SEC. 304. 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 Act.

        TITLE IV--ACTION ON VIOLATION, PENALTIES, AND REFERRALS

     SEC. 401. CRIMINAL ENFORCEMENT.

       Any person who knowingly violates paragraph (2), (3), (4), 
     or (5) of section 301(a) or section 301(b) shall be fined 
     under title 18, United States Code, or imprisoned not more 
     than 6 years, or both.

     SEC. 402. 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 Act, or any regulation 
     prescribed under this Act 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 Act, or any regulations prescribed under 
     this Act, 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 Act, or any regulation prescribed under this 
     Act 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 Act, 
     the Secretary or Administrator, as appropriate, 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 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) 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 penalties and 
     nonpayment penalties that are unpaid as of the beginning of 
     that quarter.

     SEC. 403. LIABILITY IN REM.

       A vessel operated in violation of the Convention, this Act, 
     or any regulation prescribed under this Act, is liable in rem 
     for any fine imposed under section 18, United States Code, or 
     civil penalty assessed pursuant to section 402, and may be 
     proceeded against in the United States district court of any 
     district in which the vessel may be found.

     SEC. 404. VESSEL CLEARANCE OR PERMITS; REFUSAL OR REVOCATION; 
                   BOND OR OTHER SURETY.

       If any vessel that is subject to the Convention or this 
     Act, or its owner, operator, or person in charge, is liable 
     for a fine or civil penalty under section 402 or 403, 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 402 or 403, 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. 405. WARNINGS, DETENTIONS, DISMISSALS, EXCLUSION.

       (a) In General.--If a vessel is detected to be in violation 
     of the Convention, this Act, or any regulation prescribed 
     under this Act, 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. 406. REFERRALS FOR APPROPRIATE ACTION BY FOREIGN 
                   COUNTRY.

       Notwithstanding sections 401, 402, 403, and 405, 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 
     authority the vessel is operating, for appropriate action, 
     rather than taking the actions otherwise required or 
     authorized by this title.

     SEC. 407. REMEDIES NOT AFFECTED.

       (a) In General.--Nothing in this Act limits, denies, 
     amends, modifies, or repeals any other remedy available to 
     the United States.
       (b) Relationship to State and Local Law.--Nothing in this 
     Act 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 Act.

     SEC. 408. REPEAL.

       The Organotin Antifouling Paint Control Act of 1988 (33 
     U.S.C. 2401 et seq.) is repealed.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Maryland (Mr. Cummings) and the gentleman from New Jersey (Mr. 
LoBiondo) each will control 20 minutes.
  The Chair recognizes the gentleman from Maryland.


                             General Leave

  Mr. CUMMINGS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to include extraneous material on H.R. 3618.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Maryland?
  There was no objection.

[[Page H13016]]

  Mr. CUMMINGS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, as chairman of the Subcommittee on Coast Guard and 
Maritime Transportation, I rise today in strong support of the Clean 
Hull Act of 2009, H.R. 3618, as amended, which would institute the 
legal changes needed to bring the United States into full compliance 
with the International Convention on the Control of Harmful Anti-
Fouling Systems on Ships. I commend the chairman of the full Committee 
on Transportation and Infrastructure, Congressman Oberstar, for his 
hard work on this legislation, and for his tireless commitment to 
ensuring that we do all that we can to minimize the impact of our 
transportation systems on our environment. I also commend the ranking 
member of the full committee, Mr. Mica, and the ranking member of the 
Coast Guard Subcommittee, Congressman LoBiondo, for their work on this 
legislation.
  On June 10, I convened the subcommittee to examine the impact on the 
marine environment of the use of coatings on the hulls of ships 
containing the compound tributyltin, better known as TBT. Such coatings 
are applied to prevent hull fouling. In the maritime world, the term 
``fouling'' is defined as the unwanted growth of biological material, 
such as barnacles and algae, on a surface immersed in water. Because 
such material can slow a ship's movement through the water and can be 
transferred from one body of water to another, ship owners and 
operators have attempted throughout the history of maritime 
transportation to eliminate the accumulation of such materials through 
a variety of methods.
  In the 1960s and 70s, hull coatings were developed that had as their 
main ingredient the compound TBT. At that time, TBT was hailed as the 
best anti-fouling agent ever developed. Unfortunately, as so often 
happened in that period, a product that showed promise was rushed to 
market before the full range of its impacts on the environment was 
understood. Over the years, it has become clear that TBT is highly 
toxic to marine life, including crustaceans, fish and even marine 
mammals. TBT has caused alterations in oyster shells, and has caused 
female dog whelks, a type of snail, to begin developing male sexual 
characteristics. There's even some evidence that TBT is bio-
accumulative, meaning that larger animals can ingest it as they consume 
smaller animals on the food chain. Thus, the IMO reports that traces of 
TBT contamination have now been found even in whales.
  I note that the use of TBT is already strictly regulated by U.S. law, 
specifically, under the Organotin Anti-Fouling Paint Control Act of 
1998. Under this Act, the sale and most applications of TBT coatings 
are already prohibited in the United States. However, the best way of 
controlling the use of TBT is by the U.S. accession to the 
International Convention on the Control of Harmful Anti-Fouling Systems 
on Ships. The Convention was adopted by the International Maritime 
Organization in October of 2001 to ban the use of hull coatings that 
contain TBT. The Convention came into force internationally on 
September 17, 2008. The United States Senate gave its consent to the 
Convention just a few days later, in September of 2008.
  H.R. 3618 would finally implement in the United States the laws that 
will bring our Nation into full compliance with the Convention, thus 
completing our ratification of the Convention. By enacting H.R. 3618, 
the United States can prohibit ships with TBT coatings from entering 
U.S. waters unless the ships have overcoatings that prevent TBT from 
leaching from one underlying anti-fouling system.
  I also note that in order to prevent a compound like TBT from ever 
again entering the environment through an anti-fouling coating, the 
International Convention on the Control of Harmful Anti-Fouling Systems 
on Ships also established a system under which new anti-fouling 
coatings can be tested to assess the effects on the marine environment. 
Coatings can be added to the list of prohibited anti-fouling systems 
under the Convention if they are found to be harmful. H.R. 3618 
authorizes the Environmental Protection Agency to participate in 
international technical bodies convened to assess the safety of new 
anti-fouling systems.
  I strongly believe that it is time for us to fully implement the 
International Convention on the Control of Harmful Anti-Fouling Systems 
on Ships, and I urge the adoption of H.R. 3618 by the House today.
                                         House of Representatives,


                               Committee on Homeland Security,

                                Washington, DC, November 12, 2009.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Washington, DC.
       Dear Chairman Oberstar: I write to you regarding H.R. 3618, 
     the ``Clean Hull Act of 2009.''
       H.R. 3618 contains provisions that fall within the 
     jurisdiction of the Committee on Homeland Security. I 
     recognize and appreciate your desire to bring this 
     legislation before the House in an expeditious manner and, 
     accordingly, I will not seek a sequential referral of the 
     bill. However, agreeing to waive consideration of this bill 
     should not be construed as the Committee on Homeland Security 
     waiving, altering, or otherwise affecting its jurisdiction 
     over subject matters contained in the bill which fall within 
     its Rule X jurisdiction.
       Further, I request your support for the appointment of an 
     appropriate number of Members of the Committee on Homeland 
     Security to be named as conferees during any House-Senate 
     conference convened on H.R. 3618 or similar legislation. I 
     also ask that a copy of this letter and your response be 
     included in the legislative report on H.R. 3618 and in the 
     Congressional Record during floor consideration of this bill.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                               Bennie G. Thompson,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                Washington, DC, November 12, 2009.
     Hon. Bennie G. Thompson,
     Chairman, Committee on Homeland Security, Ford House Office 
         Building, Washington, DC.
       Dear Chairman Thompson: I write to you regarding H.R. 3618, 
     the ``Clean Hull Act of 2009''.
       I agree that provisions in H.R. 3618 are of jurisdictional 
     interest to the Committee on Homeland Security. I acknowledge 
     that by forgoing a sequential referral, your Committee is not 
     relinquishing its jurisdiction and I will fully support your 
     request to be represented in a House-Senate conference on 
     those provisions over which the Committee on Homeland 
     Security has jurisdiction in H.R. 3618.
       This exchange of letters will be inserted in the Committee 
     Report on H.R. 3618 and in the Congressional Record as part 
     of the consideration of this legislation in the House.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                                James L. Oberstar,
     Chairman.
                                  ____

         House of Representatives, Committee on Science and 
           Technology,
                               Washington, DC, September 28, 2009.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Oberstar: I write to you regarding H.R. 3618, 
     the Clean Hull Act of 2009. This legislation was initially 
     referred to both the Committee on Transportation and 
     Infrastructure and the Committee on Science and Technology.
       I recognize and appreciate your desire to bring this 
     legislation before the House in an expeditious manner, and, 
     accordingly, I will waive further consideration of this bill 
     in Committee. However, agreeing to waive consideration of 
     this bill should not be construed as the Committee on Science 
     and Technology waiving its jurisdiction over H.R. 3618, or 
     any similar legislation.
       Further, I request your support for the appointment of 
     Science and Technology Committee conferees during any House-
     Senate conference convened on this, or any similar 
     legislation. I also ask that a copy of this letter and your 
     response be placed in the legislative report on H.R. 3618 and 
     the Congressional Record during consideration of this bill.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                                      Bart Gordon,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                               Washington, DC, September 29, 2009.
     Hon. Bart Gordon,
     Chairman, Committee on Science and Technology, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Chairman Gordon: I write to you regarding H.R. 3618, 
     the ``Clean Hull Act of 2009''.
       I appreciate your willingness to waive rights to further 
     consideration of H.R. 3618,

[[Page H13017]]

     notwithstanding the jurisdictional interest of the Committee 
     on Science and Technology. Of course, this waiver does not 
     prejudice any further jurisdictional claims by your Committee 
     over this or similar legislation. Further, I will support 
     your request to be represented in a House-Senate conference 
     on those provisions over which the Committee on Science and 
     Technology has jurisdiction in H.R. 3618.
       This exchange of letters will be placed in the Committee 
     Report on H.R. 3618 and inserted in the Congressional Record 
     as part of the consideration of this legislation in the 
     House. Thank you for the cooperative spirit in which you have 
     worked regarding this matter and others between our 
     respective committees.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                                James L. Oberstar,
                                                         Chairman.

  Mr. Speaker, I reserve the balance of my time.
  Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
  I'd like to start off by saying that I strongly support H.R. 3618, 
the Clean Hull Act of 2009. I want to thank Mr. Cummings and Mr. 
Oberstar for their help and cooperation in putting this bill together. 
The Committee on Transportation and Infrastructure first considered the 
topics addressed by this bill in June, and I'm very pleased to see that 
we're considering legislation to implement these international rules so 
quickly.
  The bill would adopt the requirements of the International Convention 
on the Control of Harmful Anti-Fouling Systems on Ships for purposes of 
U.S. law. Under the bill, use of toxic tin-based anti-fouling paints 
would be prohibited. These compounds have had a very negative 
significant impact on marine environments when they are leached into 
the water column from vessels' hulls. The United States has already 
taken steps to prohibit the use of these compounds by prohibiting the 
manufacture or sale of such marine paints. The bill would complete the 
process by allowing the United States to join as a party to the 
Convention in preventing foreign vessels treated with tin-based paints 
from entering U.S. waters.
  I appreciate the assistance that has been provided by the Coast Guard 
and the EPA during the process to craft this bill, and I urge all 
Members to support the bill.
  I reserve the balance of my time.
  Mr. CUMMINGS. Mr. Speaker, I now yield 5 minutes to the distinguished 
chairman of the Transportation Committee, Congressman Oberstar of 
Minnesota.
  Mr. OBERSTAR. Mr. Speaker, I thank the Chair of the subcommittee, Mr. 
Cummings, for his leadership on this issue, and Mr. LoBiondo for his 
participation in the hearings that we've held and the markup in the 
crafting of this very important legislation. It's an issue that I've 
been dealing with for 35 years, since I've served in the House.
  I started my service, of course, on the Public Works Committee, as it 
was called then, but also on the Merchant Marine and Fisheries 
Committee, which has jurisdiction over our waters and the water 
environment and the ocean environment. Many years ago I gave a talk to 
a maritime group and quoted the poet Coleridge, citing our ocean 
environment and the ocean itself as deep, dark, heaving, endless and 
mysterious.

                              {time}  1245

  Deep it is. Deeper than perhaps the Himalaya chain.
  Dark in its greatest depths, heaving in the worst of storms, 
mysterious, and we are beginning to unlock the mysteries of the ocean.
  Endless it is not. Endless has given rise to the notion we can 
discharge whatever refuge we have of humanity into the ocean because it 
is endless. It is not. The drift nets that continue to kill with no 
social redeeming purpose; the trash of plastic that we discharge into 
the oceans and that gather in a swirl where Pacific Ocean currents meet 
and gather thousands of square miles of plastics that are ingested by 
whales, and one was found starving because it had ingested so much 
Styrofoam it couldn't process food. It is not endless. And neither are 
the chemicals that we discharge into it. They don't just fall 
harmlessly into the bottom and go out of sight. They enter into the 
food chain.
  I learned in my earliest service on the Merchant Marine and Fisheries 
Committee and on the Merchant Marine Subcommittee the need to protect 
the hull and vessels from fouling, that our large, deep, draft merchant 
vessels can accumulate up to 6,000 tons of plants--yes, plants that 
will grow and the accumulation on the hulls--and creatures and 
shellfish and, of course, the well-known and oft-referenced barnacles. 
And that accumulation can slow down the vessel, can cause up to a 40-
percent reduction in speed and 40-percent increase in fuel.
  And science was enlisted to find a coating for hulls that would 
inhibit plant growth, and they found one: tributyltin. And like so many 
of these great discoveries, it has terrible side effects. It is causing 
shell deformation in oysters, neurotoxic and genetic effects in other 
marine species, and it's been found in the fatty tissue of whales and 
dolphins and sharks and other sea creatures. And it just goes on into 
the food chain. It is like PCB on land. We have to stop this.
  There is happily an international convention on toxics in the marine 
environment, and we need to be a part of that. We need to be a leader, 
even though our merchant fleet has gone downhill. From the time I was 
elected and took office in 1975, we had 800 merchant vessels in the 
fleet. We were eighth in the world's fleets. That was dead last.
  But at one time we had 25 million dead weight tons of shipping, we 
had 5,500 merchant vessels. We were number one in the world. Well, now 
the Cosco, the Chinese shipping company, is the number one, they have 
the greatest number of vessels. They have 25 million dead weight tons 
of merchant shipping.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. CUMMINGS. I grant the gentleman an additional 3 minutes.
  Mr. OBERSTAR. I thank the gentleman.
  And the Maersk fleet of Denmark now carrying 13,000 containers on 
vessels a thousand feet in length, and other behemoths that ply the 
waters. And they are all accumulating these organisms and this 
tributyltin material being applied to the hulls. And it's all being 
sloughed off into the oceans
  So while we are, as a flag-carrier nation, small in the picture, our 
leadership is still huge. We have to take this step, this important 
step to prevent the continued pollution of the oceans and of their 
marine life within it so that some day we can return to Coleridge and 
find the ocean deep, dark, heaving, endless, and mysterious; and clean, 
inhabitable, useful for itself and for humanity.
  Mr. Speaker, I rise today in strong support of H.R. 3618, the ``Clean 
Hull Act of 2009''. I thank the gentleman from Florida (Mr. Mica), the 
Ranking Member of the Committee on Transportation and Infrastructure, 
and Coast Guard and Maritime Transportation Subcommittee Chairman 
Cummings and Ranking Member LoBiondo for their bipartisan support of 
this much needed legislation.
  Enacting H.R. 3618 will make the necessary changes in U.S. law to 
comply with the requirements of the International Convention on the 
Control of Harmful Antifouling Systems on Ships (Convention), which was 
adopted by the International Maritime Organization in October 2001 and 
entered into force on September 17, 2008.
  Biological fouling is the unwanted accumulation of microorganisms, 
plants, and animals on structures that are exposed to the marine 
environment. Fouling can accelerate corrosion on a vessel's hull and on 
offshore and coastal marine structures. Antifouling is the process of 
removing or preventing the accumulation of biological fouling 
organisms.
  In less than six months, a deep draft tank vessel's hull can 
accumulate up to 6,000 tons of fouling material if it is not treated 
with an antifouling application. Such fouling can cause significant 
economic and environmental impacts by increasing a vessel's fuel 
consumption by up to 40 percent. Biological fouling has also been a 
conduit for the transfer of invasive species into ecosystems.
  Over the past 50 years, there have been a number of antifouling 
substances used to treat structures, but the most toxic to date has 
been tributyltin (TBT). Over time, TBT has been found in marine animals 
(including dolphins and whales) and in the waters of marinas, ports, 
harbors, open seas, and oceans. TBT has caused significant 
environmental and monetary impact by causing shell deformations in 
oysters, and neurotoxic and genetic effects in other marine species.
  Since 2000, the Environmental Protection Agency has prohibited the 
sale or application

[[Page H13018]]

of paints containing TBT in the United States by enforcing the 
Organotin Anti-Fouling Paint Control Act of 1988 (OAPCA). In OAPCA, 
organotin-based antifouling paints are prohibited on some vessels less 
than 25 meters and the leaching rate of antifouling paints on larger 
vessels is limited.
  H.R. 3618 will ban all vessels using antifouling paint containing TBT 
from entering the United States, further protecting our marine 
environment from this dangerous chemical. It also prohibits a person 
from selling or distributing organotin or an antifouling system 
containing organotin and from applying an antifouling system containing 
organotin on any ship to which H.R. 3618 applies.
  H.R. 3618 will give the Coast Guard and Environmental Protection 
Agency the authority to ban foreign-flag ships from entering the United 
States if they have their hulls covered with paint containing TBT. The 
Convention will ultimately replace the OAPCA.
  I urge my colleagues to join me in supporting H.R. 3618, the ``Clean 
Hull Act of 2009''.
  Mr. LoBIONDO. Mr. Speaker, I yield back the balance of my time.
  Mr. CUMMINGS. I yield myself such time as I may consume.
  Mr. Speaker, first of all, I want to just comment and associate 
myself with the words of Chairman Oberstar and add to them that this is 
our watch, this is a time that we have responsibility for this 
environment and it is our duty to make it even better than what we 
found it. I want to thank the chairman for his words. They were very 
inspiring.
  With that, I urge the Members to vote for H.R. 3618.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maryland (Mr. Cummings) that the House suspend the rules 
and pass the bill, H.R. 3618, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________