available to it from the DCI's and all other sources and to complete its 

 Special Review Study (which could take several years) prior to giving the 

 Navy permission to use a specific paint formulation. For fiscal years '87 

 and '88, this language was placed in the actual legislation of each year's 

 Continuing Resolution. For more information on the concerns of Congress 

 during this period, see the Senate Congressional Record dated February 2, 

 1987 - S1481; the Senate Hearing Record of the Committee on Environment 

 and Public Works, April 29, 1987, S. Hrg. 100-89 (73-832) ; and the Hearing 

 Record for the Oversight Hearings on Tributyltin in the Marine Environment 

 of the Committee on Merchant Marine and Fisheries, September 30, 1986 

 (S. Hrg. 99-49). 



Senator William Cohen of Maine joined Senator Trible in pushing through 

 these Amendments to the Continuing Resolution Bills. Subsequently, 

 Senators Trible and Cohen began to draft comprehensive legislation, first 

 as S. 428 (February 2, 1987). The exact language in this Bill was also 

 introduced in the House by Congressman Bateman (VA) as H.R. 1046 on 

 February 9, 1987. Senate Hearings were held for Bill S. 428, by the 

 Committee on Environment and Public Works (S. Hrg. 100-89) . However, the 

 Bill was never marked up. Senators Trible and Cohen on October 15, 1987 

 introduced Senate Bill S. 1788 which subsequently became the Senate legi- 

 slative vehicle - the "Tributyl tin-Based Anti fouling Paint Control Act of 

 1987," This Bill was co-sponsored by Senators Mitchell and Chafee, and 

 focused on regulating the release rate of TBT from the paint to the water 

 column in an attempt to attain some determined minimal -effect level. In 

 discussions, during the drafting of this Bill, the TBT release rates pro- 

 posed have varied from 0.5 (±20%) ug/cmyd of wetted hull surface area 

 to 5.0 (±20%) ug/cm 2 /d, due to standardization of the release rate 

 testing protocol. 



A new Bill was also introduced in the House on April 29, 1987 by Mr. Jones 

 and subsequently amended by Mr. Studds and which was entitled: "the 

 Organotin Antifouling Paint Control Act of 1987." This Bill (H.R. 2210) 

 had the following requirements: a release rate of "not more than 5.0 

 ug/cm 2 /d, and prohibited use of organotin antifouling paints on any 

 vessel less than 65 feet in length, except for aluminum hull vessels. 

 This Bill became the House legislative vehicle, and began to be compared 

 to the Senate legislative vehicle (S. 1788) . 



The following is a chronology of events associated with the passage of 

 these Bills: 



November 9, 1987, House passed H.R. 2210 and sent to the Senate 



December 12, 1987, Senate passed H.R. 2210 with S. 1788 language 

 inserted into the Bill in place of H.R. 2210 language. 



Staff negotiations for agreement on: 4.0 release rate (rather than 

 3.0 - Senate, or 5.0 - House), 25 meter length prohibition (rather 

 than House 65 feet) , six months for sale of existing stocks, and 

 one year for application of existing stocks. 



II-3 



