To amend title 18, United States Code, and the Revised Statutes of the United States to provide punishment for, and to authorize the issuance of letters of marque and reprisal against acts of air piracy.

Summary: Air Piracy Reprisal and Capture Act of 2001 - Amends the Federal criminal code to expand provisions regarding: (1) piracy on the high seas to cover piracy in the skies and on land and, if death results, to authorize imposition of the death sentence; (2) arming or serving on privateers to increase penalties; (3) assault on a commander (as piracy) to cover assault on any airplane officer; (4) conversion or surrender of a vessel to cover aircraft and aircraft officers or service members and, if death results, to provide for the death sentence; and (5) corruption of seamen and confederating with pirates to cover aircraft and to increase penalties.Amends the Revised Statutes of the United States to expand the application of piracy laws to acts committed upon land or in the air. Modifies a provision regarding the commissioning of private vessels for seizure of piratical vessels to authorize the President to instruct the leader of any suitable entity operating under the authority of any letters of marque and reprisal granted by Congress, whether on the high seas, in the skies, or on land, to subdue, seize, and take persons and property, using force as necessary to defend the lives, liberties, and property of U.S. citizens. Deems: (1) property identified as subject to seizure under such a letter subject to confiscation and forfeiture; and (2) any person so identified as subject to seizure subject to court-martial jurisdiction and to transfer into U.S. custody.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Air Piracy Reprisal and Capture Act 
of 2001''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) That the terrorist attacks on September 11, 2001 were 
        acts of air piracy contrary to the law of nations.
            (2) That the terrorist attacks were not just criminal 
        actions, but belligerent attacks designed to destroy the 
        sovereign independence of the United States of America contrary 
        to the law of nations.
            (3) That the perpetrators of the terrorist attacks were 
        aided and abetted by enemy belligerents contrary to the law of 
        nations.
            (4) That similar acts of air piracy are planned for future 
        execution by persons and organizations enjoying safe harbor by 
        nations contrary to the law of nations.
            (5) That the lives, liberties, and properties of the 
        American people have been taken, and are threatened to be 
        taken, by acts of air piracy contrary to the law of nations.
            (6) That under Article I, section 8 of the United States 
        Constitution, Congress has the power to define and punish 
        piracies and other offenses against the laws of nations.
            (7) That under Article I, section 8 of the United States 
        Constitution, Congress has the powers to grant letters of 
        marque and reprisal and to make rules concerning captures on 
        land and water.

SEC. 3. DEFINITIONS.

            (1) For the purpose of chapter 81, title 18, United States 
        Code, the term ``piracy as defined by the law of nations'' 
        means robbery on the high seas and in the air.
            (2) For the purposes of chapter 81, title 18, United States 
        Code, and chapter 7, title 33, United States Code, terms 
        ``vessel'' includes ``aircraft'' and ``port'' include 
        ``airport''.

SEC. 4. PUNISHMENTS FOR PIRACY.

    Chapter 81 of title 18, United States Code, is amended--
            (1) in section 1651--
                    (A) by inserting ``or in the skies'' after ``on the 
                high seas''; and
                    (B) by inserting ``or if death results, may be 
                sentenced to death'' after ``life'';
            (2) in section 1652--
                    (A) by inserting ``or in the skies'' after ``on the 
                high seas''; and
                    (B) by inserting ``or, if death results may be 
                sentenced to death'' after ``life'';
            (3) in section 1653--
                    (A) by inserting ``on land, or in the sky'' after 
                ``on the sea''; and
                    (B) by inserting ``or, if death results may be 
                sentenced to death'' after ``life'';
            (4) in section 1654--
                    (A) by inserting ``or within'' after ``without'';
                    (B) by inserting ``or any individual aboard any 
                such private vessel of war or privateer, whether it be 
                a ship or aircraft'' after ``privateer'';
                    (C) by striking ``fined under this title or''; and
                    (D) by striking ``not more than ten years or 
                both.'' and inserting ``for life.'';
            (5) in section 1655--
                    (A) by inserting ``or an airman, including steward, 
                stewardess, pilot, copilot or other airplane officer'' 
                after ``being a seaman'';
                    (B) by inserting ``, including the pilot or copilot 
                of an aircraft'' after ``upon his commander'';
                    (C) by inserting ``or persons'' after ``or goods''; 
                and
                    (D) by inserting ``or if death results, may be 
                sentenced to death'' after ``life'';
            (6) in section 1656--
                    (A) by inserting ``or being a captain, pilot, or 
                other officer or service member of an aircraft'' after 
                ``the United States,'';
                    (B) by inserting ``or flies'' after ``runs''; and
                    (C) by inserting ``or if death results, may be 
                sentenced to death'' after ``fined under this title''; 
                and
            (7) in section 1657--
                    (A) by inserting ``or captain, pilot, copilot or 
                service member'' after ``mariner'';
                    (B) by inserting ``or fly'' after ``run'';
                    (C) by inserting ``or passenger'' after 
                ``merchandise'';
                    (D) by inserting ``or in the skies'' after ``upon 
                the seas'' both places it appears;
                    (E) by inserting ``or being an airman confines the 
                pilot of any aircraft'' after ``of any vessel''; and
                    (F) before the dash by striking ``three'' and 
                inserting ``ten''.

SEC. 5. SUPPRESSION OF PIRACY.

    (a) Expansion of Application of Piracy Laws.--For purposes of 
sections 4293 through 4299b of the Revised Statutes of the United 
States, as amended by this Act, each of the terms ``piratical 
aggressions and depredation'' and ``act of piracy'' includes all such 
aggressions, depredations, and other such acts whether committed upon 
land or sea or in the air in relation to any ship or aircraft.
    (b) Conforming Amendments.--The Revised Statutes of the United 
States are amended as follows:
            (1) In section 4293 (33 U.S.C. 381)--
                    (A) by inserting ``, including commercial 
                aircraft,'' after ``merchant vessels''; and
                    (B) by inserting ``, or of the citizens thereof,'' 
                after ``the United States''.
            (2) In section 4294 (33 U.S.C. 382), by inserting ``or in 
        the skies'' immediately after ``upon the high seas''.
            (3) In section 4295 (33 U.S.C. 383)--
                    (A) by inserting ``and lawful passengers'' after 
                ``crew''; and
                    (B) by inserting ``, including commercial 
                aircraft,'' after ``merchant vessel''.
            (4) In section 4298 (33 U.S.C. 386)--
                    (A) by striking ``or the commanders of any other 
                suitable vessels,'' and inserting ``or the commander or 
                other leader of any other suitable entity operating 
                under the authority of any letters of marque and 
                reprisal granted by Congress''; and
                    (B) by inserting ``, or, whether on the high seas, 
                in the skies or on land, subdue, seize, and take 
                persons and property, using such force as may be 
                necessary to defend the lives, liberties, and property 
                of the citizens of the United States against piratical 
                aggressions and degradations, as authorized by any 
                letter of marque and reprisal granted by Congress'' 
                after ``that section''.
    (c) Treatment of Property and Persons Identified in Letter of 
Marque and Reprisal.--The Revised Statutes of the United States are 
further amended by inserting after section 4299 the following new 
sections:
    ``Sec. 4299a. Property identified as subject to seizure under a 
duly issued letter of marque and reprisal shall be deemed enemy 
property and subject to confiscation and forfeiture, and further, shall 
be deemed the property of the captors or of the United States in such 
proportions as provided for in the letter of marque and reprisal 
pursuant to which said property was seized.
    ``Sec. 4299b. Any person identified as subject to seizure under a 
duly issued letter of marque and reprisal shall be deemed an enemy 
belligerent of the United States and subject to court-martial 
jurisdiction thereof for punishment of any violation of the laws of 
nations, such person to be transferred into the custody of the United 
States as provided for in the letter of marque and reprisal pursuant to 
which such person was seized.''.