89–006 

1 ICC International Maritime Bureau, Piracy Doubles in First Six Months of 2009 (July 15, 

2009). 

111TH CONGRESS REPT. 111–386 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

UNITED STATES MARINER AND VESSEL PROTECTION ACT 

OF 2009 

DECEMBER 19, 2009.—Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 3376] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, to whom 

was referred the bill (H.R. 3376) to amend title 46, United States 

Code, to ensure the traditional right of self-defense of United 

States mariners against acts of piracy, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. 

PURPOSE OF THE LEGISLATION

H.R. 3376, the ‘‘United States Mariner and Vessel Protection Act 

of 2009’’, amends title 46, United States Code, to ensure the traditional right of self-defense of United States mariners against acts 

of piracy, and for other purposes. 

BACKGROUND AND NEED FOR THE LEGISLATION

In July 2009, the International Maritime Bureau Piracy Reporting Centre reported the number of worldwide piracy attacks doubled to 240 attacks in the first six months of 2009 compared to 114 

for the same period in 2008.1 The report also stated that in the majority of the incidents the attackers were heavily armed and vioVerDate Nov 24 2008 15:39 Dec 26, 2009 Jkt 089006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR386P1.XXX HR386P1

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2 ICC International Maritime Bureau, Piracy and Armed Robbery Against Ships Annual Report (January 1, 2008). 3 ICC International Maritime Bureau, Unprecedented Increase In Somali Pirate Activity (October 21, 2009). 4French Warship Captures Pirates, BBC (April, 15, 2009). 5See report cited supra note 2. 

lence against the crewmembers continues to rise. Piracy activity in 

the Gulf of Aden contributed significantly to this upward trend.2

As of September 2009, there were a total of 306 incidents worldwide, with 114 vessels boarded, 88 fired upon and 34 hijacked. Of 

the hijackings, approximately 661 crewmembers were taken hostage, 12 were kidnapped, six were killed and eight are missing. Somali pirates account for 32 of the 34 hijacked vessels.3

On April 8, 2009, the U.S.-flagged container ship MV Maersk 

Alabama was attacked and seized by pirates approximately 250 

nautical miles southeast of Somalia. The vessel, manned by 20 U.S. 

crewmembers, was carrying U.S. government food aid to the Kenyan port of Mombasa when it was attacked. The ship’s captain was 

subsequently taken hostage by the pirates. Special Forces sharpshooters stationed on the USS Bainbridge killed the captain’s captors, securing his release. 

On April 14, 2009, the U.S.-flagged vessel, MV Liberty Sun, with 

20 U.S. crewmembers, was attacked by pirates approximately 285 

miles southeast of the Somali capital of Mogadishu as it was on its 

way to deliver U.S. government food aid to destinations along the 

east coast of Africa. The vessel had unloaded part of its food aid 

cargo at Port Sudan and was en route to Mombasa, Kenya, at the 

time of the attack. Pirates fired on the vessel with rocket propelled 

grenades and AK–47s. The crewmembers successfully thwarted the 

attack, and the Liberty Sun continued on its voyage to Kenya. 

After the attack on the Liberty Sun, a pirate named Abdi Garad 

told a news agency that Somali pirates had intended to destroy the 

vessel and its crew. He stated that the pirates attacking U.S.- 

flagged vessels were no longer after ransom but instead were seeking revenge for the deaths of those pirates who had held the MV 

Maersk Alabama’s captain.4 There has been a growing fear among 

the U.S. merchant fleet that the use of deadly force by the U.S. 

military against Somali pirates has the potential to cause any future piracy incidents against U.S.-flagged vessels to be associated 

with a level of pre-meditated and intentional violence that has not 

heretofore been typical of Somali pirate attacks. Increased use of 

force may also lead Somali pirates to increase the level of force 

they employ in their attacks on merchant vessels.5

The majority of the U.S.-flagged vessels that transit through the 

Gulf of Aden area carry cargo to support Department of Defense 

operations and supply U.S. aid to Somalia and neighboring countries. 

This legislation will ensure that U.S. mariners who respond to 

these violent acts of piracy are not held liable for the injury or 

death of a pirate. This includes a mariner who uses force or authorizes the use of force to defend a U.S.-flagged vessel from piracy. 


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SUMMARY OF THE LEGISLATION

Section 1. Short title 

Section 1 specifies that the Act may be cited as the ‘‘United 

States Mariner and Vessel Protection Act of 2009’’. 

Sec. 2. Use force against piracy 

Section 2 amends chapter 81 of title 46 by adding a new section 

8107 entitled ‘‘Use of force against piracy’’. This section provides 

that an owner, operator, master, mariner, or time charterer who 

uses or authorizes the use of force to defend a U.S.-flagged vessel 

against an act of piracy shall not be liable for any injury or death 

caused by that use of force to any person that participated in the 

act of piracy. 

Sec. 3. Agreements 

Section 3 states that the Secretary of the department of which 

the Coast Guard is operating shall work through the International 

Maritime Organization to establish agreements with flag- and portstates that will promote a coordinated action to protect against, 

deter, and rapidly respond to acts of piracy against the vessels of 

those states and in the waters under their jurisdictions. In addition, the section states that the Secretary shall work to ensure that 

limitations of liability are established similar to those limitations 

in 46 U.S.C. § 8107, as amended by this Act. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

In the 111th Congress, on February 4, 2009, the Subcommittee 

on Coast Guard and Maritime Transportation held a hearing to receive testimony regarding international piracy. The purpose of this 

hearing was to gather information on the causes and extent of piracy and to understand its effect on international shipping. As of 

that date, no U.S.-flagged vessels had been attacked or seized by 

pirates. However, the expansion of international piracy—particularly in the Horn of Africa region—threatened to raise the costs of 

transporting goods and threatened ships’ crews through that highly 

traveled region at a time of significant distress in the world economy. 

On May 20, 2009, the Subcommittee held a follow-up hearing to 

receive testimony regarding recent acts of piracy against U.S.- 

flagged vessels and the lessons to be learned from these attacks. 

On July 29, 2009, Representative Frank LoBiondo introduced 

H.R. 3376. On July 30, 2009, the Committee on Transportation and 

Infrastructure met in open session to consider H.R. 3376 and ordered the bill reported favorably to the House by voice vote with 

a quorum present. 

RECORD VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires each committee report to include the total number of 

votes cast for and against on each record vote on a motion to report 

and on any amendment offered to the measure or matter, and the 

names of those members voting for and against. There were no recorded votes taken in connection with consideration of H.R. 3376, 


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or ordering the bill reported. A motion to order H.R. 3376 reported 

favorably to the House was agreed to by voice vote with a quorum 

present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and section 308(a) of 

the Congressional Budget Act of 1974, the Committee references 

the report of the Congressional Budget Office included in the report. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objective of this legislation are to provide U.S.-citizen merchant mariners protection from liability arising from their attempts 

to protect themselves from pirates. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

enclosed cost estimate for H.R. 3376 from the Director of the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 13, 2009. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation, and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3376, the United States 

Mariner and Vessel Protection Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

ROBERT A. SUNSHINE

(for Douglas W. Elmendorf, Director). 

Enclosure. 


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H.R. 3376—United States Mariner and Vessel Protection Act of 

2009 

H.R. 3376 would provide that owners, operators, or crew who use 

(or authorize) force to defend a U.S. flag vessel against piracy shall 

not be liable for any resulting injury or death to anyone participating in that piracy. The bill would direct the U.S. Coast Guard 

to work with the International Maritime Organization to promote 

coordinated actions against piracy. 

CBO estimates that implementing H.R. 3376 would have no impact on the federal budget. The United States already works with 

other nations to address piracy and related security issues that affect commercial shipping. Based on information provided by the 

Coast Guard, we estimate that the workload of federal agencies 

would not change as a result of this legislation. 

The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits, 

as defined in clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 

the House of Representatives. H.R. 3376 does not contain any earmarks, limited tax benefits, or limited tariff benefits under clause 

9(e), 9(f), or 9(g) of rule XXI. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(P.L. 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that H.R. 3376 does not preempt any state, local, or tribal law. 


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ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (P.L. 104–1). 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 46, UNITED STATES CODE 

* * * * * * * 

PART F—MANNING OF VESSELS

* * * * * * * 

CHAPTER 81—GENERAL 

Sec. 

8101. Complement of inspected vessels. 

* * * * * * * 

8107. Use of force against piracy. 

* * * * * * * 

§ 8107. Use of force against piracy 

An owner, operator, time charterer, master, or mariner who uses 

force, or authorizes the use of force, to defend a vessel of the United 

States against an act of piracy shall not be liable for any injury or 

death caused by such force to any person participating in the act of 

piracy. 

* * * * * * * 

Æ 


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