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Union Calendar No. 183 

112TH CONGRESS 

1ST SESSION H. R. 2839 

[Report No. 112–273, Part I] 

To suppress the threat of piracy on the high seas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 2, 2011 

Mr. LOBIONDO (for himself and Mr. MICA) introduced the following bill 

SEPTEMBER 6, 2011 

Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Armed Services, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

NOVEMBER 10, 2011 

Reported from the Committee on Transportation and Infrastructure 

NOVEMBER 10, 2011 

The Committee on Armed Services discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

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A BILL 

To suppress the threat of piracy on the high seas, and 

for other purposes. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Piracy Suppression 

5 Act of 2011’’. 

6 SEC. 2. ACT OF PIRACY. 

7 Section 4297 of the Revised Statutes of the United 

8 States (33 U.S.C. 385) is amended by striking so much 

9 as precedes the text and inserting the following: 

10 ‘‘SEC. 4297. PENALTY FOR PIRACY; SEIZURE AND CON11 DEMNATION OF VESSELS. 

12 ‘‘(a) PENALTY FOR PIRACY.— 

13 ‘‘(1) CRIME.—Whoever commits an act of pi14 racy shall be punished by death or imprisoned for 

15 life. 

16 ‘‘(2) ACT OF PIRACY DEFINED.—In this sub17 section the term ‘act of piracy’ means— 

18 ‘‘(A) any illegal act of violence, detention, 

19 or depredation that is committed for private 

20 ends by the crew or passengers of a private ves21 sel and directed against a vessel, person, or 

22 property on the high seas or in any other place 

23 outside the jurisdiction of any State; or 

24 ‘‘(B) inciting or facilitating an act of pi25 racy, as defined in subparagraph (A); and 

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1 ‘‘(C) any act of voluntary participation in 

2 the operation of a vessel with knowledge of 

3 facts making it a pirate ship. 

4 ‘‘(b) SEIZURE AND CONDEMNATION OF VESSELS

5 FITTED OUT FOR PIRACY.—’’. 

6 SEC. 3. REIMBURSEMENT FOR ACTIONS TAKEN TO PRO7 TECT FOREIGN-FLAGGED VESSELS FROM PI8 RACY. 

9 (a) IN GENERAL.—Chapter 20 of title 10, United 

10 States Code, is amended by adding at the end the fol11 lowing new section: 

12 ‘‘§ 410. Reimbursement for actions taken to protect 

13 foreign-flagged vessels from piracy 

14 ‘‘(a) IN GENERAL.—The Secretary of Defense shall, 

15 in consultation with the Secretary of State, the Secretary 

16 of Transportation, and the Secretary of the department 

17 in which the Coast Guard is operating— 

18 ‘‘(1) determine the full cost to the United 

19 States of each action taken by the United States to 

20 protect or defend a vessel that is not documented 

21 under the laws of the United States from a pirate 

22 attack, including the cost of each action by the 

23 United States to deter such attack; and 

24 ‘‘(2) seek reimbursement for such cost from the 

25 country under the laws of which the vessel for which 

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1 protection or defense was provided is documented, 

2 which shall be credited back to the appropriations 

3 charged for such cost. 

4 ‘‘(b) REIMBURSEMENTS.—Reimbursement under this 

5 section may be waived if— 

6 ‘‘(1) such country contributes military forces to 

7 the Combined Maritime Forces’ Combined Task 

8 Force–151 within 180 days of the action taken; 

9 ‘‘(2) such country deploys military forces to the 

10 Indian Ocean or Gulf of Aden to deter, prevent, or 

11 defend vessels from pirate attack within 180 days of 

12 the action taken; 

13 ‘‘(3) such country assists in the prosecution or 

14 detention of pirates; or 

15 ‘‘(4) the President determines it is in the na16 tional security interest of the United States to do 

17 so.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis at the be19 ginning of such chapter is amended by adding at the end 

20 the following new item: 

‘‘410. Reimbursement for actions taken to protect foreign-flagged vessels from 

piracy.’’. 

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1 SEC. 4. TRAINING PROGRAM FOR USE OF FORCE AGAINST 

2 PIRACY. 

3 (a) IN GENERAL.—Chapter 517 of title 46, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 51705. Training program for use of force against 

7 piracy 

8 ‘‘The Secretary of Transportation shall establish a 

9 training program for United States mariners on the use 

10 of force against pirates. The program shall include— 

11 ‘‘(1) information on waters designated as high12 risk waters by the Commandant of the Coast Guard; 

13 ‘‘(2) information on current threats and pat14 terns of attack by pirates; 

15 ‘‘(3) tactics for defense of a vessel, including in16 struction on the types, use, and limitations of secu17 rity equipment; 

18 ‘‘(4) standard rules for the use of force for self 

19 defense as developed by the Secretary of the depart20 ment in which the Coast Guard is operating under 

21 section 912(c) of the Coast Guard Authorization Act 

22 of 2010 (Public Law 111–281; 46 U.S.C. 8107 

23 note), including instruction on firearm safety for 

24 crewmembers of vessels carrying cargo under section 

25 55305 of this title; and 

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1 ‘‘(5) procedures to follow to improve crew2 member survivability if captured and taken hostage 

3 by pirates.’’. 

4 (b) DEADLINE.—The Secretary of Transportation 

5 shall establish the program required under the amendment 

6 made by subsection (a) by no later than 180 days after 

7 the date of enactment of this Act. 

8 (c) CLERICAL AMENDMENT.—The analysis at the be9 ginning of such chapter is amended by adding at the end 

10 the following new item: 

‘‘51705. Training program for use of force against piracy.’’. 

11 SEC. 5. SECURITY OF GOVERNMENT IMPELLED CARGO. 

12 Section 55305 of title 46, United States Code, is 

13 amended by adding at the end the following new sub14 section: 

15 ‘‘(e) SECURITY OF GOVERNMENT IMPELLED

16 CARGO.— 

17 ‘‘(1) In order to assure the safety of vessels and 

18 crewmembers transporting equipment, materials, or 

19 commodities under this section, the Secretary of 

20 Transportation shall direct each department or 

21 agency responsible for the carriage of such equip22 ment, materials, or commodities to provide armed 

23 personnel aboard vessels of the United States car24 rying such equipment, materials, or commodities 

25 while transiting high-risk waters. 

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1 ‘‘(2) The Secretary of Transportation shall di2 rect each such department or agency to reimburse, 

3 subject to the availability or appropriations, the 

4 owners or operators of such vessels for the cost of 

5 providing armed personnel. 

6 ‘‘(3) For the purposes of this subsection, the 

7 term ‘high-risk waters’ means waters so designated 

8 by the Commandant of the Coast Guard in the Port 

9 Security Advisory in effect on the date on which the 

10 voyage begins.’’. 

11 SEC. 6. GAO STUDY. 

12 Not later than 1 year after the date of enactment 

13 of this Act, the Comptroller General of the United States 

14 shall report to the Committee on Transportation and In15 frastructure of the House of Representatives and the Com16 mittee on Commerce, Science, and Transportation of the 

17 Senate on efforts to track ransom payments paid to pi18 rates operating in the waters off Somalia and improve the 

19 prosecution of such pirates. The report shall include— 

20 (1) the status of Working Group 5 of the Con21 tact Group on Piracy Off the Somali Coast, any ef22 forts undertaken by the Working Group, and rec23 ommendations for improving the Working Group’s 

24 effectiveness; 

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1 (2) efforts undertaken by the United States 

2 Government to implement and enforce Executive 

3 Order 13536, including recommendations on how to 

4 better implement that order to suppress piracy; 

5 (3) efforts undertaken by the United States 

6 Government to track ransom payments made to pi7 rates operating off the coast of Somalia, the effec8 tiveness of those efforts, any operational actions 

9 taken based off those efforts, and recommendations 

10 on how to improve such tracking; 

11 (4) actions taken by the United States Govern12 ment to improve the international prosecution of pi13 rates captured off the coast of Somalia; and 

14 (5) an update on the United States Govern15 ment’s efforts to implement the recommendation 

16 contained in General Accountability Office report 

17 GAO–10–856, entitled ‘‘Maritime Security: Actions 

18 Needed to Assess and Update Plan and Enhance 

19 Collaboration among Partners Involved in Coun20 tering Piracy off the Horn of Africa’’, that metrics 

21 should be established for measuring the effectiveness 

22 of counter piracy efforts. 

23 SEC. 7. TECHNICAL CORRECTION. 

24 Section 8107(c) of title 46, United States Code, is 

25 amended to read as follows: 

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1 ‘‘(c) DEFINITION.—For the purpose of this section, 

2 the term ‘act of piracy’ has the meaning that term has 

3 in section 4297(a) of the Revised Statutes of the United 

4 States.’’. 

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Union Calendar No. 183 

112TH CONGRESS 

1ST SESSION H. R. 2839 

[Report No. 112–273, Part I] 

A BILL 

To suppress the threat of piracy on the high seas, 

and for other purposes. 

NOVEMBER 10, 2011 

Reported from the Committee on Transportation and 

Infrastructure 

NOVEMBER 10, 2011 

The Committee on Armed Services discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 

mstockstill on DSK4VPTVN1PROD with BILLS