I 

111TH CONGRESS 

1ST SESSION H. R. 2984 

To amend title 46, United States Code, to assist in the defense of United 

States mariners and vessels against piracy, to ensure the traditional 

right of self-defense of those vessels against piracy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2009 

Mr. LOBIONDO (for himself, Mr. MICA, Mr. YOUNG of Alaska, and Mr. 

COBLE) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Homeland Security, 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 

A BILL 

To amend title 46, United States Code, to assist in the 

defense of United States mariners and vessels against 

piracy, to ensure the traditional right of self-defense 

of those vessels against piracy, and for other purposes. 

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 ‘‘United States Mariner 

5 and Vessel Protection Act of 2009’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of the Act is to assist in the defense 

3 of United States-flag vessels against piracy and to ensure 

4 the traditional right of self-defense of those vessels against 

5 piracy. 

6 SEC. 3. USE OF MARITIME SAFETY AND SECURITY TEAMS 

7 TO DEFEND UNITED STATES-FLAG VESSELS 

8 IN INTERNATIONAL WATERS. 

9 Section 70106 of title 46, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(d) INTERNATIONAL DEPLOYMENT.— 

12 ‘‘(1) IN GENERAL.—In addition to authorities 

13 provided under this section, the Commandant of the 

14 Coast Guard may deploy a maritime safety and se15 curity team on a temporary basis, not to exceed six 

16 months, to deter, protect against, and rapidly re17 spond to acts of piracy against vessels (as defined in 

18 section 70122) in international waters. 

19 ‘‘(2) NOTIFICATION OF CONGRESS.—The Com20 mandant shall notify the Committee on Transpor21 tation and Infrastructure of the House of Represent22 atives and the Committee on Commerce, Science, 

23 and Transportation of the Senate not later than 10 

24 days after the deployment of a maritime safety and 

25 security team authorized under this subsection.’’. 


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1 SEC. 4. AUTHORITY TO USE FORCE. 

2 (a) IN GENERAL.—Chapter 701 of title 46, United 

3 States Code, is amended by adding at the end the fol4 lowing new section: 

5 ‘‘§ 70122. Authority to use force 

6 ‘‘(a) IN GENERAL.—The Secretary shall issue regula7 tions establishing standards and circumstances under 

8 which an individual is authorized to use force (including 

9 lethal force) against an individual in the defense of a ves10 sel against piracy. 

11 ‘‘(b) LIMITATION ON LIABILITY.— 

12 ‘‘(1) LIABILITY OF OWNERS, OPERATORS AND

13 MASTERS.—An owner, operator, time charterer, or 

14 master of vessel shall not be liable for damages in 

15 any action brought in a Federal or State court aris16 ing out of the use of force authorized under regula17 tions under subsection (a), including the use of or 

18 failure to use a firearm so authorized. 

19 ‘‘(2) LIABILITY OF AN INDIVIDUAL.—An indi20 vidual shall not be liable for damages in any action 

21 brought in a Federal or State court arising out of 

22 use of force authorized under regulations under sub23 section (a) by that individual unless the individual is 

24 grossly negligent or engages in willful misconduct. 

25 ‘‘(3) LIABILITY OF FEDERAL GOVERNMENT.— 

26 For purposes of an action against the United States 


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1 with respect to an act or omission arising out of a 

2 use of force authorized under regulations under sub3 section (a), an individual shall be treated as an em4 ployee of the Federal Government under chapter 

5 171 of title 28, relating to tort claims procedure. 

6 ‘‘(4) LIMITATION ON APPLICATION.—The limi7 tations on liability described in paragraphs (1), (2), 

8 and (3) apply only if the individual who uses force 

9 authorized under regulations under subsection (a)— 

10 ‘‘(A) holds a license issued under section 

11 7101 or a merchant mariner document issued 

12 under section 7301; and 

13 ‘‘(B) in a case in which the use of force in14 cluded the use of a firearm, has completed 

15 training certified by the Coast Guard for use of 

16 firearms aboard vessels. 

17 ‘‘(c) VESSEL DEFINED.—For purposes of this sec18 tion, the term ‘vessel’ means a vessel for which the Sec19 retary has issued a certificate of inspection under section 

20 3309 and that is operating in waters designated by the 

21 Secretary as high-risk waters.’’. 

22 (b) CLERICAL AMENDMENT.—The analysis at the be23 ginning of such chapter is amended by adding at the end 

24 the following new item: 

‘‘70122. Authority to use force.’’. 


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1 (c) DEADLINES.—The Secretary of the department 

2 in which the Coast Guard is operating shall— 

3 (1) no later than 3 months after the date of en4 actment of this Act, issue regulations under section 

5 70122(a) of title 46, United States Code, as amend6 ed by this section; and 

7 (2) in consultation with the Secretary of De8 fense and no later than 6 months after the date of 

9 enactment of this Act, issue regulations to certify, 

10 for purposes of section 70122(b)(4)(B) of such title, 

11 courses to train on a recurrent basis individuals who 

12 hold a license issued under section 7101 or a mer13 chant mariner document issued under section 7301 

14 in the use of firearms aboard vessels. 

15 SEC. 5. AGREEMENTS. 

16 To carry out the purpose of this Act, the Secretary 

17 of the department in which the Coast Guard is operating 

18 shall work through the International Maritime Organiza19 tion to establish agreements to promote coordinated action 

20 among flag and port states to deter, protect against, and 

21 rapidly respond to acts of piracy against the vessels of, 

22 and in the waters under the jurisdiction of, those nations, 

23 and to ensure limitations on liability similar to those esVerDate Nov 24 2008 18:18 Jun 21, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2984.IH H2984

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1 tablished by section 70122 of title 46, United States Code, 

2 as amended by this Act. 

Æ 


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