I
107TH CONGRESS
1ST SESSION
H. R. 3074
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.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 10, 2001
Mr. PAUL introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 at-
tacks 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 con-
trary 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—
(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 air-
craft’’ 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 con-
fines 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 dep-
redation’’ and ‘‘act of piracy’’ includes all such aggres-
sions, depredations, and other such acts whether com-
mitted upon land or sea or in the air in relation to any
ship or aircraft.
(b) CONFORMING AMENDMENTS.—The Revised Stat-
utes 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 there-
of,’’ after ‘‘the United States’’.
(2) In section 4294 (33 U.S.C. 382), by insert-
ing ‘‘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 suit-
able entity operating under the authority of any
letters of marque and reprisal granted by Con-
gress’’; 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 deg-
radations, as authorized by any letter of
marque and reprisal granted by Congress’’ after
‘‘that section’’.
(c) TREATMENT OF PROPERTY AND PERSONS IDEN-
TIFIED IN LETTER OF MARQUE AND REPRISAL.—The Re-
vised 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 pursu-
ant to which said property was seized.
‘‘SEC. 4299b. Any person identified as subject to sei-
zure 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 pun-
ishment of any violation of the laws of nations, such per-
son to be transferred into the custody of the United States
as provided for in the letter of marque and reprisal pursu-
ant to which such person was seized.’’.
Æ