[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2984 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Mariner and Vessel 
Protection Act of 2009''.

SEC. 2. PURPOSE.

    The purpose of the Act is to assist in the defense of United 
States-flag vessels against piracy and to ensure the traditional right 
of self-defense of those vessels against piracy.

SEC. 3. USE OF MARITIME SAFETY AND SECURITY TEAMS TO DEFEND UNITED 
              STATES-FLAG VESSELS IN INTERNATIONAL WATERS.

    Section 70106 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(d) International Deployment.--
            ``(1) In general.--In addition to authorities provided 
        under this section, the Commandant of the Coast Guard may 
        deploy a maritime safety and security team on a temporary 
        basis, not to exceed six months, to deter, protect against, and 
        rapidly respond to acts of piracy against vessels (as defined 
        in section 70122) in international waters.
            ``(2) Notification of congress.--The Commandant shall 
        notify the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate not later than 10 
        days after the deployment of a maritime safety and security 
        team authorized under this subsection.''.

SEC. 4. AUTHORITY TO USE FORCE.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by adding at the end the following new section:
``Sec. 70122. Authority to use force
    ``(a) In General.--The Secretary shall issue regulations 
establishing standards and circumstances under which an individual is 
authorized to use force (including lethal force) against an individual 
in the defense of a vessel against piracy.
    ``(b) Limitation on Liability.--
            ``(1) Liability of owners, operators and masters.--An 
        owner, operator, time charterer, or master of vessel shall not 
        be liable for damages in any action brought in a Federal or 
        State court arising out of the use of force authorized under 
        regulations under subsection (a), including the use of or 
        failure to use a firearm so authorized.
            ``(2) Liability of an individual.--An individual shall not 
        be liable for damages in any action brought in a Federal or 
        State court arising out of use of force authorized under 
        regulations under subsection (a) by that individual unless the 
        individual is grossly negligent or engages in willful 
        misconduct.
            ``(3) Liability of federal government.--For purposes of an 
        action against the United States with respect to an act or 
        omission arising out of a use of force authorized under 
        regulations under subsection (a), an individual shall be 
        treated as an employee of the Federal Government under chapter 
        171 of title 28, relating to tort claims procedure.
            ``(4) Limitation on application.--The limitations on 
        liability described in paragraphs (1), (2), and (3) apply only 
        if the individual who uses force authorized under regulations 
        under subsection (a)--
                    ``(A) holds a license issued under section 7101 or 
                a merchant mariner document issued under section 7301; 
                and
                    ``(B) in a case in which the use of force included 
                the use of a firearm, has completed training certified 
                by the Coast Guard for use of firearms aboard vessels.
    ``(c) Vessel Defined.--For purposes of this section, the term 
`vessel' means a vessel for which the Secretary has issued a 
certificate of inspection under section 3309 and that is operating in 
waters designated by the Secretary as high-risk waters.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following new item:

``70122. Authority to use force.''.
    (c) Deadlines.--The Secretary of the department in which the Coast 
Guard is operating shall--
            (1) no later than 3 months after the date of enactment of 
        this Act, issue regulations under section 70122(a) of title 46, 
        United States Code, as amended by this section; and
            (2) in consultation with the Secretary of Defense and no 
        later than 6 months after the date of enactment of this Act, 
        issue regulations to certify, for purposes of section 
        70122(b)(4)(B) of such title, courses to train on a recurrent 
        basis individuals who hold a license issued under section 7101 
        or a merchant mariner document issued under section 7301 in the 
        use of firearms aboard vessels.

SEC. 5. AGREEMENTS.

    To carry out the purpose of this Act, the Secretary of the 
department in which the Coast Guard is operating shall work through the 
International Maritime Organization to establish agreements to promote 
coordinated action among flag and port states to deter, protect 
against, and rapidly respond to acts of piracy against the vessels of, 
and in the waters under the jurisdiction of, those nations, and to 
ensure limitations on liability similar to those established by section 
70122 of title 46, United States Code, as amended by this Act.
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