I 111th CONGRESS 1st Session H. R. 2984 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.

Short title

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

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.

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. .

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:

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.

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.