[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2839 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2839

   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

_______________________________________________________________________

                                 A BILL


 
   To suppress the threat of piracy on the high seas, 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 ``Piracy Suppression Act of 2011''.

SEC. 2. ACT OF PIRACY.

    Section 4297 of the Revised Statutes of the United States (33 
U.S.C. 385) is amended by striking so much as precedes the text and 
inserting the following:

``SEC. 4297. PENALTY FOR PIRACY; SEIZURE AND CONDEMNATION OF VESSELS.

    ``(a) Penalty for Piracy.--
            ``(1) Crime.--Whoever commits an act of piracy shall be 
        punished by death or imprisoned for life.
            ``(2) Act of piracy defined.--In this subsection the term 
        `act of piracy' means--
                    ``(A) any illegal act of violence, detention, or 
                depredation that is committed for private ends by the 
                crew or passengers of a private vessel and directed 
                against a vessel, person, or property on the high seas 
                or in any other place outside the jurisdiction of any 
                State; or
                    ``(B) inciting or facilitating an act of piracy, as 
                defined in subparagraph (A); and
                    ``(C) any act of voluntary participation in the 
                operation of a vessel with knowledge of facts making it 
                a pirate ship.
    ``(b) Seizure and Condemnation of Vessels Fitted Out for Piracy.--
''.

SEC. 3. REIMBURSEMENT FOR ACTIONS TAKEN TO PROTECT FOREIGN-FLAGGED 
              VESSELS FROM PIRACY.

    (a) In General.--Chapter 20 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 410. Reimbursement for actions taken to protect foreign-flagged 
              vessels from piracy
    ``(a) In General.--The Secretary of Defense shall, in consultation 
with the Secretary of State, the Secretary of Transportation, and the 
Secretary of the department in which the Coast Guard is operating--
            ``(1) determine the full cost to the United States of each 
        action taken by the United States to protect or defend a vessel 
        that is not documented under the laws of the United States from 
        a pirate attack, including the cost of each action by the 
        United States to deter such attack; and
            ``(2) seek reimbursement for such cost from the country 
        under the laws of which the vessel for which protection or 
        defense was provided is documented, which shall be credited 
        back to the appropriations charged for such cost.
    ``(b) Reimbursements.--Reimbursement under this section may be 
waived if--
            ``(1) such country contributes military forces to the 
        Combined Maritime Forces' Combined Task Force-151 within 180 
        days of the action taken;
            ``(2) such country deploys military forces to the Indian 
        Ocean or Gulf of Aden to deter, prevent, or defend vessels from 
        pirate attack within 180 days of the action taken;
            ``(3) such country assists in the prosecution or detention 
        of pirates; or
            ``(4) the President determines it is in the national 
        security interest of the United States to do so.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following new item:

``410. Reimbursement for actions taken to protect foreign-flagged 
                            vessels from piracy.''.

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

    (a) In General.--Chapter 517 of title 46, United States Code, is 
amended by adding at the end the following new section:
``Sec. 51705. Training program for use of force against piracy
    ``The Secretary of Transportation shall establish a training 
program for United States mariners on the use of force against pirates. 
The program shall include--
            ``(1) information on waters designated as high-risk waters 
        by the Commandant of the Coast Guard;
            ``(2) information on current threats and patterns of attack 
        by pirates;
            ``(3) tactics for defense of a vessel, including 
        instruction on the types, use, and limitations of security 
        equipment;
            ``(4) standard rules for the use of force for self defense 
        as developed by the Secretary of the department in which the 
        Coast Guard is operating under section 912(c) of the Coast 
        Guard Authorization Act of 2010 (Public Law 111-281; 46 U.S.C. 
        8107 note), including instruction on firearm safety for 
        crewmembers of vessels carrying cargo under section 55305 of 
        this title; and
            ``(5) procedures to follow to improve crewmember 
        survivability if captured and taken hostage by pirates.''.
    (b) Deadline.--The Secretary of Transportation shall establish the 
program required under the amendment made by subsection (a) by no later 
than 180 days after the date of enactment of this Act.
    (c) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following new item:

``51705. Training program for use of force against piracy.''.

SEC. 5. SECURITY OF GOVERNMENT IMPELLED CARGO.

    Section 55305 of title 46, United States Code, is amended by adding 
at the end the following new subsection:
    ``(e) Security of Government Impelled Cargo.--
            ``(1) In order to assure the safety of vessels and 
        crewmembers transporting equipment, materials, or commodities 
        under this section, the Secretary of Transportation shall 
        direct each department or agency responsible for the carriage 
        of such equipment, materials, or commodities to provide armed 
        personnel aboard vessels of the United States carrying such 
        equipment, materials, or commodities while transiting high-risk 
        waters.
            ``(2) The Secretary of Transportation shall direct each 
        such department or agency to reimburse, subject to the 
        availability or appropriations, the owners or operators of such 
        vessels for the cost of providing armed personnel.
            ``(3) For the purposes of this subsection, the term `high-
        risk waters' means waters so designated by the Commandant of 
        the Coast Guard in the Port Security Advisory in effect on the 
        date on which the voyage begins.''.

SEC. 6. GAO STUDY.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall report to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate on efforts to track ransom payments paid to pirates operating in 
the waters off Somalia and improve the prosecution of such pirates. The 
report shall include--
            (1) the status of Working Group 5 of the Contact Group on 
        Piracy Off the Somali Coast, any efforts undertaken by the 
        Working Group, and recommendations for improving the Working 
        Group's effectiveness;
            (2) efforts undertaken by the United States Government to 
        implement and enforce Executive Order 13536, including 
        recommendations on how to better implement that order to 
        suppress piracy;
            (3) efforts undertaken by the United States Government to 
        track ransom payments made to pirates operating off the coast 
        of Somalia, the effectiveness of those efforts, any operational 
        actions taken based off those efforts, and recommendations on 
        how to improve such tracking;
            (4) actions taken by the United States Government to 
        improve the international prosecution of pirates captured off 
        the coast of Somalia; and
            (5) an update on the United States Government's efforts to 
        implement the recommendation contained in General 
        Accountability Office report GAO-10-856, entitled ``Maritime 
        Security: Actions Needed to Assess and Update Plan and Enhance 
        Collaboration among Partners Involved in Countering Piracy off 
        the Horn of Africa'', that metrics should be established for 
        measuring the effectiveness of counter piracy efforts.

SEC. 7. TECHNICAL CORRECTION.

     Section 8107(c) of title 46, United States Code, is amended to 
read as follows:
    ``(c) Definition.--For the purpose of this section, the term `act 
of piracy' has the meaning that term has in section 4297(a) of the 
Revised Statutes of the United States.''.
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