Introduction of the Justice for Victims of Foreign Vessel Accidents Act

Floor Speech

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Mr. GARAMENDI. Mr. Speaker, today I introduce the ``Justice for Victims of Foreign Vessel Accidents Act,'' with Congressman Henry C. ``Hank'' Johnson (D-GA) as the original cosponsor.

For years, I have been working to recapitalize the U.S.-flag international fleet of oceangoing, commercial vessels needed to support our military. I was honored to serve as the top Democrat on the House Committee on Transportation and Infrastructure's Subcommittee on Coast Guard and Maritime Transportation from 2013 to 2018.

Less than a week after the foreign-flagged Dalia collided with the Francis Scott Key Bridge in Baltimore Harbor, the vessel's Singapore- based corporate owner filed in the U.S. District Court for Maryland to limit its total liability for the bridge collapse and recovery effort to just $43.7 million, valuing the vessel at $90 million. In doing so, the Dalia's owner invoked a federal law enacted in 1851, limiting their legal liability for damages to the dollar value of the vessel and its cargo, minus salvage costs. This tragic accident, which killed six and injured two workers on the Francis Scott Key Bridge, calls into serious question why U.S. law affords the owners of vessels flying foreign ``flags of convenience'' any liability shield.

Foreign-flagged commercial vessels like the Dalia are typically registered under the laws of unscrupulous jurisdictions that lack any Navy, Coast Guard, or ability to inspect commercial vessels to ensure safety, prevent environmental degradation, or stop maritime labor abuses. Furthermore, foreign ocean carriers or other vessel owners flying flags of convenience are often domiciled in offshore tax havens. For these reasons and more, U.S.-flag commercial vessels are already at a competitive disadvantage globally. The U.S. judicial system should not protect foreign competitors to the detriment of victims and their families.

That is why our ``Justice for Victims of Foreign Vessel Accidents Act'' would increase the liability for foreign-flagged vessels to up to 10 times the dollar value of the vessel and its cargo, minus expenses. This would ensure that victims and their families can hold foreign vessel owners accountable in federal court for wrongful death or personal injury claims. Current law only allows compensation for lost wages. Importantly, our bill would maintain the current liability threshold for U.S.-flagged vessels including those compliant with the Jones Act, which unlike foreign-flagged vessels are subject to U.S. law and inspected regularly by the Coast Guard and state regulators. Lastly, our bill would apply the higher liability level for damages by foreign-flagged vessels to March 25, 2024, the night before the Francis Scott Key Bridge's collapse.

Mr. Speaker, I strongly support the Maryland Delegation and the Biden-Harris Administration's ongoing work to rebuild the Francis Scott Key Bridge with federal funding as quickly as possible. I hope that the House will act swiftly on Congressman Kweisi Mfume's (D-MD) ``Baltimore Bridge Response Invests and Delivers Global Economic (BRIDGE) Relief Act'' (H.R. 7961). In the meantime, I encourage all Members of the House will join us in cosponsoring this commonsense reform.

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