[Congressional Record Volume 170, Number 130 (Tuesday, August 13, 2024)]
[Extensions of Remarks]
[Page E821]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCTION OF THE JUSTICE FOR VICTIMS OF FOREIGN VESSEL ACCIDENTS ACT

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                          HON. JOHN GARAMENDI

                             of california

                    in the house of representatives

                        Tuesday, August 13, 2024

  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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