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Justice for Victims of Foreign Vessel Accidents Act

H.R. 9348 · 118th Congress · Aug 13, 2024 · Lineage

A BILL

To amend title 46, United States Code, to increase the general limit of maritime liability with respect to an owner of a foreign vessel, and for other purposes.

Section 1 Short title

This Act may be cited as the “Justice for Victims of Foreign Vessel Accidents Act”.

Sec. 2 Amendment of Shipowners’ Limitation of Liability Act of 1851

(a)
In general— Section 30523 of title 46, United States Code, is amended—
(1)
by striking subsection (a) and inserting the following:

“(a) Limit of owner liability

“(1) In general—Except as provided in section 30524 of this title, the liability of—

“(A) the owner of a vessel of the United States for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight; and

“(B) the owner of a foreign vessel for any claim, debt, or liability described in subsection (b) shall not exceed the amount that is 10 times the value of the vessel and pending freight.

“(2) Multiple owners—If a vessel has more than one owner, the proportionate share of the liability under paragraph (1) of any one such owner shall not exceed that owner’s proportionate interest in the vessel and pending freight.”

(2)
in subsection (c)—
(A)
in the header by striking “Wages” and inserting “Claims not subject to limitation”;
(B)
by striking “to a claim for wages.” and inserting “to—”; and
(C)
by adding at the end the following new paragraphs:

“(1) a claim for wages; or

“(2) with respect to the liability of an owner of a foreign vessel, a claim, debt, or liability arising from personal injury or wrongful death of a person who was not a crewmember or passenger of the foreign vessel at the time the injury (including fatal injury, if applicable) occurred.”

(b)
Amendment to cessation of certain actions— Section 30529(c) of title 46, United States Code, is amended by striking “the matter in question” and inserting “a matter subject to limitation under section 30523 of this chapter”.
(c)
Effective date— The amendments made by subsections (a) and (b) shall apply with respect to any liability subject to section 30523(a) of title 46, United States Code, that arises on or after March 25, 2024.