[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3600 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3600
To amend the Jones Act and related statutes with respect to the
liability of vessel owners and operators for damages.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2010
Mr. Rockefeller introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Jones Act and related statutes with respect to the
liability of vessel owners and operators for damages.
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 ``Fairness in Admiralty and Maritime
Law Act''.
SEC. 2. REPEAL OF LIMITATION OF SHIPOWNERS' LIABILITY ACT OF 1851.
(a) In General.--Chapter 305 of title 46, United States Code, is
amended--
(1) by striking sections 30505, 30506, 30507, 30511, and
30512;
(2) by striking ``(except section 30503)'' after
``chapter'' in section 30502; and
(3) by redesignating sections 30508, 30509, and 30510 as
sections 30505, 30506, and 30507, respectively.
(b) Conforming Amendments.--
(1) Oil pollution act of 1990.--Section 1018 of the Oil
Pollution Act of 1990 (33 U.S.C. 2718) is amended--
(A) by striking ``or the Act of March 3, 1851'' in
subsection (a); and
(B) by striking ``Act, the Act of March 3, 1851 (46
U.S.C. 183 et seq.),'' in subsection (c) and inserting
``Act''.
(2) Title 46.--Section 14305(a) of title 46, United States
Code, is amended by striking paragraph (5) and re-designating
the paragraphs that follow as paragraphs (5) through (14),
respectively.
(c) Clerical Amendment.--The table of contents for chapter 305 of
title 46, United States Code, is amended by striking the items relating
to sections 30505 through 30512 and inserting the following:
``30505. Provisions requiring notice of claim or limiting time for
bringing action
``30506. Provisions limiting liability for personal injury or death
``30507. Vicarious liability for medical malpractice with regard to
crew''.
SEC. 3. ASSESSMENT OF PUNITIVE DAMAGES IN MARITIME LAW.
(a) In General.--Chapter 301 of title 46, United States Code, is
amended by adding at the end the following:
``30107. Punitive damages
``In a civil action for damages arising out of a maritime tort,
punitive damages may be assessed without regard to the amount of
compensatory damages assessed in the action.''.
(b) Clerical Amendment.--The table of contents for chapter 301 of
title 46, United States Code, is amended by adding at the end the
following:
``30107. Punitive damages''.
SEC. 4. AMENDMENTS TO THE DEATH ON THE HIGH SEAS ACT.
(a) In General.--Chapter 303 of title 46, United States Code, is
amended--
(1) by inserting ``or law'' after ``admiralty'' in section
30302;
(2) by inserting ``survivors, including the decedent's'' in
section 30302;
(3) by inserting ``and nonpecuniary loss'' after
``pecuniary loss'' in section 30303;
(4) by striking ``sustained by'' and all that follows in
section 30303 and inserting ``sustained, plus a fair
compensation for the decedent's pain and suffering. In this
section, the term `nonpecuniary loss' means the loss of care,
comfort, and companionship.'';
(5) by inserting ``or law'' after ``admiralty'' in section
30305;
(6) by inserting ``or law'' after ``admiralty'' in section
30306; and
(7) by striking section 30307.
(b) Clerical Amendment.--The table of sections for chapter 303 of
title 46, United States Code, is amended by striking the item relating
to section 30307.
SEC. 5. AMENDMENTS TO THE JONES ACT.
(a) In General.--Chapter 301 of title 46, United States Code, is
amended--
(1) by adding at the end the following: ``In addition to
other amounts authorized under such laws, the recovery for a
seaman who so dies shall include recovery for loss of care,
comfort, and companionship.''; and
(2) by striking section 30105.
(b) Clerical Amendment.--The table of contents for chapter 301 of
title 46, United States Code, is amended by striking the item relating
to section 30105.
SEC. 6. EFFECTIVE DATE.
The amendments made by this Act shall apply to--
(1) causes of action and claims arising after April 19,
2010; and
(2) actions commenced before the date of enactment of this
Act that have not been finally adjudicated, including appellate
review, as of that date.
<all>