Text: S.3600 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in Senate (07/15/2010)

 
[Congressional Bills 111th Congress]
[From the U.S. Government Printing 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.
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