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Reported to Senate (11/14/2012)

 
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 183 Reported in Senate (RS)]

                                                       Calendar No. 544
112th CONGRESS
  2d Session
                                 S. 183

 To clarify the applicability of certain maritime laws with respect to 
    the blowout and explosion of the mobile offshore drilling unit 
                           Deepwater Horizon.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 25, 2011

  Mr. Rockefeller (for himself, Mr. Schumer, Mr. Whitehouse, and Ms. 
   Landrieu) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                           November 14, 2012

             Reported by Mr. Rockefeller, with an amendment
[Strike all after the enacting clause and insert the matter printed in 
                                italic]

_______________________________________________________________________

                                 A BILL


 
 To clarify the applicability of certain maritime laws with respect to 
    the blowout and explosion of the mobile offshore drilling unit 
                           Deepwater Horizon.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Deepwater Horizon 
Survivors' Fairness Act''.</DELETED>

<DELETED>SEC. 2. AMENDMENT OF SHIPOWNERS' LIABILITY ACT OF 
              1851.</DELETED>

<DELETED>    (a) General Limit of Liability.--Section 30505(c) of title 
46, United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(c) Claims Not Subject to Limitation.--Subsection (a) 
does not apply--</DELETED>
        <DELETED>    ``(1) to a claim for wages; or</DELETED>
        <DELETED>    ``(2) to a claim for personal injury or wrongful 
        death arising from the blowout and explosion of the mobile 
        offshore drilling unit Deepwater Horizon that occurred on April 
        20, 2010.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 30511(c) of title 46, 
United States Code, is amended by inserting ``that are subject to 
limitation under section 30505'' after ``question''.</DELETED>

<DELETED>SEC. 3. AMENDMENT OF THE DEATH ON THE HIGH SEAS ACT.</DELETED>

<DELETED>    (a) Cause of Action.--Section 30302 of title 46, United 
States Code, is amended by inserting after the first sentence the 
following: ``If the death was attributable to the blowout and explosion 
of the mobile offshore drilling unit Deepwater Horizon that occurred on 
April 20, 2010, the action may be brought in law or in 
admiralty.''.</DELETED>
<DELETED>    (b) Amount and Apportionment of Recovery.--Section 30303 
of title 46, United States Code, is amended by adding at the end the 
following: ``If the action under this chapter arises from the blowout 
and explosion of the mobile offshore drilling unit Deepwater Horizon 
that occurred on April 20, 2010, the recovery may include fair 
compensation for nonpecuniary loss, plus a fair compensation for the 
decedent's pain and suffering. In this section, the term `nonpecuniary 
loss' means the loss of care, comfort, companionship, and 
society.''.</DELETED>
<DELETED>    (c) Death of Plaintiff in Pending Action.--Section 30305 
of title 46, United States Code, is amended by adding at the end the 
following: ``If a civil action in law is pending in a court of the 
United States to recover for personal injury caused by wrongful act, 
neglect, or default described in the second sentence of section 30302 
of this title and the individual dies during the action as a result of 
that wrongful act, neglect, or default, the personal representative of 
the decedent may be substituted as the plaintiff and the action may 
proceed under this chapter for the recovery authorized by this 
chapter.''.</DELETED>

<DELETED>SEC. 4. AMENDMENT OF JONES ACT.</DELETED>

<DELETED>    Section 30104(a) of title 46, United States Code, is 
amended by adding at the end the following: ``If the action under this 
chapter arises from the blowout and explosion of the mobile offshore 
drilling unit Deepwater Horizon that occurred on April 20, 2010, the 
recovery for a seaman who dies may include fair compensation for 
nonpecuniary loss, plus a fair compensation for the decedent's pain and 
suffering. In this section, the term `nonpecuniary loss' means the loss 
of care, comfort, companionship, and society.''.</DELETED>

<DELETED>SEC. 5. MULTIDISTRICT LITIGATION FOR CERTAIN CIVIL 
              ACTIONS.</DELETED>

<DELETED>    (a) Multidistrict Litigation for Certain Civil Actions.--
</DELETED>
        <DELETED>    (1) In general.--Chapter 303 of title 46, United 
        States Code, is amended--</DELETED>
                <DELETED>    (A) by redesignating section 30308 as 
                section 30309; and</DELETED>
                <DELETED>    (B) by inserting after section 30307 the 
                following:</DELETED>
<DELETED>``</DELETED> <DELETED>30308. Multidistrict litigation for 
              certain civil actions</DELETED>
<DELETED>    ``(a) In General.--A plaintiff in a covered civil action 
brought under chapter 301 or this chapter may elect to have the claims 
of that plaintiff--</DELETED>
        <DELETED>    ``(1) severed from all other claims in the covered 
        civil action; and</DELETED>
        <DELETED>    ``(2) not be subject to section 1407 of title 28 
        or any similar provision of State law.</DELETED>
<DELETED>    ``(b) Covered Civil Action Defined.--In this section, the 
term `covered civil action' means a civil action for damages for 
personal injury or wrongful death arising from the blowout and 
explosion of the mobile offshore drilling unit Deepwater Horizon that 
occurred on April 20, 2010.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The table of contents for 
chapter 303 of title 46, United States Code, is amended by striking the 
item relating to section 30308 and inserting the following:</DELETED>

<DELETED>``30308. Multidistrict litigation for certain civil actions.
<DELETED>``30309. Nonapplication.''.

<DELETED>SEC. 6. EFFECTIVE DATE.</DELETED>

<DELETED>    The amendments made by this Act shall apply to--</DELETED>
        <DELETED>    (1) causes of action and claims arising after 
        April 19, 2010; and</DELETED>
        <DELETED>    (2) actions commenced before the date of enactment 
        of this Act that have not been finally adjudicated, including 
        appellate review, as of that date.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deepwater Horizon Survivors' 
Fairness Act''.

SEC. 2. AMENDMENT OF SHIPOWNERS' LIABILITY ACT OF 1851.

    (a) General Limit of Liability.--Section 30505(c) of title 46, 
United States Code, is amended to read as follows:
    ``(c) Claims Not Subject to Limitation.--Subsection (a) does not 
apply--
            ``(1) to a claim for wages; or
            ``(2) to a claim for personal injury or wrongful death 
        arising from the blowout and explosion of the mobile offshore 
        drilling unit Deepwater Horizon that occurred on April 20, 
        2010.''.
    (b) Conforming Amendment.--Section 30511(c) of title 46, United 
States Code, is amended by inserting ``that are subject to limitation 
under section 30505'' after ``question''.

SEC. 3. AMENDMENT OF THE DEATH ON THE HIGH SEAS ACT.

    (a) Cause of Action.--Section 30302 of title 46, United States 
Code, is amended by inserting after the first sentence the following: 
``If the death was attributable to the blowout and explosion of the 
mobile offshore drilling unit Deepwater Horizon that occurred on April 
20, 2010, the action may be brought in law or in admiralty.''.
    (b) Amount and Apportionment of Recovery.--Section 30303 of title 
46, United States Code, is amended by adding at the end the following: 
``If the action under this chapter arises from the blowout and 
explosion of the mobile offshore drilling unit Deepwater Horizon that 
occurred on April 20, 2010, the recovery may include fair compensation 
for nonpecuniary loss, plus a fair compensation for the decedent's pain 
and suffering. In this section, the term `nonpecuniary loss' means the 
loss of care, comfort, companionship, and society.''.
    (c) Death of Plaintiff in Pending Action.--Section 30305 of title 
46, United States Code, is amended by adding at the end the following: 
``If a civil action in law is pending in a court of the United States 
to recover for personal injury caused by wrongful act, neglect, or 
default described in the second sentence of section 30302 of this title 
and the individual dies during the action as a result of that wrongful 
act, neglect, or default, the personal representative of the decedent 
may be substituted as the plaintiff and the action may proceed under 
this chapter for the recovery authorized by this chapter.''.

SEC. 4. AMENDMENT OF JONES ACT.

    Section 30104 of title 46, United States Code, is amended by adding 
at the end the following: ``If the action under this chapter arises 
from the blowout and explosion of the mobile offshore drilling unit 
Deepwater Horizon that occurred on April 20, 2010, the recovery for a 
seaman who dies may include fair compensation for nonpecuniary loss, 
plus a fair compensation for the decedent's pain and suffering. In this 
section, the term `nonpecuniary loss' means the loss of care, comfort, 
companionship, and society.''.

SEC. 5. 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 prior to, on, or after the date of 
        enactment of this Act that have not been finally adjudicated, 
        including appellate review, as of that date.
                                                       Calendar No. 544

112th CONGRESS

  2d Session

                                 S. 183

_______________________________________________________________________

                                 A BILL

 To clarify the applicability of certain maritime laws with respect to 
    the blowout and explosion of the mobile offshore drilling unit 
                           Deepwater Horizon.

_______________________________________________________________________

                           November 14, 2012

                       Reported with an amendment

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