II 111th CONGRESS 2d Session S. 3463 IN THE SENATE OF THE UNITED STATES June 8, 2010 Mr. Leahy (for himself, Mr. Durbin, and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend chapter 303 of title 46, United States Code, to provide fair treatment for the families of those killed on the high seas.

1.

Short title

This Act may be cited as the Survivors Equality Act of 2010.

2.

Fair treatment for the families of those killed on the high seas

Chapter 303 of title 46, United States Code, is amended by striking section 30303 and inserting the following:

30303.

Amount and apportionment of recovery

(a)

Definition

In this section, the term nonpecuniary loss means loss of care, comfort, and companionship. (b)

Recovery

The recovery in an action under this chapter shall be a fair compensation for the pecuniary and nonpecuniary loss sustained by the individuals for whose benefit the action is brought. The individuals for whose benefit the action is brought may also recover damages for the decedent’s pre-death pain and suffering.

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3.

Effective date

The amendment made by this Act shall take effect on the date of enactment of this Act and apply to any civil action filed on or after that date.