[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3755 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3755

    To ensure fairness in admiralty and maritime law and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 2010

Mr. Rockefeller introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To ensure fairness in admiralty and maritime law and for other 
                               purposes.

    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. AMENDMENTS TO LIMITATION OF SHIPOWNERS' LIABILITY ACT OF 1851.

    (a) In General.--Chapter 305 of title 46, United States Code, is 
amended as follows:
            (1) Subsection (a) of section 30505 is amended to read as 
        follows:
    ``(a) In General.--Except as provided in section 30506 of this 
title, the liability of the owner of a vessel for any claim, debt, or 
liability described in subsection (b) shall not exceed the value of the 
vessel and pending freight. If the vessel has more than one owner, the 
proportionate share of the liability of any one owner shall not exceed 
that owner's proportionate interest in the vessel and pending 
freight.''.
            (2) Subsection (c) of section 30505 is amended to read as 
        follows:
    ``(c) Claims Not Subject to Limitation.--Subsection (a) does not 
apply--
            ``(1) to a claim for wages;
            ``(2) to a claim for personal injury;
            ``(3) to a claim for wrongful death; or
            ``(4) to a claim relating to oil drilling or exploration or 
        the discharge of oil from a vessel or offshore facility, as 
        those terms are defined in section 1001 of the Oil Pollution 
        Act of 1990 (33 U.S.C. 2701).''.
            (3) By adding at the end of the section:
    ``(d) Exclusion.--
            ``(1) Exclusion.--Unless the claim involves the privity or 
        knowledge of the owner, claims for personal injury or wrongful 
        death are subject to the limitation in subsection (a) if the 
        vessel was a fishing vessel.
            ``(2) Fishing vessel defined.--In this subsection, the term 
        `fishing vessel' means--
                    ``(A) a vessel, boat, ship, or other watercraft 
                that is used for, equipped to be used for, or of a type 
                normally used for--
                            ``(i) charter fishing (as defined in 
                        section 3(3) of the Magnuson-Stevens Fishery 
                        Conservation and Management Act (16 U.S.C. 
                        1802(3)));
                            ``(ii) commercial fishing (as defined in 
                        section 3(4) of such Act (16 U.S.C. 1802 (4))); 
                        or
                            ``(iii) aiding or assisting one or more 
                        vessels at sea in the performance of any 
                        activity relating to commercial fishing (as so 
                        defined), including preparation, supply, 
                        storage, refrigeration, transportation, or 
                        processing; but
                    ``(B) does not include a passenger vessel (as 
                defined in section 2101(22)).''.
            (4) Subsection (c) of section 30511 is amended to read as 
        follows:
    ``(c) Cessation of Other Actions.--At the time that an action has 
been brought under this section and the owner has complied with 
subsection (b), all claims and proceedings against the owner related to 
the matter in question which are subject to limitation under section 
30505 shall cease.''.

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:
``Sec. 30107. Punitive damages
    ``Except as otherwise provided in this title, 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) in section 30302, by inserting ``or law'' after 
        ``admiralty'';
            (2) in section 30303, by inserting ``and nonpecuniary 
        loss'' after ``pecuniary loss'';
            (3) in section 30303, by striking ``sustained by'' and all 
        that follows 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.'';
            (4) in section 30305, by inserting ``or law'' after 
        ``admiralty''; and
            (5) in section 30306, by inserting ``or law'' after 
        ``admiralty''.
    (b) Aviation Accidents.--
            (1) In general.--Section 30307 of title 46, United States 
        Code, is amended--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) Definitions.--
            ``(1) Commercial aviation; general aviation.--The terms 
        `commercial aviation' and `general aviation' have the same 
        meaning as those terms, respectively, as used in subtitle VII 
        of title 49, United States Code.
            ``(2) Nonpecuniary damages.--The term `nonpecuniary 
        damages' means damages for loss of care, comfort, and 
        companionship.'';
                    (B) by inserting ``or general aviation'' after 
                ``commercial aviation'' in subsections (b) and (c); and
                    (C) by adding at the end thereof the following:
    ``(d) Procedure.--Notwithstanding sections 30302, 30305, and 30306, 
an action to which this section applies may be brought in admiralty and 
may not be brought in law.''.
            (2) Conforming amendments.--
                    (A) Section heading.--Section 30307 of title 46, 
                United States Code, is amended in the heading by 
                striking ``commercial aviation'' and by inserting 
                ``aviation''.
                    (B) Clerical amendment.--The table of contents for 
                chapter 303 of title 46, United States Code, is amended 
                by striking the item relating to section 30307 and 
                inserting the following:

``30307. Aviation accidents''.
    (c) Application to Fishing Vessels.--
            (1) In general.--None of the amendments made by this 
        section shall apply with respect to a fishing vessel.
            (2) Fishing vessel defined.--In this subsection, the term 
        ``fishing vessel'' means--
                    (A) a vessel, boat, ship, or other watercraft that 
                is used for, equipped to be used for, or of a type 
                normally used for--
                            (i) charter fishing (as defined in section 
                        3(3) of the Magnuson-Stevens Fishery 
                        Conservation and Management Act (16 U.S.C. 
                        1802(3)));
                            (ii) commercial fishing (as defined in 
                        section 3(4) of such Act (16 U.S.C. 1802 (4))); 
                        or
                            (iii) aiding or assisting one or more 
                        vessels at sea in the performance of any 
                        activity relating to commercial fishing (as so 
                        defined), including preparation, supply, 
                        storage, refrigeration, transportation, or 
                        processing; but
                    (B) does not include a passenger vessel (as defined 
                in section 2101(22) of title 46, United States Code).

SEC. 5. IMPROVEMENTS TO RECOVERY UNDER THE JONES ACT.

    Section 30104 of title 46, United States Code, is amended to read 
as follows:
``Sec. 30104. Personal injury to or death of seamen
    ``(a) In General.--A seaman injured in the course of employment or, 
if the seaman dies from the injury, the personal representative of the 
seaman may elect to bring a civil action at law, with the right of 
trial by jury, against the employer. Laws of the United States 
regulating recovery for personal injury to, or death of, a railway 
employee apply to an action under this section.
    ``(b) Loss of Care, Comfort, and Companionship.--In addition to 
other amounts authorized under such laws, for any claim relating to oil 
drilling or exploration or the discharge of oil the recovery for a 
seaman who so dies shall include recovery for loss of care, comfort, 
and companionship.''.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this title shall apply to--
            (1) causes of action and claims arising after April 19, 
        2010; or
            (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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