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

112th CONGRESS
  1st 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 (legislative day, January 5), 2011

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

_______________________________________________________________________

                                 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,

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(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.''.

SEC. 5. MULTIDISTRICT LITIGATION FOR CERTAIN CIVIL ACTIONS.

    (a) Multidistrict Litigation for Certain Civil Actions.--
            (1) In general.--Chapter 303 of title 46, United States 
        Code, is amended--
                    (A) by redesignating section 30308 as section 
                30309; and
                    (B) by inserting after section 30307 the following:
``30308. Multidistrict litigation for certain civil actions
    ``(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--
            ``(1) severed from all other claims in the covered civil 
        action; and
            ``(2) not be subject to section 1407 of title 28 or any 
        similar provision of State law.
    ``(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.''.
    (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:

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

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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