[Congressional Record Volume 156, Number 85 (Tuesday, June 8, 2010)]
[Senate]
[Pages S4659-S4660]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. LEAHY (for himself, Mr. Durbin, and Mr. Whitehouse):
S. 3463. 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; to the Committee on Commerce, Science, and Transportation.
Mr. LEAHY. Mr. President, today I introduce the Survivors Equality
Act to ensure that everyone is treated equally under the Death on the
High Seas Act. I thank Senator Whitehouse for joining me in this
important effort to provide justice for victims. Earlier today, the
Senate Judiciary Committee held a hearing to examine liability issues
related to the British Petroleum, BP, oil spill disaster in the Gulf of
Mexico. The testimony received at this hearing made it clear that
several of our laws need updating.
As a result of the BP oil spill, countless Americans in the Gulf
Region have been devastated. Waters, fisheries, wetlands, and
coastlines, and the wildlife that enriches those environments, have
been injured profoundly. Their livelihoods and way of life will take
years of hard work to reclaim.
Among the victims of the explosion that led to the oil spill are 11
men who lost their lives on the Deepwater Horizon oil rig. Their
families, including more than a dozen children, have experienced a
terrible loss. As Congress responds to the needs of the Gulf Region,
these men and the families who lost them must have justice. The
legislation I introduce today is a step toward that goal.
The Death on the High Seas Act is one of few Federal remedies for the
survivors of those who were killed on the Deepwater Horizon. The
families of these men cannot seek justice under the laws of their
states.
In 2000, in response to a tragic airline crash, Congress amended the
Death on the High Seas Act to permit recovery of non-pecuniary losses
for the surviving family members of air crash victims. While this was
the right thing to do, it did not go far enough. Though well-
intentioned, this amendment resulted in an inequity based solely on the
manner in which a victim was killed. Congress made some strides in
modernizing this law then. Now it must finish the job.
Current law provides greater protection to a person killed in an
aircraft disaster over international waters than it does for a person
killed in a boat or other ocean vessel such as an oil drilling rig.
Under the Act today, the surviving family members of a person
wrongfully killed in international waters in a boat or other ocean
vessel may only recover pecuniary damages. This means they can only
seek the lost income of their loved one, and what that person provided
to the family in monetary terms.
Not only is this law internally inconsistent, it is out of the legal
mainstream. Families who lose a loved one in a workplace accident on
land are eligible for more compensation. For example, the families of
the 15 employees who were killed in a 2005 BP Texas City refinery
explosion had a full range of legal remedies simply because the
facility was on dry land. It is unfair that the men on the Deepwater
Horizon are afforded less protection because that facility was at sea.
Their jobs were no less dangerous, and their losses no less tragic.
In the Judiciary Committee this morning, Senators heard testimony
from Christopher Jones. Mr. Jones' brother, Gordon Jones, was among the
11 men who perished on the Deepwater Horizon rig. He died while working
to support his young family. Yet simply because of where he was
working, his family has less protection under the law than the
survivors of a person who loses their life in an aircraft. This is
nonsensical and wrong.
Where Federal law provides an exclusive remedy to those who lose
their lives in international waters, it should not be unfair. In the
law, as in society, great value is placed on the bonds that hold
together families. The destruction of those bonds through the
misconduct of another is a loss that is recognized by the law. Today,
the Death on the High Seas Act fails to recognize universally what it
means to a child who will no longer have the guidance of a loving
father or a spouse who will no longer have the care and comfort of a
devoted wife or husband. It is time for Congress to finish the work
that was started a decade ago and make this law fair for all to whom it
applies.
[[Page S4660]]
As Congress moves forward to address the terrible tragedy that has
occurred in the Gulf of Mexico, I urge all Senators to join me in
support of this legislation to help the families of the 11 hardworking
Americans who were killed during the explosion.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3463
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 ``Survivors Equality Act of
2010''.
SEC. 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:
``Sec. 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.''.
SEC. 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.
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