U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

29–010 

" ! SENATE 

112TH CONGRESS

2d Session 

REPORT

2012

112–245 

Calendar No. 544 

DEEPWATER HORIZON SURVIVORS’ 

FAIRNESS ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 183 

DECEMBER 5, 2012.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TWELFTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, New Mexico 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JIM DEMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

JOHNNY ISAKSON, Georgia 

ROY BLUNT, Missouri 

JOHN BOOZMAN, Arkansas 

PATRICK J. TOOMEY, Pennsylvania 

MARCO RUBIO, Florida 

KELLY AYOTTE, New Hampshire 

DEAN HELLER, Nevada 

ELLEN DONESKI, Staff Director 

JAMES REID, Deputy Staff Director 

JOHN WILLIAMS, General Counsel 

RICHARD RUSSELL, Republican Staff Director 

DAVID QUINALTY, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 544 

112TH CONGRESS REPORT " ! SENATE 2d Session 112–245 

DEEPWATER HORIZON SURVIVORS’ FAIRNESS ACT 

DECEMBER 5, 2012.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 183] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (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, having considered the same, reports favorably thereon with an amendment (in 

the nature of a substitute) and recommends that the bill (as 

amended) do pass. 

PURPOSE OF THE BILL

The Deepwater Horizon Survivors’ Fairness Act is intended to 

address the inability for the widows and families of Deepwater Horizon workers to secure fair compensation for their loss. Under current law the relatives of Deepwater Horizon victims are entitled to 

only lost wages for the accident beyond what is available under 

current law. This bill would expand the remedies available to the 

families by allowing them to seek nonpecuniary losses and fair 

compensation for pain. The bill is intended to bring compensation 

for families of Deepwater Horizon victims in line with their available remedies if the accident had occurred on land. 

BACKGROUND AND NEEDS

On April 20, 2010, at approximately 10:00 p.m., the mobile offshore drilling unit Deepwater Horizon, owned and operated by 

Transocean Ltd. on behalf of British Petroleum (BP), suffered an 

explosion in the Gulf of Mexico, 42 miles southeast of Venice, LA. 

Search and Rescue operations were immediately commenced, and 


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115 of the 126 crew members were recovered. Eleven crew members were killed in the explosion. 

In the aftermath of the accident, much attention has turned to 

the need to reconsider the current laws governing the recovery of 

damages for injury and death under maritime law. The sufficiency 

of remedies for wrongful death is an issue of great significance for 

the widows and families of the 11 deceased Deepwater Horizon 

workers. In a wrongful death action brought under applicable maritime law, a litany of factors (e.g., nature of employment, location 

of the accident) determines the levels of compensation available to 

survivors of the deceased. Yet even under the most egregious circumstances, current law prevents most survivors from recovering 

damages beyond the sum of lost lifetime wages (pecuniary damages). 

SUMMARY OF PROVISIONS

The Deepwater Horizon Survivors’ Fairness Act (S. 183) would 

modify existing maritime law for the surviving family members of 

the 11 Deepwater Horizon workers. Under current law, survivors of 

those killed aboard the Deepwater Horizon can only collect the sum 

of lost lifetime wages. This stands in stark contrast to the remedies 

that would be available to survivors if this accident occurred at a 

similar land-based facility. The legislation is narrow in scope, and 

provides equitable relief only to the survivors of the 11 workers 

killed aboard the Deepwater Horizon. 

LEGISLATIVE HISTORY

The legislation was introduced by Senator Rockefeller on January 25, 2011, with Senators Whitehouse and Schumer as original 

cosponsors. Last Congress, Senator Rockefeller was the lead sponsor of S. 3755, the Fairness in Admiralty and Maritime Law Act. 

Though S. 3755 was not passed by the Committee, there was a request for unanimous consent to pass S. 3755 on the Floor that was 

denied. S. 183 passed the Committee by voice vote at an Executive 

Session held on June 8, 2011, with an amendment in the nature 

of a substitute from Senator Rockefeller that made technical and 

clarifying changes to the bill. There were no other amendments. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 183—Deepwater Horizon Survivors’ Fairness Act 

S. 183 would amend several laws related to private liability that 

apply to the injury or death of workers on ocean-going vessels or 

on certain other facilities located in the ocean. CBO estimates that 

enacting the legislation would have no significant impact on the 

federal budget. 

Enacting S. 183 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

The bill would expand both the Death on the High Seas Act 

(DOHSA) and the Jones Act to enable the surviving family memVerDate Mar 15 2010 00:37 Dec 08, 2012 Jkt 029010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\SR245.XXX SR245

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bers of a deceased worker to receive monetary compensation for 

nonmonetary damages as a result of the death of a relative on an 

ocean-going vessel or certain other facilities located in the ocean 

(such as oil-drilling rigs). S. 183 also would extend the distance 

from shore that would make ships subject to the provisions of 

DOHSA, and it would repeal the Limitation of Liability Act, a law 

that limits the value of certain damages that can be charged to vessel owners. Because those provisions would affect the liability of 

private firms, CBO estimates that enacting them would have no 

significant impact on the federal budget. 

S. 183 contains no intergovernmental mandates as defined in the 

Unfunded Mandates Reform Act (UMRA) and would impose no 

costs on state, local, or tribal governments. 

By retroactively removing various limits on the liability that 

owners and operators of vessels face as a result of the Deepwater 

Horizon explosion, the bill would impose a mandate as defined in 

UMRA. The costs of the mandate to owners and operators of vessels would be the difference in compensation for damages they 

would have to pay under current law compared to the amount that 

they would have to pay under the bill. Because those costs would 

depend on future judicial proceedings, CBO cannot determine 

whether the aggregate cost of the mandate would exceed the annual threshold established in UMRA for private-sector mandates 

($142 million in 2011, adjusted annually for inflation). 

The CBO staff contacts for this estimate are Sarah Puro (for federal costs) and Sam Wice (for the private-sector impact). The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

The bill is limited in scope to the relatives of the 11 crew members who perished in the Deepwater Horizon accident. 

ECONOMIC IMPACT

The bill’s economic impact is limited to possible civil actions that 

would be undertaken by relatives of those 11 crew members. 

PRIVACY

This bill will not have any adverse impact on the personal privacy of individuals. 

PAPERWORK

This bill will not provide any requirements for additional paperwork. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 


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contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that the bill may be cited as the ‘‘Deepwater 

Horizon Survivors’ Fairness Act’’. 

Section 2. Amendment of Shipowners’ Liability Act of 1851 

Under existing law, an owner of a vessel can limit liability for 

all claims arising from an incident involving the vessel to its postvoyage value and that of its cargo. Under current provisions of title 

46, United States Code, governing maritime liability, the owner of 

a vessel may bring a civil action in Federal district court to limit 

owner liability with respect to: (1) damage done to goods onboard 

the vessel; (2) damage by collision to other vessels and their cargo; 

and (3) any other damage or forfeiture done or incurred without 

the privity or knowledge of the owner (including personal injury 

and death). This section would amend the relevant sections in 

chapter 305 of title 46, United States Code, which comprise this 

law, to clarify that claims 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, are 

not subject to the limitation. 

Section 3. Amendment of the Death on the High Seas Act 

Section 3 would amend chapter 303 of title 46, United States 

Code, to enhance remedies against any negligent parties for wrongful death on the high seas for the surviving families of the 11 deceased workers aboard the Deepwater Horizon. This section would 

provide the families of the 11 workers the ability to recover fair 

compensation for the deceased’s pecuniary and nonpecuniary loss, 

plus a fair compensation for their pain and suffering. Current law 

provides decedents the ability to recover only pecuniary damages 

(lost lifetime wages) from negligent parties. 

Section 4. Amendment of Jones Act 

Section 4 would amend chapter 301 of title 46, United States 

Code, to provide the families of the 11 deceased workers aboard the 

Deepwater Horizon the ability to recover nonpecuniary losses (loss 

of care, comfort, companionship, and society) from employers. 

Chapter 301 of title 46-commonly known as the Jones Act-provides 

the same rights to recovery for seamen as is available to railway 

employees under the Federal Employers’ Liability Act (Railroad). 

Only a seaman can recover damages under chapter 301 of title 46 

(a seaman is defined as an individual with a substantial connection 

to a vessel or a fleet of commonly owned vessels). Current law provides the survivors of certain seamen killed as a result of their employer’s negligence with wrongful death and survival claims. Section 4 would provide the families of the 11 workers the ability to 

recover fair compensation for the deceased’s pecuniary and nonpecuniary loss, plus a fair compensation for their pain and suffering against a negligent employer. 


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Section 5. Effective date 

Section 5 would provide that all amendments to existing statutes 

shall apply to causes of action and claims arising after April 19, 

2010, and actions commenced before the date of enactment of this 

Act that have not been finally adjudicated. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

TITLE 46. SHIPPING 

SUBTITLE III. MARITIME LIABILITY

CHAPTER 301. GENERAL LIABILITY PROVISIONS

§ 30104. Personal injury to or death of seamen 

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. 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. 

TITLE 46. SHIPPING 

SUBTITLE III. MARITIME LIABILITY

CHAPTER 303. DEATH ON THE HIGH SEAS

§ 30302. Cause of action 

When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles 

from the shore of the United States, the personal representative of 

the decedent may bring a civil action in admiralty against the person or vessel responsible. 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. The action shall be for the exclusive benefit 

of the decedent’s spouse, parent, child, or dependent relative. 

§ 30303. Amount and apportionment of recovery 

The recovery in an action under this chapter shall be a fair compensation for the pecuniary loss sustained by the individuals for 

whose benefit the action is brought. The court shall apportion the 


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recovery among those individuals in proportion to the loss each has 

sustained. 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. 

* * * * * * * 

§ 30305. Death of plaintiff in pending action 

If a civil action in admiralty is pending in a court of the United 

States to recover for personal injury caused by wrongful act, neglect, or default described in section 30302 of this title, and the individual dies during the action as a result of the 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. 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. 

TITLE 46. SHIPPING 

SUBTITLE III. MARITIME LIABILITY

CHAPTER 305. EXONERATION AND LIMITATION OF LIABILITY

§ 30505. General limit of liability 

(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. 

(b) CLAIMS SUBJECT TO LIMITATION.—Unless otherwise excluded 

by law, claims, debts, and liabilities subject to limitation under 

subsection (a) are those arising from any embezzlement, loss, or destruction of any property, goods, or merchandise shipped or put on 

board the vessel, any loss, damage, or injury by collision, or any 

act, matter, or thing, loss, damage, or forfeiture, done, occasioned, 

or incurred, without the privity or knowledge of the owner. 

ø(c) WAGES.—Subsection (a) does not apply to a claim for wages.¿ 

(c) CLAIMS NOT SUBJECT TO LIMITATION.—Subsection (a) does not 

apply— 

(1) to a claim for wages; or 


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(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. 

* * * * * * * 

§ 30511. Action by owner for limitation 

(a) IN GENERAL.—The owner of a vessel may bring a civil action 

in a district court of the United States for limitation of liability 

under this chapter. The action must be brought within 6 months 

after a claimant gives the owner written notice of a claim. 

(b) CREATION OF FUND.—When the action is brought, the owner 

(at the owner’s option) shall— 

(1) deposit with the court, for the benefit of claimants— 

(A) an amount equal to the value of the owner’s interest 

in the vessel and pending freight, or approved security; 

and 

(B) an amount, or approved security, that the court may 

fix from time to time as necessary to carry out this chapter; or 

(2) transfer to a trustee appointed by the court, for the benefit of claimants— 

(A) the owner’s interest in the vessel and pending 

freight; and 

(B) an amount, or approved security, that the court may 

fix from time to time as necessary to carry out this chapter. 

(c) CESSATION OF OTHER ACTIONS.—When 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 that are subject to limitation under section 

30505 shall cease. 

Æ 


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