II 

111TH CONGRESS 

2D SESSION S. 3600 

To amend the Jones Act and related statutes with respect to the liability 

of vessel owners and operators for damages. 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2010 

Mr. ROCKEFELLER introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend the Jones Act and related statutes with respect 

to the liability of vessel owners and operators for damages. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness in Admiralty 

5 and Maritime Law Act’’. 

6 SEC. 2. REPEAL OF LIMITATION OF SHIPOWNERS’ LIABIL7 ITY ACT OF 1851. 

8 (a) IN GENERAL.—Chapter 305 of title 46, United 

9 States Code, is amended— 


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•S 3600 IS 

1 (1) by striking sections 30505, 30506, 30507, 

2 30511, and 30512; 

3 (2) by striking ‘‘(except section 30503)’’ after 

4 ‘‘chapter’’ in section 30502; and 

5 (3) by redesignating sections 30508, 30509, 

6 and 30510 as sections 30505, 30506, and 30507, 

7 respectively. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) OIL POLLUTION ACT OF 1990.—Section 

10 1018 of the Oil Pollution Act of 1990 (33 U.S.C. 

11 2718) is amended— 

12 (A) by striking ‘‘or the Act of March 3, 

13 1851’’ in subsection (a); and 

14 (B) by striking ‘‘Act, the Act of March 3, 

15 1851 (46 U.S.C. 183 et seq.),’’ in subsection 

16 (c) and inserting ‘‘Act’’. 

17 (2) TITLE 46.—Section 14305(a) of title 46, 

18 United States Code, is amended by striking para19 graph (5) and re-designating the paragraphs that 

20 follow as paragraphs (5) through (14), respectively. 

21 (c) CLERICAL AMENDMENT.—The table of contents 

22 for chapter 305 of title 46, United States Code, is amend23 ed by striking the items relating to sections 30505 

24 through 30512 and inserting the following: 

‘‘30505. Provisions requiring notice of claim or limiting time for bringing action 

‘‘30506. Provisions limiting liability for personal injury or death 

‘‘30507. Vicarious liability for medical malpractice with regard to crew’’. 


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•S 3600 IS 

1 SEC. 3. ASSESSMENT OF PUNITIVE DAMAGES IN MARITIME 

2 LAW. 

3 (a) IN GENERAL.—Chapter 301 of title 46, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 30107. Punitive damages 

7 ‘‘In a civil action for damages arising out of a mari8 time tort, punitive damages may be assessed without re9 gard to the amount of compensatory damages assessed in 

10 the action.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 for chapter 301 of title 46, United States Code, is amend13 ed by adding at the end the following: 

‘‘30107. Punitive damages’’. 

14 SEC. 4. AMENDMENTS TO THE DEATH ON THE HIGH SEAS 

15 ACT. 

16 (a) IN GENERAL.—Chapter 303 of title 46, United 

17 States Code, is amended— 

18 (1) by inserting ‘‘or law’’ after ‘‘admiralty’’ in 

19 section 30302; 

20 (2) by inserting ‘‘survivors, including the dece21 dent’s’’ in section 30302; 

22 (3) by inserting ‘‘and nonpecuniary loss’’ after 

23 ‘‘pecuniary loss’’ in section 30303; 

24 (4) by striking ‘‘sustained by’’ and all that fol25 lows in section 30303 and inserting ‘‘sustained, plus 


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1 a fair compensation for the decedent’s pain and suf2 fering. In this section, the term ‘nonpecuniary loss’ 

3 means the loss of care, comfort, and companion4 ship.’’; 

5 (5) by inserting ‘‘or law’’ after ‘‘admiralty’’ in 

6 section 30305; 

7 (6) by inserting ‘‘or law’’ after ‘‘admiralty’’ in 

8 section 30306; and 

9 (7) by striking section 30307. 

10 (b) CLERICAL AMENDMENT.—The table of sections 

11 for chapter 303 of title 46, United States Code, is amend12 ed by striking the item relating to section 30307. 

13 SEC. 5. AMENDMENTS TO THE JONES ACT. 

14 (a) IN GENERAL.—Chapter 301 of title 46, United 

15 States Code, is amended— 

16 (1) by adding at the end the following: ‘‘In ad17 dition to other amounts authorized under such laws, 

18 the recovery for a seaman who so dies shall include 

19 recovery for loss of care, comfort, and companion20 ship.’’; and 

21 (2) by striking section 30105. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 for chapter 301 of title 46, United States Code, is amend24 ed by striking the item relating to section 30105. 


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1 SEC. 6. EFFECTIVE DATE. 

2 The amendments made by this Act shall apply to— 

3 (1) causes of action and claims arising after 

4 April 19, 2010; and 

5 (2) actions commenced before the date of enact6 ment of this Act that have not been finally adju7 dicated, including appellate review, as of that date. 

Æ 


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