S. 183 (112th): Deepwater Horizon Survivors’ Fairness Act

Introduced:
Jan 25, 2011 (112th Congress, 2011–2013)
Sponsor:
Sen. John “Jay” Rockefeller IV [D-WV]
Status:
Died (Reported by Committee)

The bill’s title was written by the bill’s sponsor. S. stands for Senate bill.

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Status

This bill was introduced on June 8, 2011, in a previous session of Congress, but was not enacted.

Progress
Introduced Jan 25, 2011
Referred to Committee Jan 25, 2011
Reported by Committee Jun 08, 2011
Cosponsors
3 cosponsors (3D) (show)
Committees

Senate Commerce, Science, and Transportation

The committee chair determines whether a bill will move past the committee stage.

Full Title

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.

Summary

No summaries available.

Text

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Last updated Nov 14, 2012.
10 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

11/14/2012.
Section 2 -
Amends federal maritime law formerly known as the Shipowners' Liability Act of 1851 to exclude 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 (the Deepwater Horizon incident), from provisions limiting a vessel owner's liability in specified instances to the value of the vessel and its pending freight.
Section 3 -
Amends the Death on the High Seas Act to allow a civil action in law or in admiralty against the person or vessel responsible for a Deepwater Horizon incident death.
(Current law allows only a civil action in admiralty when death is caused by a wrongful act, neglect, or default.) Authorizes any related recovery to include fair compensation for nonpecuniary loss (care, comfort, companionship, and society) plus a fair compensation for the decedent's pain and suffering.
(Current law allows only fair compensation for pecuniary loss sustained by the individuals for whose benefit the action is brought.)
Section 4 -
Amends the Jones Act to authorize any recovery in a civil action at law against the employer of a seaman who dies from the Deepwater Horizon incident to include fair compensation for nonpecuniary loss, plus a fair compensation for the decedent's pain and suffering. (Current law allows only certain wrongful death and survival claims as is available to railway employees.)
Section 5 -
Applies this Act to: (1) causes of action and claims arising after April 19, 2010; and (2) actions commenced prior to, on, or after enactment of this Act that have not been finally adjudicated, including appellate review, as of such date.

House Republican Conference Summary

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The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Other Citations

  • 46 U.S.C. Chapter 303