[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5503 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5503

  To revise laws regarding liability in certain civil actions arising 
            from maritime incidents, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 2010

  Mr. Conyers (for himself, Mr. Melancon, Mr. Nadler of New York, Ms. 
 Jackson Lee of Texas, Ms. Waters, Mr. Cohen, Mr. Johnson of Georgia, 
 Ms. Chu, Mr. Deutch, Mr. Weiner, Ms. Linda T. Sanchez of California, 
   and Mr. Braley of Iowa) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
  Committee on Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
  To revise laws regarding liability in certain civil actions arising 
            from maritime incidents, and for other purposes.

    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 ``Securing Protections for the Injured 
from Limitations on Liability Act''.

SEC. 2. AMENDMENTS TO DEATH ON THE HIGH SEAS ACT.

    The Death on the High Seas Act (chapter 303 of title 46, United 
States Code), is amended--
            (1) in section 30302--
                    (A) by inserting ``or law'' after ``admiralty'';
                    (B) by striking ``3 nautical miles'' and inserting 
                ``12 nautical miles'';
                    (C) by striking ``personal representative of the 
                decedent'' and inserting ``decedent's spouse, parent, 
                child, or dependent relative''; and
                    (D) by striking the last sentence;
            (2) in section 30303--
                    (A) by inserting ``and nonpecuniary loss'' after 
                ``pecuniary loss'';
                    (B) by striking ``by'' and all that follows through 
                the end, and inserting ``, plus a fair compensation for 
                the decedent's pain and suffering.''; and
                    (C) by adding at the end the following: ``In this 
                section, the term `nonpecuniary loss' means loss of 
                care, comfort, and companionship.'';
            (3) in section 30305--
                    (A) by inserting ``or law'' after ``admiralty''; 
                and
                    (B) by striking ``personal representative of the 
                decedent may be substituted as the plaintiff'' and 
                inserting ``the decedent's spouse, parent, child, or 
                dependent relative may be substituted as a plaintiff'';
            (4) in section 30306, by inserting ``or law'' after 
        ``admiralty'';
            (5) by striking section 30307, and redesignating section 
        30308 as section 30307;
            (6) in section 30307, as so redesignated, by amending 
        subsection (b) to read as follows:
    ``(b) Internal and Territorial Waters.--This chapter does not apply 
to the Great Lakes or waters within the territorial limits of a State 
that do not exceed 12 nautical miles from the shore of the United 
States.''; and
            (7) in the table of sections at the beginning of such 
        chapter, by striking the items relating to sections 30307 and 
        30308 and inserting the following:

``30307. Nonapplication.''.

SEC. 3. AMENDMENT TO JONES ACT.

    Section 30104 of title 46, United States Code, is amended by adding 
at the end the following: ``In addition to other amounts authorized 
under such laws, the recovery for a seaman who so dies shall include 
recovery for loss of care, comfort, and companionship.''.

SEC. 4. REPEAL OF LIMITATION OF LIABILITY ACT.

    Chapter 305 of title 46, United States Code, is amended by 
repealing sections 30505, 30506, 30507, 30511, and 30512.

SEC. 5. AMENDMENT TO CLASS ACTION FAIRNESS ACT.

    Title 28, United States Code, is amended--
            (1) in section 1711(2), by inserting ``, but does not 
        include an action brought by a State or subdivision of a State 
        on behalf of its citizens'' before the period; and
            (2) in section 1332(d)(1)(B), by inserting ``, but does not 
        include an action brought by a State or subdivision of a State 
        on behalf of its citizens'' before the semicolon.

SEC. 6. UNENFORCEABILITY OF CERTAIN SECRECY AGREEMENTS.

    (a) In General.--Subject to subsection (b), an agreement, promise, 
or directive to restrict the dissemination of information regarding the 
cause of a discharge into waters off the shore of the United States of 
a substance that contaminates a marine or coastal environment or 
endangers public health, regarding the nature or extent of such a 
discharge, regarding the damage caused or threatened by such a 
discharge, or regarding the efforts to remediate the effects of such a 
discharge, shall be void as against public policy and unenforceable in 
any legal proceeding.
    (b) Exception.--Subsection (a) shall not apply with respect to a 
directive contained in a court order, or issued by a Government agency 
with authority to enforce such a directive in a court, restricting 
dissemination of information as necessary to protect public health or 
safety.

SEC. 7. AMENDMENTS TO TITLE 11 OF THE UNITED STATES CODE.

    (a) Limitation on Sale or Lease of Certain Property in 
Bankruptcy.--
            (1) Limitation.--Section 363 of title 11, the United States 
        Code, is amended by adding at the end the following:
    ``(q) Notwithstanding any other provision of this section, the 
trustee may not sell or lease, other than in the ordinary course of 
business, property of the estate of a debtor that is liable for a claim 
arising under any law from an incident (as defined in section 1001 of 
the Oil Pollution Act of 1990) to which such Act applies, to a 
purchaser (together with any affiliate of such purchaser) in an 
aggregate dollar amount exceeding the dollar amount then in effect 
under section 7A(a) of the Clayton Act unless--
            ``(1) such purchaser and any such affiliate agree as a 
        condition of such sale to pay the amount of allowed unsecured 
        claims arising from such incident that is not paid by the 
        debtor; or
            ``(2) all classes of such unsecured claims approve the sale 
        of such assets.''.
            (2) Conforming amendment.--Section 303(f) of title 11, the 
        United States Code, is amended by striking ``(other than 
        subsection (q) of such section)'' after ``section 363''.
    (b) Inapplicability of Chapter 15.--Section 1501(c) of title 11, 
the United States Code, is amended--
            (1) in paragraph (2) by striking ``or'' at the end,
            (2) in paragraph (3) by striking the period at the end and 
        inserting ``; or'', and
            (3) by adding at the end the following:
            ``(4) an entity that is liable for a claim arising under 
        any law from an incident (as defined in section 1001 of the Oil 
        Pollution Act of 1990) to which such Act applies.''.

SEC. 8. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date of enactment of this Act and shall apply to cases pending on 
or after such date.
                                 <all>