I 

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. SA ́NCHEZ

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. 

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 ‘‘Securing Protections 

5 for the Injured from Limitations on Liability Act’’. 


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

2 The Death on the High Seas Act (chapter 303 of title 

3 46, United States Code), is amended— 

4 (1) in section 30302— 

5 (A) by inserting ‘‘or law’’ after ‘‘admi6 ralty’’; 

7 (B) by striking ‘‘3 nautical miles’’ and in8 serting ‘‘12 nautical miles’’; 

9 (C) by striking ‘‘personal representative of 

10 the decedent’’ and inserting ‘‘decedent’s spouse, 

11 parent, child, or dependent relative’’; and 

12 (D) by striking the last sentence; 

13 (2) in section 30303— 

14 (A) by inserting ‘‘and nonpecuniary loss’’ 

15 after ‘‘pecuniary loss’’; 

16 (B) by striking ‘‘by’’ and all that follows 

17 through the end, and inserting ‘‘, plus a fair 

18 compensation for the decedent’s pain and suf19 fering.’’; and 

20 (C) by adding at the end the following: ‘‘In 

21 this section, the term ‘nonpecuniary loss’ means 

22 loss of care, comfort, and companionship.’’; 

23 (3) in section 30305— 

24 (A) by inserting ‘‘or law’’ after ‘‘admi25 ralty’’; and 


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1 (B) by striking ‘‘personal representative of 

2 the decedent may be substituted as the plain3 tiff’’ and inserting ‘‘the decedent’s spouse, par4 ent, child, or dependent relative may be sub5 stituted as a plaintiff’’; 

6 (4) in section 30306, by inserting ‘‘or law’’ 

7 after ‘‘admiralty’’; 

8 (5) by striking section 30307, and redesig9 nating section 30308 as section 30307; 

10 (6) in section 30307, as so redesignated, by 

11 amending subsection (b) to read as follows: 

12 ‘‘(b) INTERNAL AND TERRITORIAL WATERS.—This 

13 chapter does not apply to the Great Lakes or waters with14 in the territorial limits of a State that do not exceed 12 

15 nautical miles from the shore of the United States.’’; and 

16 (7) in the table of sections at the beginning of 

17 such chapter, by striking the items relating to sec18 tions 30307 and 30308 and inserting the following: 

‘‘30307. Nonapplication.’’. 

19 SEC. 3. AMENDMENT TO JONES ACT. 

20 Section 30104 of title 46, United States Code, is 

21 amended by adding at the end the following: ‘‘In addition 

22 to other amounts authorized under such laws, the recovery 

23 for a seaman who so dies shall include recovery for loss 

24 of care, comfort, and companionship.’’. 


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1 SEC. 4. REPEAL OF LIMITATION OF LIABILITY ACT. 

2 Chapter 305 of title 46, United States Code, is 

3 amended by repealing sections 30505, 30506, 30507, 

4 30511, and 30512. 

5 SEC. 5. AMENDMENT TO CLASS ACTION FAIRNESS ACT. 

6 Title 28, United States Code, is amended— 

7 (1) in section 1711(2), by inserting ‘‘, but does 

8 not include an action brought by a State or subdivi9 sion of a State on behalf of its citizens’’ before the 

10 period; and 

11 (2) in section 1332(d)(1)(B), by inserting ‘‘, 

12 but does not include an action brought by a State 

13 or subdivision of a State on behalf of its citizens’’ 

14 before the semicolon. 

15 SEC. 6. UNENFORCEABILITY OF CERTAIN SECRECY AGREE16 MENTS. 

17 (a) IN GENERAL.—Subject to subsection (b), an 

18 agreement, promise, or directive to restrict the dissemina19 tion of information regarding the cause of a discharge into 

20 waters off the shore of the United States of a substance 

21 that contaminates a marine or coastal environment or en22 dangers public health, regarding the nature or extent of 

23 such a discharge, regarding the damage caused or threat24 ened by such a discharge, or regarding the efforts to reme25 diate the effects of such a discharge, shall be void as 


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1 against public policy and unenforceable in any legal pro2 ceeding. 

3 (b) EXCEPTION.—Subsection (a) shall not apply with 

4 respect to a directive contained in a court order, or issued 

5 by a Government agency with authority to enforce such 

6 a directive in a court, restricting dissemination of informa7 tion as necessary to protect public health or safety. 

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

9 CODE. 

10 (a) LIMITATION ON SALE OR LEASE OF CERTAIN

11 PROPERTY IN BANKRUPTCY.— 

12 (1) LIMITATION.—Section 363 of title 11, the 

13 United States Code, is amended by adding at the 

14 end the following: 

15 ‘‘(q) Notwithstanding any other provision of this sec16 tion, the trustee may not sell or lease, other than in the 

17 ordinary course of business, property of the estate of a 

18 debtor that is liable for a claim arising under any law from 

19 an incident (as defined in section 1001 of the Oil Pollution 

20 Act of 1990) to which such Act applies, to a purchaser 

21 (together with any affiliate of such purchaser) in an aggre22 gate dollar amount exceeding the dollar amount then in 

23 effect under section 7A(a) of the Clayton Act unless— 

24 ‘‘(1) such purchaser and any such affiliate 

25 agree as a condition of such sale to pay the amount 


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1 of allowed unsecured claims arising from such inci2 dent that is not paid by the debtor; or 

3 ‘‘(2) all classes of such unsecured claims ap4 prove the sale of such assets.’’. 

5 (2) CONFORMING AMENDMENT.—Section 303(f) 

6 of title 11, the United States Code, is amended by 

7 striking ‘‘(other than subsection (q) of such sec8 tion)’’ after ‘‘section 363’’. 

9 (b) INAPPLICABILITY OF CHAPTER 15.—Section 

10 1501(c) of title 11, the United States Code, is amended— 

11 (1) in paragraph (2) by striking ‘‘or’’ at the 

12 end, 

13 (2) in paragraph (3) by striking the period at 

14 the end and inserting ‘‘; or’’, and 

15 (3) by adding at the end the following: 

16 ‘‘(4) an entity that is liable for a claim arising 

17 under any law from an incident (as defined in sec18 tion 1001 of the Oil Pollution Act of 1990) to which 

19 such Act applies.’’. 

20 SEC. 8. EFFECTIVE DATE. 

21 This Act and the amendments made by this Act shall 

22 take effect on the date of enactment of this Act and shall 

23 apply to cases pending on or after such date. 

Æ 


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