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

                                                 Union Calendar No. 296
111th CONGRESS
  2d Session
                                H. R. 5503

                      [Report No. 111-521, Part I]

  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

                             June 30, 2010

     Reported from the Committee on the Judiciary with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             June 30, 2010

   Additional sponsors: Mr. Gutierrez, Mr. Hinchey, Mr. Quigley, Mr. 
 Connolly of Virginia, Mr. Berman, Ms. Loretta Sanchez of California, 
  Mr. Maffei, Ms. Matsui, Mr. Baca, Mr. Thompson of Mississippi, Mr. 
       Holt, Mr. Payne, Mrs. Maloney, Mr. Sherman, and Ms. Hirono

                             June 30, 2010

  Committee on Transportation and Infrastructure discharged; committed 
   to the Committee of the Whole House on the State of the Union and 
                         ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on June 
                               10, 2010]

_______________________________________________________________________

                                 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''; and
                    (C) 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 by inserting ``or law'' after 
        ``admiralty'';
            (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 waters of 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. In such waters, the rules applicable under 
Federal, State, maritime, and other appropriate law shall apply.''; 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. AMENDMENTS TO JONES ACT.

    Title 46, United States Code, is amended--
            (1) in section 30104, 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.''; and
            (2) by striking section 30105 and the item relating to that 
        section in the table of sections at the beginning of chapter 
        301.

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 and the items 
relating to those sections in the table of sections at the beginning of 
chapter 305.

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;
            (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; and
            (3) in section 1332(d)(11)(B)(ii)--
                    (A) by striking ``or'' at the end of subclause 
                (III);
                    (B) by striking the period at the end of subclause 
                (IV) and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(V) the claims are made by a State or subdivision of a 
        State on behalf of its citizens.''.

SEC. 6. UNENFORCEABILITY OF CERTAIN SECRECY AGREEMENTS.

    (a) In General.--Part VI of title 28, United States Code, is 
amended by adding at the end the following:

     ``CHAPTER 181--UNENFORCEABILITY OF CERTAIN SECRECY AGREEMENTS

``Sec.
``4101. Unenforceability of certain secrecy agreements.
``Sec. 4101. 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.--
            ``(1) Generally.--Subsection (a) does 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.
            ``(2) Procedure relating to exception.--
                    ``(A) A court shall not grant judicial enforcement 
                of a directive or order described in paragraph (1) 
                unless the proponent of the directive or order proves 
                by clear and convincing evidence that such enforcement 
                is permitted under paragraph (1).
                    ``(B) If a court grants judicial enforcement of any 
                directive or order described in paragraph (1), the 
                court shall state the court's factual findings and 
                conclusions of law relating to that enforcement on the 
                record.''.
    (b) Clerical Amendment.--The table of chapters for part VI of title 
28, United States Code, is amended by adding at the end the following 
new item:

``181. Unenforceability of Certain Secrecy Agreements.......    4101''.

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

    (a) Treatment of Certain Property in Bankruptcy.--
            (1) Limitation on sale or lease of certain property in 
        bankruptcy.--Section 363 of title 11, United States Code, is 
        amended by adding at the end the following:
    ``(q) Notwithstanding any other provision of this section, if the 
debtor is liable under any law for a claim arising from an incident (as 
defined in section 1001 of the Oil Pollution Act of 1990, and that 
gives rise to liability under such Act), the trustee may not sell or 
lease all or substantially all property of the estate of the debtor 
(or, to the extent that the court has or can obtain jurisdiction over 
any affiliate of the debtor, property of such affiliate) unless the 
entity that acquires such property (including any affiliate of such 
entity) assumes the obligation to pay the amount of allowed unsecured 
claims arising from such incident that is not paid by the debtor, or 
unless creditors holding at least two-thirds in amount, and more than 
one-half in number, of such claims consent to different treatment.''.
            (2) Limitation on treatment of certain property under a 
        plan of reorganization.--Section 1129(b)(2)(B) of title 11, 
        United States Code, is amended--
                    (A) in clause (i) by striking ``or'' at the end;
                    (B) in clause (ii) by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(iii) that includes claims of the kind described 
                in section 363(q), if the plan provides for a sale or 
                lease of all or substantially all of property of the 
                estate, the plan requires the entity that acquires such 
                property (including any affiliate of such entity) to 
                assume the obligation to pay the amount of allowed 
                unsecured claims arising from an incident described in 
                section 363(q) that is not paid by the debtor, or 
                creditors holding at least two-thirds in amount, and 
                more than one-half in number, of such claims consent to 
                different treatment.''.
    (b) Conforming Amendment.--Section 303(f) of title 11, United 
States Code, is amended by adding at the end the following: ``If the 
debtor is liable under any law for a claim arising from an incident (as 
defined in section 1001 of the Oil Pollution Act of 1990, and that 
gives rise to liability under such Act), the debtor may not sell or 
lease all or substantially all property of the debtor (or, to the 
extent that the court has or can obtain jurisdiction over any affiliate 
of the debtor, property of such affiliate) unless the entity that 
acquires such property (including any affiliate of such entity) assumes 
the obligation to pay the amount of allowed unsecured claims arising 
from such incident that is not paid by the debtor, or creditors holding 
at least two-thirds in amount, and more than one-half in number, of 
such claims consent to different treatment.''.

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.
                                                 Union Calendar No. 296

111th CONGRESS

  2d Session

                               H. R. 5503

                      [Report No. 111-521, Part I]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 30, 2010

     Reported from the Committee on the Judiciary with an amendment

                             June 30, 2010

  Committee on Transportation and Infrastructure discharged; committed 
   to the Committee of the Whole House on the State of the Union and 
                         ordered to be printed
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