IIB 

111TH CONGRESS 

2D SESSION H. R. 5503 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2010 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securing Protections 

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

4 SEC. 2. IMPROVEMENTS TO RECOVERY UNDER DEATH ON 

5 THE HIGH SEAS ACT. 

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

7 46, United States Code), is amended— 

8 (1) in section 30302— 

9 (A) by inserting ‘‘or law’’ after ‘‘admi10 ralty’’; and 

11 (B) by inserting before ‘‘spouse’’ the fol12 lowing: ‘‘survivors, including’’; 

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 by inserting ‘‘or law’’ after 

24 ‘‘admiralty’’; 

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

26 after ‘‘admiralty’’; 


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1 (5) by striking section 30307; and 

2 (6) in the table of sections at the beginning of 

3 such chapter, by striking the item relating to sec4 tions 30307. 

5 SEC. 3. IMPROVEMENTS TO RECOVERY UNDER JONES ACT. 

6 Title 46, United States Code, is amended— 

7 (1) in section 30104, by adding at the end the 

8 following: ‘‘In addition to other amounts authorized 

9 under such laws, the recovery for a seaman who so 

10 dies shall include recovery for loss of care, comfort, 

11 and companionship.’’; and 

12 (2) by striking section 30105 and the item re13 lating to that section in the table of sections at the 

14 beginning of chapter 301. 

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

16 (a) REPEAL.—Chapter 305 of title 46, United States 

17 Code, is amended by repealing sections 30505, 30506, 

18 30507, 30511, and 30512 and the items relating to those 

19 sections in the table of sections at the beginning of chapter 

20 305. 

21 (b) CONFORMING AMENDMENTS.— 

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

23 1018 of the Oil Pollution Act of 1990 (33 U.S.C. 

24 2718) is amended— 


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1 (A) in subsection (a), by striking ‘‘or the 

2 Act of March 3, 1851’’; and 

3 (B) in subsection (c), by striking ‘‘, the 

4 Act of March 3, 1851 (46 U.S.C. 183 et 

5 seq.),’’. 

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

7 United States Code, is amended by striking para8 graph (5) and redesignating the subsequent para9 graphs as paragraphs (5) through (14), respectively. 

10 SEC. 5. BANKRUPTCY PROTECTION FOR TORT CLAIMS 

11 ARISING FROM OIL INCIDENTS. 

12 (a) CONDITIONS ON SALE OR LEASE OF SIGNIFICANT

13 PROPERTY OF THE ESTATE.— 

14 (1) IN GENERAL.—Section 363 of title 11, 

15 United States Code, is amended by adding at the 

16 end the following: 

17 ‘‘(q) Notwithstanding any other provision of this sec18 tion, if the debtor is liable under any law for a claim for 

19 wrongful death, personal injury, or property damage aris20 ing from an incident (as defined in section 1001 of the 

21 Oil Pollution Act of 1990, and that gives rise to liability 

22 under such Act), the trustee may not sell or lease, other 

23 than in the ordinary course of business, significant prop24 erty of the estate (or, to the extent that the court has 


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1 jurisdiction over any affiliate of the debtor, significant 

2 property of such affiliate) unless— 

3 ‘‘(1) creditors holding at least two-thirds in 

4 amount, and more than one-half in number, of all 

5 such claims not paid by the debtor consent to such 

6 sale or lease; or 

7 ‘‘(2) the court finds, after notice and a hearing, 

8 that— 

9 ‘‘(A) sufficient property will remain in the 

10 estate; or 

11 ‘‘(B) the debtor’s anticipated future in12 come will be sufficient; 

13 that all such claims will be paid in full.’’. 

14 (2) UNDER PLAN OF REORGANIZATION.—Sec15 tion 1129(b)(2)(B)(ii) of title 11, United States 

16 Code, is amended— 

17 (A) by inserting ‘‘(other than the holder of 

18 a claim described in subclause (II))’’ after 

19 ‘‘claim’’ the 1st place it appears; 

20 (B) by inserting ‘‘(I)’’ after ‘‘(ii)’’; 

21 (C) by striking the period at the end and 

22 inserting ‘‘; and’’; and 

23 (D) by adding at the end the following: 

24 ‘‘(II) if the plan provides for claims of the 

25 kind described in section 363(q) and provides 


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1 for a sale or lease of significant property of the 

2 estate, creditors holding at least two-thirds in 

3 amount, and more than one-half in number, of 

4 such claims consent to such sale or lease.’’. 

5 (b) CONFORMING AMENDMENT.—Section 303(f) of 

6 title 11, United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘If the debtor is liable under any law for a claim for 

9 wrongful death, personal injury, or property damage aris10 ing from an incident (as defined in section 1001 of the 

11 Oil Pollution Act of 1990, and that gives rise to liability 

12 under such Act), the debtor may not sell or lease, other 

13 than in the ordinary course of business, significant prop14 erty of the estate (or, to the extent that the court has 

15 or can obtain jurisdiction over any affiliate of the debtor, 

16 significant property of such affiliate) unless— 

17 ‘‘(1) creditors holding at least two-thirds in 

18 amount, and more than one-half in number, of all 

19 such claims not paid by the debtor consent to such 

20 sale or lease; or 

21 ‘‘(2) the court finds, after notice and a hearing, 

22 that— 

23 ‘‘(A) sufficient property will remain in the 

24 estate; or 


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1 ‘‘(B) the debtor’s anticipated future in2 come will be sufficient; 

3 that all such claims will be paid in full.’’. 

4 SEC. 6. EFFECTIVE DATE. 

5 This Act and the amendments made by this Act shall 

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

7 apply with respect to claims arising on or after April 20, 

8 2010, that are pending on or after such date of enactment. 

Passed the House of Representatives July 1, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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