IB 
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. 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 consider-
ation 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 Cali-
fornia, Mr. MAFFEI, Ms. MATSUI, Mr. BACA, Mr. THOMPSON of Mis-
sissippi, 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] 
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A BILL 
To revise laws regarding liability in certain civil actions 
arising from maritime incidents, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 ‘‘admi-
ralty’’; 
(B) by striking ‘‘3 nautical miles’’ and in-
serting ‘‘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 suf-
fering.’’; and 
(C) by adding at the end the following: ‘‘In 
this section, the term ‘nonpecuniary loss’ means 
loss of care, comfort, and companionship.’’; 
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(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 
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(2) by striking section 30105 and the item relat-
ing to that section in the table of sections at the be-
ginning of chapter 301. 
SEC. 4. REPEAL OF LIMITATION OF LIABILITY ACT. 
Chapter 305 of title 46, United States Code, is amend-
ed 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 subdivi-
sion of a State on behalf of its citizens’’ before the pe-
riod; 
(2) in section 1332(d)(1)(B), by inserting ‘‘, but 
does not include an action brought by a State or sub-
division 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 sub-
clause (IV) and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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‘‘(V) the claims are made by a State or subdivi-
sion of a State on behalf of its citizens.’’. 
SEC. 6. UNENFORCEABILITY OF CERTAIN SECRECY AGREE-
MENTS. 
(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. 
‘‘§ 4101. Unenforceability of certain secrecy agree-
ments 
‘‘(a) IN GENERAL.—Subject to subsection (b), an 
agreement, promise, or directive to restrict the dissemina-
tion 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 endan-
gers 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 author-
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ity 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 en-
forcement of a directive or order described in 
paragraph (1) unless the proponent of the direc-
tive or order proves by clear and convincing evi-
dence 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 find-
ings and conclusions of law relating to that en-
forcement on the record.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters for 
part VI of title 28, United States Code, is amended by add-
ing 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 BANK-
RUPTCY.— 
(1) LIMITATION ON SALE OR LEASE OF CERTAIN 
PROPERTY IN BANKRUPTCY.—Section 363 of title 11, 
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United States Code, is amended by adding at the end 
the following: 
‘‘(q) Notwithstanding any other provision of this sec-
tion, if the debtor is liable under any law for a claim aris-
ing 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 substan-
tially all property of the estate of the debtor (or, to the ex-
tent 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.—Sec-
tion 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: 
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‘‘(iii) that includes claims of the kind de-
scribed in section 363(q), if the plan provides for 
a sale or lease of all or substantially all of prop-
erty of the estate, the plan requires the entity 
that acquires such property (including any affil-
iate 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 credi-
tors 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 li-
ability 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 affil-
iate of such entity) assumes the obligation to pay the 
amount of allowed unsecured claims arising from such inci-
dent that is not paid by the debtor, or creditors holding 
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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. 
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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 ac-
tions 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 dis-
charged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be 
printed 
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