Securing Protections for the Injured from Limitations on Liability Act

Bill: 111-hr-5503
Sponsor: Rep. Conyers, John, Jr. [D-MI-14]
Introduced: 2010-06-10 in the House
Policy area: Transportation and Public Works
Subjects: Accidents
Bankruptcy
Business records
Civil actions and liability
Corporate finance and management
Environmental health
Marine and coastal resources, fisheries
Marine and inland water transportation
Marine pollution
Oil and gas
Transportation employees
Transportation safety and security
Worker safety and health

Summary:
action_date: 2010-06-10
text: 
Securing Protections for the Injured from Limitations on Liability Act - Amends the Death on the High Seas Act to permit a decedent's spouse, parent, child, or dependent relative (the decedent's personal representative under current law) to bring a civil action in admiralty or law (limited to admiralty under current law) against the person or vessel responsible for the decedent's death when the death was caused by wrongful act, neglect, or default occurring on the high seas beyond 12 nautical miles (3 nautical miles under current law) from the shore of the United States.
 
Allows recovery in such an action for fair compensation for nonpecuniary loss (limited to pecuniary loss under current law), plus a fair compensation for the decedent's pain and suffering. Defines &quot;nonpecuniary loss&quot; as loss of care, comfort, and companionship.
 
 
Allows substitution of the decedent's spouse, parent, child, or dependent relative (personal representative under current law) as a plaintiff in an action for personal injury caused by wrongful act, neglect, or default under the Act, if the plaintiff dies during the action as a result of the wrongful act.
 
Amends the Jones Act to allow recovery for the loss of the care, comfort, and companionship of a seaman who died in the course of employment
 
Repeals specified general limitations on a shipowner's liability (the Limitation of Liability Act) for personal injury or death on seagoing vessels.
 
Amends the federal judicial code with respect to the right to remove class actions and mass actions to federal court (the Class Action Fairness Act of 2005) to deny such right with respect to any action brought by a state or a state subdivision in its own state court on behalf of its citizens.
 
Declares void and unenforceable any agreement, promise, or directive to restrict the dissemination of information (except by a government agency to protect public health or safety) regarding the cause, nature, or extent of, or damage caused by, or efforts to remediate any discharge into waters off the U.S. shore of a substance that contaminates a marine or coastal environment or endangers public health.
 
Amends the bankruptcy code to prohibit a trustee in bankruptcy from selling or leasing, except in the ordinary course of business, any property of the estate of a debtor that is liable for a claim arising from an incident under the Oil Pollution Act of 1990, to a purchaser (together with any affiliate) in an aggregate dollar amount exceeding a specified amount under the Clayton Act unless: (1) the purchaser (and affiliate) agree as a condition of the sale to pay the amount of allowed unsecured claims arising from the incident not paid by the debtor; or (2) all classes of unsecured claims approve the sale of such assets.

action_date: 2010-06-30
text: 
Securing Protections for the Injured from Limitations on Liability Act - (Sec. 2) Amends the Death on the High Seas Act to permit the personal representative of a decedent to bring a civil action in admiralty or law (limited to admiralty under current law) against the person or vessel responsible for the decedent's death when the death was caused by wrongful act, neglect, or default occurring on the high seas beyond 12 nautical miles (3 nautical miles under current law) from the shore of the United States. Repeals the limitation of the right to bring such an action to the decedent's spouse, parent, child, or dependent relative.
 
 
Allows recovery in such an action for fair compensation for nonpecuniary loss (limited to pecuniary loss under current law), plus a fair compensation for the decedent's pain and suffering. Defines &quot;nonpecuniary loss&quot; as loss of care, comfort, and companionship.
 
(Sec. 3) Amends the Jones Act to allow recovery for the loss of the care, comfort, and companionship of a seaman who died in the course of employment.
 
 Removes restrictions on the bringing of actions under U.S. maritime law by workers who are not U.S. citizens or permanent residents against a mineral or energy company for personal injury or death occurring in the territorial waters or continental shelf of a foreign country.
 
 
(Sec. 4) Repeals specified general limitations on a shipowner's liability (the Limitation of Liability Act) for personal injury or death on seagoing vessels.
 
(Sec. 5) Amends the federal judicial code with respect to the right to remove class actions and mass actions to federal court (the Class Action Fairness Act of 2005) to deny such right with respect to any action brought by a state or a state subdivision in its own state court on behalf of its citizens.
 
(Sec. 6) Declares void and unenforceable any agreement, promise, or directive to restrict the dissemination of information (except by a government agency to protect public health or safety) regarding the cause, nature, or extent of, or damage caused by, or efforts to remediate any discharge into waters off the U.S. shore of a substance that contaminates a marine or coastal environment or endangers public health.
 
(Sec. 7) Amends the bankruptcy code to prohibit a trustee in bankruptcy from selling or leasing to an entity any property of the estate of a debtor liable for a claim arising from an incident under the Oil Pollution Act of 1990, unless: (1) the entity (including any affiliate) assumes the obligation to pay the amount of allowed unsecured claims arising from the incident not paid by the debtor; or (2) more than one-half of the creditors, holding at least two-thirds the dollar aggregate amount of the claims, consent to different treatment.

action_date: 2010-07-01
text: 
Securing Protections for the Injured from Limitations on Liability Act - (Sec. 2) Amends the Death on the High Seas Act to permit the personal representative of a decedent to bring a civil action in admiralty or law (limited to admiralty under current law) against the person or vessel responsible for the decedent's death when the death was caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from the shore of the United States. Limits the right to bring such an action to the decedent's survivors only (including, as under current law, spouse, parent, child, or dependent relative).
 
 
Allows recovery in such an action for fair compensation for nonpecuniary loss (limited to pecuniary loss under current law), plus a fair compensation for the decedent's pain and suffering. Defines &quot;nonpecuniary loss&quot; as loss of care, comfort, and companionship.
 
(Sec. 3) Amends the Jones Act to allow recovery for the loss of the care, comfort, and companionship of a seaman who died in the course of employment.
 
 Removes restrictions on the bringing of actions under U.S. maritime law by workers who are not U.S. citizens or permanent residents against a mineral or energy company for personal injury or death occurring in the territorial waters or continental shelf of a foreign country.
 
(Sec. 4) Repeals specified general limitations on a shipowner's liability (the Limitation of Liability Act) for personal injury or death on seagoing vessels.
 
(Sec. 5) Amends the bankruptcy code to prohibit a trustee in bankruptcy from selling or leasing, except in the ordinary course of business, significant property of the estate of a debtor liable for a claim for wrongful death, personal injury, or property damage arising from an incident under the Oil Pollution Act of 1990 unless: (1) more than one-half of the creditors, holding at least two-thirds the dollar aggregate amount of the claims not paid by the debtor, consent to such sale or lease; or (2) the court finds, after notice and a hearing, that all such claims will be paid because sufficient property will remain in the estate or the debtor's anticipated future income will be sufficient.


Legislative actions:
action_date: 2010-07-13
text: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2010-07-01
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2010-07-01
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5330)
action_date: 2010-07-01
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H5330)
action_date: 2010-07-01
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 5503.
action_date: 2010-07-01
text: Considered under suspension of the rules. (consideration: CR H5330-5336)
action_date: 2010-07-01
text: Mr. Conyers moved to suspend the rules and pass the bill, as amended.
action_date: 2010-06-30
text: Placed on the Union Calendar, Calendar No. 296.
action_date: 2010-06-30
text: Committee on Transportation discharged.
action_date: 2010-06-30
text: Committee on Transportation discharged.
action_date: 2010-06-30
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 111-521, Part I.
action_date: 2010-06-30
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 111-521, Part I.
action_date: 2010-06-23
text: Ordered to be Reported (Amended) by the Yeas and Nays: 16 - 11.
action_date: 2010-06-23
text: Committee Consideration and Mark-up Session Held.
action_date: 2010-06-11
text: Referred to the Subcommittee on Coast Guard and Maritime Transportation.
action_date: 2010-06-11
text: Referred to the Subcommittee on Water Resources and Environment.
action_date: 2010-06-10
text: Referred to House Transportation and Infrastructure
action_date: 2010-06-10
text: 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.
action_date: 2010-06-10
text: Referred to House Judiciary
action_date: 2010-06-10
text: Introduced in House
action_date: 2010-06-10
text: Introduced in House