[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