Text: H.R.5503 — 111th Congress (2009-2010)

Bill text available as:

Shown Here:
Referred in Senate (07/13/2010)


Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF or HTML/XML.




[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 5503 Referred in Senate (RFS)]

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.

    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. IMPROVEMENTS TO RECOVERY UNDER 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''; 
                and
                    (B) by inserting before ``spouse'' the following: 
                ``survivors, including'';
            (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
            (6) in the table of sections at the beginning of such 
        chapter, by striking the item relating to sections 30307.

SEC. 3. IMPROVEMENTS TO RECOVERY UNDER 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.

    (a) Repeal.--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.
    (b) Conforming Amendments.--
            (1) Oil pollution act of 1990.--Section 1018 of the Oil 
        Pollution Act of 1990 (33 U.S.C. 2718) is amended--
                    (A) in subsection (a), by striking ``or the Act of 
                March 3, 1851''; and
                    (B) in subsection (c), by striking ``, the Act of 
                March 3, 1851 (46 U.S.C. 183 et seq.),''.
            (2) Title 46.--Section 14305(a) of title 46, United States 
        Code, is amended by striking paragraph (5) and redesignating 
        the subsequent paragraphs as paragraphs (5) through (14), 
        respectively.

SEC. 5. BANKRUPTCY PROTECTION FOR TORT CLAIMS ARISING FROM OIL 
              INCIDENTS.

    (a) Conditions on Sale or Lease of Significant Property of the 
Estate.--
            (1) In general.--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 for wrongful death, personal 
injury, or property damage 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, other 
than in the ordinary course of business, significant property of the 
estate (or, to the extent that the court has jurisdiction over any 
affiliate of the debtor, significant property of such affiliate) 
unless--
            ``(1) creditors holding at least two-thirds in amount, and 
        more than one-half in number, of all such claims not paid by 
        the debtor consent to such sale or lease; or
            ``(2) the court finds, after notice and a hearing, that--
                    ``(A) sufficient property will remain in the 
                estate; or
                    ``(B) the debtor's anticipated future income will 
                be sufficient;
        that all such claims will be paid in full.''.
            (2)  Under plan of reorganization.--Section 
        1129(b)(2)(B)(ii) of title 11, United States Code, is amended--
                    (A) by inserting ``(other than the holder of a 
                claim described in subclause (II))'' after ``claim'' 
                the 1st place it appears;
                    (B) by inserting ``(I)'' after ``(ii)'';
                    (C) by striking the period at the end and inserting 
                ``; and''; and
                    (D) by adding at the end the following:
                    ``(II) if the plan provides for claims of the kind 
                described in section 363(q) and provides for a sale or 
                lease of significant property of the estate, creditors 
                holding at least two-thirds in amount, and more than 
                one-half in number, of such claims consent to such sale 
                or lease.''.
    (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 for wrongful death, 
personal injury, or property damage 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, other than in the ordinary course of business, significant 
property of the estate (or, to the extent that the court has or can 
obtain jurisdiction over any affiliate of the debtor, significant 
property of such affiliate) unless--
            ``(1) creditors holding at least two-thirds in amount, and 
        more than one-half in number, of all such claims not paid by 
        the debtor consent to such sale or lease; or
            ``(2) the court finds, after notice and a hearing, that--
                    ``(A) sufficient property will remain in the 
                estate; or
                    ``(B) the debtor's anticipated future income will 
                be sufficient;
        that all such claims will be paid in full.''.

SEC. 6. 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 with respect to 
claims arising on or after April 20, 2010, that are pending on or after 
such date of enactment.

            Passed the House of Representatives July 1, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.