H.R. 5503 – Reading Mode

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.

Short title

This Act may be cited as the Securing Protections for the Injured from Limitations on Liability Act.

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.

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.

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.

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.

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.

Lorraine C. Miller,

Clerk.