text: 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.
target: 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 "nonpecuniary loss" 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.
feat_title: To revise laws regarding liability in certain civil actions arising from maritime incidents, and for other purposes.