Securing Protections for the Injured from Limitations on Liability Act

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Mr. NADLER of New York. Madam Speaker, I rise in support of H.R. 5503, the Securing Protections for the Injured from Limitations on Liability (SPILL) Act.

Two months ago, the Deepwater Horizon oil platform exploded in the Gulf of Mexico. That tragedy cost the lives of eleven people and injured at least seventeen others, dealing a horrific blow to the lives of their loved ones, family members, and friends. The explosion and subsequent oil spill devastated the entire Gulf area and continues each day to wreak havoc on the way of life and environment of the region. Congress must act to address this disaster and in the coming weeks, we will.

Today, the House is considering H.R. 5503. This legislation, which I worked on in the Judiciary Committee, addresses problems that have come to light as a result of the explosion in the Gulf of Mexico.

The bill would provide long-overdue rights to the survivors of those killed off our shores, including allowing recovery for non-economic damages. It also would repeal an antiquated law which could have shielded Transocean from its true liability in this disaster. The big corporations like Transocean and BP, whose malfeasance caused this disaster, must not be able to elude their true responsibility.

I want to thank Chairman CONYERS for his work on the bankruptcy provisions of this bill as well. The rights of individuals, small businesses, and communities injured by this catastrophic act of corporate wrongdoing must be protected, and this bill reflects that concern. We also must make sure that we protect those rights in a way that does not destroy the rights of other parties, including employees, retirees, and small businesses who are also owed money by the polluter, that preserves going concern value, and that does not shelter entrenched management. The modified language reflects the ongoing effort to address these important concerns, and I look forward to working with the Chairman to perfect these protections.

I do want to say, however, that I am disappointed with a few changes that have been made since the bill passed the Judiciary Committee. A provision to deny the enforceability of ``gag orders'' that reportedly were being used by BP has been removed. Such secrecy agreements only serve to deny the public access to necessary information. And, a common sense change to the Class Action Fairness Act to ensure states could pursue actions on behalf of their own citizens in state court was stripped as well.

Despite these changes, this bill represents needed reforms to compensate, as much as possible, those injured and the families of those killed in this disaster and similar events in the future. I want to applaud Chairman CONYERS for his leadership in pushing H.R. 5503 forward. I urge all Members to support it.

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