[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4111 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4111

To amend title 46, United States Code, to provide for a cause of action 
by the family of a military service member who dies from a collision on 
                 the high seas, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 30, 2020

  Ms. McSally introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 46, United States Code, to provide for a cause of action 
by the family of a military service member who dies from a collision on 
                 the high seas, 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 ``Fairness for Families of Fallen 
Sailors Act''.

SEC. 2. AMENDMENTS TO TITLE 46.

    (a) In General.--Chapter 303 of title 46, United States Code, is 
amended--
            (1) by redesignating section 30308 as section 30309; and
            (2) by inserting after section 30307 the following:
``Sec. 30308. Death of a member of the Armed Forces from a collision on 
              the high seas.
    ``(a) Definition.--In this section, the term `nonpecuniary damages' 
means damages for loss of care, comfort, or companionship.
    ``(b) Military Service Members.--In an action under this chapter, 
if the death of a member of the Armed Forces resulted from a collision 
occurring on the high seas beyond 12 nautical miles from the shore of 
the United States while the decedent was serving physically on board a 
United States military vessel, the personal representative of the 
decedent may bring a civil action in admiralty or at law against the 
person or vessel responsible. The action shall be for the exclusive 
benefit of the decedent's spouse, parent, child, dependent relative, or 
estate. Compensation is recoverable for nonpecuniary and pecuniary 
damages.
    ``(c) Jury Trial.--A claim under this section may be tried with a 
jury.
    ``(d) Governing Law.--In an action under this section, the maritime 
law of the United States shall apply.
    ``(e) Effective Date.--This section shall apply to any death 
occurring after January 1, 2017.
    ``(f) Government Immunity.--Nothing in this Act shall be construed 
to affect any existing laws or doctrines establishing governmental 
immunity from tort-based claims.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended--
            (1) by redesignating the item relating to section 30308 as 
        the item relating to section 30309; and
            (2) by inserting after the item relating to section 30307 
        the following:

``30308. Death of a member of the Armed Forces from a collision on the 
                            high seas.''.
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