[Congressional Record Volume 166, Number 119 (Monday, June 29, 2020)]
[Senate]
[Page S3691]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2236. Ms. McSALLY submitted an amendment intended to be proposed 
by her to the bill S. 4049, to authorize appropriations for fiscal year 
2021 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title X, add the following:

     SEC. ____. 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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