S. 4111 — Introduced in Senate

II 116th CONGRESS 2d Session S. 4111 IN THE SENATE OF THE UNITED STATES June 30, 2020Ms. 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. 1. Short title This Act may be cited as the Fairness for Families of Fallen Sailors Act. 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: 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. .