Fairness for Families of Fallen Sailors Act

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6277 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 6277

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 an accident on 
                 the high seas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2020

 Ms. Escobar (for herself and Mr. Rodney Davis of Illinois) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 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 an accident 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. AMENDMENTS TO TITLE 46.

    (a) Short Title.--This Act may be cited as the ``Fairness for 
Families of Fallen Sailors Act''.
    (b) 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 an accident 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 an accident 
occurring on the high seas beyond 12 nautical miles from the shore of 
the United States while the decedent was serving aboard 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) Effective Date.--The amendments made by subsections (a), (b), 
(c), and (d) shall apply to any death occurring after January 1, 2017.
    ``(e) Government Immunity.--Nothing in this Act shall be construed 
to affect any existing laws or doctrines establishing governmental 
immunity from tort-based claims.''.
    (c) 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 an accident on the 
                            high seas.''.
                                 <all>