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II
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 mem-
ber who dies from a collision on the high seas, and
for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Fairness for Families
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of Fallen Sailors Act’’.
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SEC. 2. AMENDMENTS TO TITLE 46.
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(a) IN GENERAL.—Chapter 303 of title 46, United
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States Code, is amended—
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•S 4111 IS
(1) by redesignating section 30308 as section
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30309; and
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(2) by inserting after section 30307 the fol-
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lowing:
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‘‘§ 30308. Death of a member of the Armed Forces
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from a collision on the high seas.
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‘‘(a) DEFINITION.—In this section, the term ‘non-
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pecuniary damages’ means damages for loss of care, com-
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fort, or companionship.
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‘‘(b) MILITARY SERVICE MEMBERS.—In an action
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under this chapter, if the death of a member of the Armed
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Forces resulted from a collision occurring on the high seas
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beyond 12 nautical miles from the shore of the United
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States while the decedent was serving physically on board
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a United States military vessel, the personal representa-
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tive of the decedent may bring a civil action in admiralty
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or at law against the person or vessel responsible. The ac-
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tion shall be for the exclusive benefit of the decedent’s
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spouse, parent, child, dependent relative, or estate. Com-
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pensation is recoverable for nonpecuniary and pecuniary
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damages.
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‘‘(c) JURY TRIAL.—A claim under this section may
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be tried with a jury.
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‘‘(d) GOVERNING LAW.—In an action under this sec-
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tion, the maritime law of the United States shall apply.
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•S 4111 IS
‘‘(e) EFFECTIVE DATE.—This section shall apply to
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any death occurring after January 1, 2017.
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‘‘(f) GOVERNMENT IMMUNITY.—Nothing in this Act
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shall be construed to affect any existing laws or doctrines
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establishing governmental immunity from tort-based
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claims.’’.
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(b) CLERICAL AMENDMENT.—The analysis at the be-
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ginning of such chapter is amended—
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(1) by redesignating the item relating to section
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30308 as the item relating to section 30309; and
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(2) by inserting after the item relating to sec-
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tion 30307 the following:
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‘‘30308. Death of a member of the Armed Forces from a collision on the high
seas.’’.
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