1. Short title
This Act may be cited as the “Fairness for Families of Fallen Sailors Act”.
Fairness for Families of Fallen Sailors Act
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.
2. Amendments to title 46
In general— Chapter 303 of title 46, United States Code, is amended—
by redesignating section 30308 as section 30309; and
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.”
Clerical amendment— The analysis at the beginning of such chapter is amended—
by redesignating the item relating to section 30308 as the item relating to section 30309; and
by inserting after the item relating to section 30307 the following: