Fairness for Fallen Sailors Act

Bill: 117-hr-5584
Sponsor: full_name: Rep. Escobar, Veronica [D-TX-16]
Introduced: 2021-10-15
Policy area: Transportation and Public Works
Subjects: Law
Latest action: action_date: 2022-11-01
text: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Summaries:
action_date: 2021-10-15
action_desc: Introduced in House
text: <p><strong>Fairness for Fallen Sailors Act</strong></p> <p>This bill revises federal law relating to individuals who die from an accident on the high seas. </p> <p>The bill amends current law to allow the personal representative of the estate of an individual whose death is caused by wrongful act, neglect, or default occurring on the high seas beyond three nautical miles from the shore of the United States, to bring a civil action in admiralty or in law against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent's estate.</p> <p>The recovery in an action shall be fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is brought (currently), the pre-death pain and suffering of the decedent, and non-pecuniary damages for the loss of care, comfort, and companionship of a family member of a decedent. </p> <p>In an action related to death resulting from an aviation accident (under current law, this provision applies to commercial aviation accidents) occurring on the high seas beyond 12 nautical miles from the shore of the United States, additional compensation is recoverable for nonpecuniary damages, but punitive damages are not recoverable.</p>

tv_txt: I 117th CONGRESS 1st Session H. R. 5584 IN THE HOUSE OF REPRESENTATIVES October 15, 2021 Ms. Escobar 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 person who dies from an accident on the high seas, and for other purposes.

1. Short title This Act may be cited as the Fairness for Fallen Sailors Act . 2. Amendments to Death on the High Seas Act (a) Cause of action Section 30302 of title 46, United States Code, is amended to read as follows: 30302. Cause of action When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent or the decedent’s estate may bring a civil action in admiralty or in law against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent’s spouse, parent, child, estate, or dependent relative. . (b) Amount and apportionment of recovery Section 30303 of title 46, United States Code, is amended by inserting , the pre-death pain and suffering of the decedent, and non-pecuniary damages for the loss of care, comfort, and companionship of a family member of a decedent after action is brought . (c) Aviation accidents Section 30307 of title 46, United States Code, is amended— (1) in the section heading by striking Commercial aviation and inserting Aviation ; and (2) by striking commercial each place it appears. (d) Conforming amendment The analysis for chapter 303 of title 46, United States Code, is amended by striking the item relating to section 30307 and inserting the following: 30307. Aviation accidents. .