Pub. L. 106-181, tit. IV, sec. 404
DEATH ON THE HIGH SEAS.
SEC. 404. DEATH ON THE HIGH SEAS. (a) Right of Action in Commercial Aviation Accidents.—The first section of the Act of March 30, 1920 (46 U.S.C. App. 761; popularly known as the “Death on the High Seas Act”) is amended— (1) by inserting “(a) subject to subsection (b),” before “whenever”; and (2) by adding at the end the following: “(b) In the case of a commercial aviation accident, whenever the death of a person shall be caused by wrongful act, neglect, or default occurring on the high seas 12 nautical miles or closer to the shore of any State, or the District of Columbia, or the Territories or dependencies of the United States, this Act shall not apply and the rules applicable under Federal, State, and other appropriate law shall apply.”. (b) Compensation in Commercial Aviation Accidents.— Section 2 of such Act (46 U.S.C. App. 762) is amended— (1) by inserting “(a)” before “the recovery”; and (2) by adding at the end the following: “(b)(1) If the death resulted from a commercial aviation accident occurring on the high seas beyond 12 nautical miles from the shore of any State, or the District of Columbia, or the Territories or dependencies of the United States, additional compensation for nonpecuniary damages for wrongful death of a decedent is recoverable. Punitive damages are not recoverable. “(2) In this subsection, the term ‘nonpecuniary damages’ means damages for loss of care, comfort, and companionship.”. (c) Effective Date.—The amendments made by subsections (a) and (b) shall apply to any death occurring after July 16, 1996.