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Revises the federal statutory definitions used in maritime law by replacing the current language of 46 U.S.C. 30307(a). It establishes a new, four-part definition of “cruise ship” (capacity, sleeping facilities, U.S. embark/disembark requirement, and exclusion of coastwise voyages) and adds a definition for “nonpecuniary damages.” The change also updates related subsection language and the title 46 table of sections, which will affect how existing liability and damages provisions apply to vessels that meet (or do not meet) the new definition.
Amend the section heading of 46 U.S.C. 30307 by striking the existing heading and inserting new text (the exact replacement text is not shown in the excerpt).
Strike existing subsection (a) of 46 U.S.C. 30307 and insert a new subsection (a) titled “Definitions.” The new subsection (a) explicitly defines two terms: (1) “cruise ship” and (2) “nonpecuniary damages.”
Define “cruise ship” to mean a passenger vessel (excluding a U.S. Government-operated vessel and a vessel owned and operated by a State) that: (A) is authorized to carry at least 250 passengers; (B) has onboard sleeping facilities for each passenger; (C) is on a voyage that embarks or disembarks passengers in the United States; and (D) is not engaged on a coastwise voyage.
Define “nonpecuniary damages” to mean damages for loss of care, comfort, and companionship.
Amend subsection (b) of 46 U.S.C. 30307 by inserting text after an indicated point (the inserted text is not shown in the excerpt).
Who is affected and how:
Cruise lines and vessel operators: The new four-part "cruise ship" definition determines which vessels are treated as cruise ships under this statutory provision. Vessels that meet the explicit criteria will be subject to rules tied to that designation; vessels that fail one or more criteria may be excluded. That can change legal exposure, regulatory coverage, and classification for operators.
Passengers and prospective claimants: Clarifying what counts as a cruise ship and explicitly defining "nonpecuniary damages" will affect whether passengers injured or harmed aboard a particular vessel can invoke protections, liability limits, or remedies tied to this provision, and how courts assess compensation for non-monetary harms.
Maritime insurers and defense counsel: Insurers and lawyers will need to review underwriting, policies, and litigation strategies to account for the tighter statutory definitions and the potential shift in which vessels qualify as cruise ships and how nonpecuniary claims are characterized.
Federal courts and tribunals: Judges will apply the new statutory definitions when determining the statute’s applicability in cases, potentially leading to new jurisdictional or threshold issues (e.g., whether a given voyage embarks/disembarks in the U.S.).
Ports and U.S. embarkation/disembarkation points: Because the definition requires U.S. embark/disembark, voyages involving U.S. ports may be more clearly captured, which could affect regulatory compliance or reporting expectations for voyages that touch U.S. ports.
Overall effect: The change is primarily definitional and legal in nature; it will shift how existing liability and damages rules apply rather than creating new regulatory programs or funding mandates. The most immediate consequences will be in litigation, insurance coverage, and vessel classification.
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Referred to the House Committee on the Judiciary.
Introduced April 17, 2025 by Donald J. Bacon · Last progress April 17, 2025
Hammers' Law
Referred to the House Committee on the Judiciary.
Introduced in House