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Replaces the first subsection of 46 U.S.C. 30307 with a definitions subsection that (1) sets a specific four-part definition of “cruise ship” and (2) defines “nonpecuniary damages” as loss of care, comfort, and companionship. The change also updates the section heading, adjusts subsections (b) and (c), and updates the title 46 table of sections.
Amend the heading of 46 U.S.C. 30307 by striking the existing heading and inserting a new heading (text of new heading not shown in this section).
Define the term “cruise ship” to mean a passenger vessel (other than a United States Government-operated vessel or a State-owned-and-operated vessel) 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 the term “nonpecuniary damages” to mean damages for loss of care, comfort, and companionship.
Amend subsection (b) of 46 U.S.C. 30307 by inserting additional text after a specified point (the exact inserted text is not shown in this section).
Amend subsection (c) of 46 U.S.C. 30307 by inserting additional text after a specified point (the exact inserted text is not shown in this section).
Who is affected and how:
Cruise lines and vessel owners/operators: The statutory, four-part definition of "cruise ship" changes which vessels are legally treated as cruise ships under this provision. That can alter whether a particular vessel is subject to the rights, duties, or remedial rules tied to 46 U.S.C. 30307.
Passengers and families (claimants): Defining "nonpecuniary damages" as loss of care, comfort, and companionship clarifies the types of emotional or relational harms that are statutorily recognized. This may narrow or better specify what plaintiffs can recover as nonpecuniary relief under this section.
Insurers and defense counsel: Clearer statutory language will affect risk assessment, coverage positions, claims handling, and litigation strategy. Insurers may adjust premiums or reserve levels for vessels that meet the new definition.
Courts and maritime litigants: Judges and lawyers will rely on the new definitions when deciding whether the statute applies to a particular case and what damages are cognizable, which may change case outcomes compared with prior, less-specific definitions.
Regulators and registry authorities: Any administrative determinations that depend on statutory classifications of vessel type will need to apply the new definition.
Overall effect: The amendment is primarily definitional and clarifying. It may produce shifts in case law and commercial practice where prior ambiguity about what constituted a "cruise ship" or what counts as "nonpecuniary damages" affected outcomes. The changes do not impose funding obligations or new programmatic mandates.
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Read twice and referred to the Committee on Commerce, Science, and Transportation.
Introduced April 10, 2025 by Debra Fischer · Last progress April 10, 2025
Hammers' Law
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Introduced in Senate