What This Bill Does
This bill allows people to seek compensation for emotional and personal losses (called "nonpecuniary damages") when they are harmed during a cruise ship voyage on the high seas. The bill changes existing federal law to include cruise ships alongside commercial aviation accidents when it comes to damage claims.
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Who It Affects
People injured or harmed during cruise ship voyages on the high seas who want to sue for damages. Cruise ship companies operating large passenger vessels that carry people to or from United States ports.
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Key Provisions
• The bill defines a "cruise ship" as a passenger vessel that carries at least 250 passengers, has sleeping facilities onboard for each passenger, picks up or drops off passengers in the United States, and is not on a coastwise voyage (a voyage along the coast). (Sec. 2(a))
• The bill defines "nonpecuniary damages" as money paid for loss of care, comfort and companionship. (Sec. 2(a))
• The bill allows nonpecuniary damages to apply to cruise ship voyages in the same way they apply to commercial aviation accidents. (Sec. 2(a))
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What Changes
Federal law currently limits damages in certain cases involving commercial aviation. This bill extends those same rules to cruise ship voyages occurring on the high seas, allowing people to claim damages for loss of care, comfort and companionship.
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Important Definitions
The bill defines "cruise ship" and "nonpecuniary damages" (damages for loss of care, comfort and companionship).
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II
118TH CONGRESS
1ST SESSION
S. 1085
To provide authorization for nonpecuniary damages in an action resulting
from a cruise ship voyage occurring on the high seas.
IN THE SENATE OF THE UNITED STATES
MARCH 30, 2023
Mrs. FISCHER (for herself and Mr. BLUMENTHAL) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
A BILL
To provide authorization for nonpecuniary damages in an
action resulting from a cruise ship voyage occurring on
the high seas.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Hammers’ Law’’.
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SEC. 2. LIMITATIONS IN CERTAIN CASES.
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(a) IN GENERAL.—Section 30307 of title 46, United
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States Code, is amended—
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•S 1085 IS
(1) in the section heading, by striking ‘‘Com-
1
mercial aviation accidents’’ and inserting
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‘‘Limitations in certain cases’’;
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(2) by striking subsection (a) and inserting the
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following:
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‘‘(a) DEFINITIONS.—In this section:
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‘‘(1) CRUISE
SHIP.—The term ‘cruise ship’
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means a passenger vessel, other than a vessel of the
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United States operated by the Federal Government
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or a vessel owned and operated by a State, that—
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‘‘(A) is authorized to carry at least 250
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passengers;
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‘‘(B) has onboard sleeping facilities for
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each passenger;
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‘‘(C) is on a voyage that embarks or dis-
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embarks passengers in the United States; and
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‘‘(D) is not engaged on a coastwise voyage.
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‘‘(2) NONPECUNIARY
DAMAGES.—The term
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‘nonpecuniary damages’ means damages for loss of
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care, comfort, and companionship.’’;
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(3) in subsection (b), by inserting ‘‘or cruise
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ship voyage’’ after ‘‘commercial aviation’’; and
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(4) in subsection (c), by inserting ‘‘or cruise
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ship voyage’’ after ‘‘commercial aviation’’.
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•S 1085 IS
(b) CLERICAL AMENDMENT.—The table of sections
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for chapter 303 of title 46, United States Code, is amend-
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ed by striking the item relating to section 30307 and in-
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serting the following:
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‘‘30307. Limitations in certain cases.’’.
Æ
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