`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1458 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 384

103d CONGRESS

  2d Session

                                S. 1458

                          [Report No. 103-202]

_______________________________________________________________________

                                 A BILL

To amend the Federal Aviation Act of 1958 to establish time limitations 
on certain civil actions against aircraft manufacturers, and for other 
                               purposes.

_______________________________________________________________________

              March 9 (legislative day, February 22), 1994

   Considered; ordered modified and referred to the Committee on the 
                Judiciary not to exceed one calendar day

              March 9 (legislative day, February 22), 1994

Committee on the Judiciary discharged pursuant to the order of March 9 
    (legislative day, February 22), 1994, and placed on the calendar
                                                       Calendar No. 384







103d CONGRESS
  2d Session
                                S. 1458

                          [Report No. 103-202]

To amend the Federal Aviation Act of 1958 to establish time limitations 
on certain civil actions against aircraft manufacturers, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 14 (legislative day, September 7), 1993

   Mrs. Kassebaum (for herself, Mr. Bennett, Mr. Bond, Mr. Brown, Mr. 
  Burns, Mr. Coats, Mr. Danforth, Mr. Dole, Mr. Exon, Mr. Glenn, Mr. 
    Gorton, Mr. Grassley, Mr. Gregg, Mr. Hatch, Mrs. Hutchison, Mr. 
  Jeffords, Mr. Kerrey, Mr. Kerry, Mr. Lott, Mr. Lugar, Mr. Mack, Mr. 
McCain, Mr. Murkowski, Mr. Pressler, Mr. Rockefeller, Mr. Simpson, Mr. 
 Smith, Mr. Thurmond, Mr. Warner, Mr. Boren, Mr. Pell, Mr. Chafee, Mr. 
   Mathews, Mr. Inouye, Mr. Nickles, Mr. Wallop, Mr. Faircloth, Mr. 
D'Amato, Mr. Lieberman, Mr. Durenberger, Mr. Craig, Mr. Kempthorne, Mr. 
 Gramm, Mr. Dodd, Mr. Cochran, Mr. Domenici, Mr. Helms, Mr. Hatfield, 
Mr. Coverdell, Mr. McConnell, and Mr. Stevens) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

            November 20 (legislative day, November 2), 1993

              Reported by Mr. Hollings, without amendment

              March 9 (legislative day, February 22), 1994

   Considered; ordered modified and referred to the Committee on the 
                Judiciary not to exceed one calendar day

              March 9 (legislative day, February 22), 1994

Committee on the Judiciary discharged pursuant to the order of March 9 
    (legislative day, February 22), 1994, and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Aviation Act of 1958 to establish time limitations 
on certain civil actions against aircraft manufacturers, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``General Aviation Revitalization Act 
of 1994''.

SEC. 2. TIME LIMITATION ON CIVIL ACTIONS AGAINST AIRCRAFT 
              MANUFACTURERS.

    Title XI of the Federal Aviation Act of 1958 (49 U.S.C. App. 1510-
1518) is amended by adding at the end the following new section:

``SEC. 1119. TIME LIMITATION ON CIVIL ACTIONS AGAINST AIRCRAFT 
              MANUFACTURERS.

    ``(a) In General.--Except as provided in subsection (b) of this 
section, no civil action for damages for death or injury to persons or 
damage to property arising out of an accident involving a general 
aviation aircraft may be brought against the manufacturer of the 
aircraft or the manufacturer of any component, system, subassembly, or 
other part of the aircraft, if the accident occurred--
            ``(1) more than 18 years after--
                    ``(A) the date of delivery of the aircraft to its 
                first purchaser or lessee, if delivered directly from 
                the manufacturer; or
                    ``(B) the date of first delivery of the aircraft to 
                a person engaged in the business of selling or leasing 
                such aircraft; or
            ``(2) with respect to any component, system, subassembly, 
        or other part which replaced another product originally in, or 
        which was added to, the aircraft, and which is alleged to have 
        caused the claimant's damages, more than 18 years after the 
        date of the replacement or addition.
    ``(b) Exceptions.--Subsection (a) of this section does not apply--
            ``(1) if the claimant pleads with specificity the facts 
        necessary to prove, and proves by clear and convincing evidence 
        that the manufacturer with respect to certification or 
        obligations with respect to continuing airworthiness of an 
        aircraft or aircraft component knowingly misrepresented to the 
        FAA, or concealed or withheld from the FAA, required 
        information that is material and relevant to the performance or 
        the maintenance or operation of such aircraft or component that 
        is causally related to the harm which the claimant allegedly 
        suffered;
            ``(2) if the person for whose injury or death the claim is 
        being made is a passenger for purposes of receiving treatment 
        for a medical or other emergency; or
            ``(3) if the person for whose injury or death the claim is 
        being made was not aboard the aircraft at the time of the 
        accident.
    ``(c) General Aviation Aircraft Defined.--For the purposes of this 
section, the term `general aviation aircraft' means any aircraft for 
which a type certificate or an airworthiness certificate has been 
issued by the Administrator, which, at the time such certificate was 
originally issued, had a maximum seating capacity of fewer than 20 
passengers, and which was not, at the time of the accident, engaged in 
scheduled passenger carrying operations as defined under regulations 
issued under this Act.
    ``(d) Relationship to Other Laws.--This section supersedes any 
Federal or State law to the extent that such law permits a civil action 
described in subsection (a) to be brought after the applicable deadline 
for such civil action established by subsection (a).''.

SEC. 3. CONFORMING AMENDMENT.

    The table of contents contained in the first section of the Federal 
Aviation Act of 1958 is amended by adding at the end of the matter 
relating to title XI of such Act the following:

``Sec. 1119. Time Limitation on Civil Actions Against Aircraft 
                            Manufacturers.
                              ``(a) In general.
                              ``(b) Exceptions.
                              ``(c) General aviation aircraft defined.
                              ``(c) Relationship to other laws.''.`