Calendar No. 384

103D CONGRESS

2D SESSION S. 1458

[Report No. 103–202]

A BILL

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

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

and placed on the calendarorder of March 9 (legislative day, February 22), 1994,
II

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
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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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘General Aviation Revi5 talization Act of 1994’’.

6 SEC. 2. TIME LIMITATION ON CIVIL ACTIONS AGAINST AIR7 CRAFT MANUFACTURERS.

8 Title XI of the Federal Aviation Act of 1958 (49

9 U.S.C. App. 1510–1518) is amended by adding at the end

10 the following new section:

11 ‘‘SEC. 1119. TIME LIMITATION ON CIVIL ACTIONS AGAINST

12 AIRCRAFT MANUFACTURERS.

13 ‘‘(a) IN GENERAL.—Except as provided in subsection

14 (b) of this section, no civil action for damages for death

15 or injury to persons or damage to property arising out

16 of an accident involving a general aviation aircraft may

17 be brought against the manufacturer of the aircraft or the
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1 manufacturer of any component, system, subassembly, or

2 other part of the aircraft, if the accident occurred—

3 ‘‘(1) more than 18 years after—

4 ‘‘(A) the date of delivery of the aircraft to

5 its first purchaser or lessee, if delivered directly

6 from the manufacturer; or

7 ‘‘(B) the date of first delivery of the air8 craft to a person engaged in the business of

9 selling or leasing such aircraft; or

10 ‘‘(2) with respect to any component, system,

11 subassembly, or other part which replaced another

12 product originally in, or which was added to, the air13 craft, and which is alleged to have caused the claim14 ant’s damages, more than 18 years after the date of

15 the replacement or addition.

16 ‘‘(b) EXCEPTIONS.—Subsection (a) of this section

17 does not apply—

18 ‘‘(1) if the claimant pleads with specificity the

19 facts necessary to prove, and proves by clear and

20 convincing evidence that the manufacturer with re21 spect to certification or obligations with respect to

22 continuing airworthiness of an aircraft or aircraft

23 component knowingly misrepresented to the FAA, or

24 concealed or withheld from the FAA, required infor25 mation that is material and relevant to the perform-
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1 ance or the maintenance or operation of such air2 craft or component that is causally related to the

3 harm which the claimant allegedly suffered;

4 ‘‘(2) if the person for whose injury or death the

5 claim is being made is a passenger for purposes of

6 receiving treatment for a medical or other emer7 gency; or

8 ‘‘(3) if the person for whose injury or death the

9 claim is being made was not aboard the aircraft at

10 the time of the accident.

11 ‘‘(c) GENERAL AVIATION AIRCRAFT DEFINED.—For

12 the purposes of this section, the term ‘general aviation air13 craft’ means any aircraft for which a type certificate or

14 an airworthiness certificate has been issued by the Admin15 istrator, which, at the time such certificate was originally

16 issued, had a maximum seating capacity of fewer than 20

17 passengers, and which was not, at the time of the accident,

18 engaged in scheduled passenger carrying operations as de19 fined under regulations issued under this Act.

20 ‘‘(d) RELATIONSHIP TO OTHER LAWS.—This section

21 supersedes any Federal or State law to the extent that

22 such law permits a civil action described in subsection (a)

23 to be brought after the applicable deadline for such civil

24 action established by subsection (a).’’.
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1 SEC. 3. CONFORMING AMENDMENT.

2 The table of contents contained in the first section

3 of the Federal Aviation Act of 1958 is amended by adding

4 at the end of the matter relating to title XI of such Act

5 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.’’.