Calendar No. 329

103D CONGRESS

1ST SESSION S. 1458

[Report No. 103–202]

A BILL

To amend the Federal Aviation Act of 1958 to esNpurposes. against aircraft manufacturers, and for other tablish time limitations on certain civil actions OVEMBER 20 (legislative day, NOVEMBER 2), 1993

Reported, without amendment
II

Calendar No. 329

103D CONGRESS

1ST 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, and Mr.

LIEBERMAN) 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

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.
2

•S 1458 RS

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 1993’’.

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.—No civil action for damages for

14 death or injury to persons or damage to property arising

15 out of an accident involving a general aviation aircraft

16 may be brought against the manufacturer of the aircraft

17 or the manufacturer of any component, system, subassem18 bly, or other part of the aircraft, if the accident oc19 curred—

20 ‘‘(1) more than 15 years after—

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

22 its first purchaser or lessee, if delivered directly

23 from the manufacturer; or
3

•S 1458 RS

1 ‘‘(B) the date of first delivery of the air2 craft to a person engaged in the business of

3 selling or leasing such aircraft; or

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

5 subassembly, or other part which replaced another

6 product originally in, or which was added to, the air7 craft, and which is alleged to have caused the claim8 ant’s damages, more than 15 years after the date of

9 the replacement or addition.

10 ‘‘(b) GENERAL AVIATION AIRCRAFT DEFINED.—For

11 the purposes of this section, the term ‘general aviation air12 craft’ means any aircraft for which a type certificate or

13 an airworthiness certificate has been issued by the Admin14 istrator, which, at the time such certificate was originally

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

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

17 engaged in scheduled passenger carrying operations as de18 fined under regulations issued under this Act.

19 ‘‘(c) RELATIONSHIP TO OTHER LAWS.—This section

20 supersedes any Federal or State law to the extent that

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

22 to be brought after the applicable deadline for such civil

23 action established by subsection (a).’’.
4

•S 1458 RS

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) General aviation aircraft defined.

‘‘(c) Relationship to other laws.’’.