A bill to provide for the payment of losses incurred as a result of the ban on the use of the chemical Tris in apparel, in fabric, yarn, or fiber, and for other purposes.
PL 97-395 (S.823), enacted 12/30/1982

PUBLIC LAW 97-395—DEC. 30, 1982 
96 STAT. 2001 
Public Law 97-395 
97th Congress 
An Act 
To provide for the payment of losses incurred as a result of the ban on the use of the 
chemical Tns in apparel, fabric, yam, or fiber, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That (a) the United 
States Claims Court shall have jurisdiction to hear, determine, and 
render judgment upon any claim for losses sustained by any pro-
ducer, manufacturer, distributor, or retailer of children's sleepwear, 
or by any producer, converter, manufacturer, distributor, or retailer 
of fabric, yam, or fiber contained in or intended for use in children's 
sleepwear, (1) if those losses resulted from the actions taken by the 
Federal Government under the Federal Hazardous Substances Act 
on April 8, 1977, and thereafter relating to apparel, fabric, yarn, or 
fiber containing Tris (2,3-dibromopropyl) phosphate, and (2) if such 
children's sleepwear or such fabric, yarn, or fiber, as the case may 
be, at the time of its manufacture was subject to the requirements of 
or was subject to use in compliance with the mandatory Federal 
flammability standard FF3-71 or FF5--74. 
(bXD In determining the validity of any claim under this Act and 
the amount of the losses sustained for which such a claim is 
brought, the court shall consider the following factors: 
(A) The degree to which reasonable alternatives to Tris (2,3-
dibromopropyl) phosphate existed at the time the Federal 
Government established the applicable mandatory Federal 
flammability standard referred to in subsection (a). 
(B) Whether it would have been feasible or reasonable for the 
claimant to have tested Tris (2,3-dibromopropyl) phosphate for 
chronic hazards at the time the Federal Government estab-
lished such flammability standard. 
(C) The degree to which the Federal Government or other 
nationally known researchers tested Tris (2,3-dibromopropyl) 
phosphate for toxicity or other health hazards and disseminated 
the results of those tests. 
(D) The degree of good faith demonstrated by the claimant in 
seeking to comply fully with such Federal 
flammability 
standard. 
(E) The extent to which a claimant may have relied in good 
faith upon assurances from suppliers that the products contain-
ing Tris (2,3-dibromopropyl) phosphate were safe. 
(F) The degree to which the claimant acted reasonably in 
using Tris (2,3-dibromopropyl) phosphate. 
(G) The degree to which the claimant, in good faith, complied 
with actions taken by the Federal Government under the Fed-
eral Hazardous Substances Act on April 8,1977. 
(H) The degree to which the claimant, in good faith, complied 
with those provisions relating to exports contained in section 14 
of the Federal Hazardous Substances Act and section 18 of the 
Consumer Product Safety Act. 
Dec. 30, 1982 
[S. 823] 
Tris chemical 
ban. 
Payment of 
losses. 
15 use 1261 
note. 
15 use 1273. 
15 use 2067. 
96 STAT. 2002 
PUBLIC LAW 97-395—DEC. 30, 1982 
Determination 
of losses. 
Transportation 
compensation. 
Class action. 
(2) The court may not enter judgment in favor of a claimant under 
this Act, nor may the Attorney General agree to any settlement 
with a claimant under this Act, unless the claimant produces proof, 
to the satisfaction of the court or the Attorney Greneral, as the case 
may be, that the claimant lawfully disposed of the apparel, fabric, 
yarn, or fiber with respect to which the claim was brought. 
(3) In determining the amount of the losses for which a claim is 
brought under this Act, the amount of such losses shall not include 
lost profits, proceeds from distress sales, attorney's fees, or interest 
on any loss suffered by any producer, converter, manufacturer, 
distributor, or retailer of children's sleepwear, or by any producer or 
manufacturer of fabric, yarn, or fiber. 
(cXD The measure of losses for any producer or manufacturer of 
children's sleepwear shall be the cost of producing or manufacturing 
the sleepwear garment, plus the cost of the fabric, yarn, or fiber 
used for such production or manufacture, or the cost of such sleep-
wear, fabric, yarn, or fiber held in stock on the date of the enact-
ment of this Act, less the fair market value, if any, of the sleepwear 
garment or the fabric, yarn, or fiber. If such garment, fabric, yarn, 
or fiber was resold after April 8, 1977, but prior to such date of 
enactment, then the measure of losses shall be the cost of producing 
or manufacturing the sleepwear garment plus the cost of the fabric, 
yarn, or fiber, less the proceeds from any such sale. 
(2) The measure of losses for any producer, converter, or manufac-
turer of fabric, yarn, or fiber shall be the cost of producing, convert-
ing, or manufacturing the fabric, yarn, or fiber, plus the cost of the 
raw materials used for such production, converting, or manufactur-
ing, or the cost of such fabric, yam, or fiber held in stock on the date 
of the enactment of this Act, less the fair market value, if any, of the 
fabric, yarn, or fiber on such date. If the fabric, yarn, or fiber was 
resold after April 8, 1977, but prior to such date of enactment, then 
the measure of losses shall be the cost of producing, converting, or 
manufacturing the fabric, yarn, or fiber plus the cost of the raw 
materials used for such production, converting, or manufacturing, 
less the proceeds from any such sale. 
(3) The measure of losses for any distributor or retailer shall be 
the distributor's or retailer's purchase price for the children's sleep-
wear, fabric, yarn, or fiber involved, less the fair market value, if 
any, of such sleepwear, fabric, yarn, or fiber, and less the amount of 
any reimbursement received for such sleepwear, fabric, yarn, or 
fiber. 
(4) In addition to the losses determined under paragraphs (1), (2), 
and (3) of this subsection, a claimant may also be compensated for 
(A) unreimbursed costs of transportation paid for the return of the 
sleepwear garments, fabric, yarn, or fiber involved, and (B) unreim-
bursed costs of the lawful disposal of such garments, fabric, yarn, or 
fiber. 
(d) No claim under this Act may be brought as a class action. No 
claim under this Act may be brought by two or more parties unless 
damages are claimed to be jointly recoverable or are disputed among 
the parties. 
(e) Upon pajnnent of any claim under this Act, whether or not 
such pajrment is the result of a court judgment or a settlement, the 
United States shall be subrogated to the claimant's rights to recover 
losses or to assert a claim against any person relating to the subject 
matter of such claim paid by the United States. The claimant shall 
take the necessary steps, as determined by the Attorney General, to 
PUBLIC LAW 97-395—DEC. 30, 1982 
96 STAT. 2003 
secure such rights in the United States in order to be entitled to the 
entry of a judgment by the court or pajmient under this Act, and the 
failure of the claimant to take such steps shall constitute cause to 
deny the entry of such judgment or such payment. The failure of the 
claimant to take such steps shall not limit or adversely affect the 
right of the United States to act as subrogee or assignee to the full 
extent of its pajmients under this Act. Any purported limitation on 
the right of the United States to act as assignee or to become 
subrogated to the rights of a claimant shall be without any effect, to 
the extent that the United States has made pa3maents under this 
Act. 
(f) Any claim under this Act shall be barred unless commenced 
within two years after the date of the enactment of this Act. 
(g) No person shall have any claim under this Act who, on or after 
June 14, 1978, (1) exported from the United States any apparel, 
fabric, yam, or fiber containing Tris (2,3-dibromopropyl) phosphate 
which was produced, converted, manufactured, or sold for use in the 
United States, or (2) transferred any apparel, fabric, yam, or fiber 
described in clause (1) to another person with knowledge that such 
apparel, fabric, yarn, or fiber would be exported from the United 
States. 
(h) Before pa3rment is made on any claim under this Act, the 
Attorney General shall notify the Administrator of the Small Busi-
ness Administration of the claim. The Administrator shall, after 
receipt of such notification, notify the Attorney General as soon as 
possible o
f
— 
(1) any unpaid loans made by the Small Business Administra-
tion under the Small Business Act, and 
(2) other amounts owing to the Small Business Administra-
tion on account of loans made under the Small Business Act, 
for the purpose of assisting the claimant on account of losses 
sustained as a result of the actions taken by the United States under 
the Federal Hazardous Substance Act on April 8,1977, and thereaf-
ter relating to apparel, fabric, yam, or fiber containing Tris (2,3-
dibromopropyl) phosphate. The Attorney General shall offset, from 
the amount of the payment on the claim under this Act, the amount 
of any such unpaid loans or other amounts owing to the Small 
Business Administration. The amount of any offset under this sub-
section shall be treated as accrued and paid to the claimant in ten 
equal annual installments beginning with the first year in which 
payment on the claim imder this Act is made. 
Claim 
commencement. 
Claim 
notification. 
15 use 1261 
note. 
97-200 O-84-pt. 2 
21 : QL3 
96 STAT. 2004 
PUBLIC LAW 97-395—DEC. 30, 1982 
(i) Nothing in this Act shall be construed as an admission of fault 
or liability on behalf of the United States for any personal injury 
which may hereafter be claimed to arise from exposure to Tris (2,3-
dibromopropyl) phosphate. 
Approved December 30, 1982. 
011;,; U,-
\ -^'.bf. 
-".iBm^vd 
lit- -rr-' -. *
y .
=
H 
.\,-;- SO 
LEGISLATIVE HISTORY—S. 823: 
SENATE REPORT.No. 97-130 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 127 (1981): June 18, considered and passed Senate. 
Vol. 128 (1982): Dec. 13, considered and passed House, amended. 
Dec. 14, Senate concurred in House amendment.