[Congressional Record Volume 140, Number 104 (Tuesday, August 2, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: August 2, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
              GENERAL AVIATION REVITALIZATION ACT OF 1993

  Mr. FORD. Mr. President, I ask that the Chair lay before the Senate a 
message from the House of Representatives on a bill (S. 1458) to amend 
the Federal Aviation Act of 1958 to establish time limitations on 
certain civil actions against aircraft manufacturers, and for other 
purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 1458) entitled 
     ``To amend the Federal Aviation Act of 1958 to establish time 
     limitations on certain civil actions against aircraft 
     manufacturers, and for other purposes'', do pass with the 
     following amendment:
       Strike out all after the enacting clause, and insert:

     SECTION 1. SHORT TITLE.

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

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

       (a) In General.--Except as provided in subsection (b), 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 new 
     component, system, subassembly, or other part of the 
     aircraft, in its capacity as a manufacturer if the accident 
     occurred--
       (1) after the applicable limitation period beginning on--
       (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 new component, system, subassembly, 
     or other part which replaced another component, system, 
     subassembly, or other part originally in, or which was added 
     to, the aircraft, and which is alleged to have caused such 
     death, injury, or damage, after the applicable limitation 
     period beginning on the date of completion of the replacement 
     or addition.
       (b) Exceptions.--Subsection (a) does not apply--
       (1) if the claimant pleads with specificity the facts 
     necessary to prove, and proves, that the manufacturer with 
     respect to a type certificate or airworthiness certificate 
     for, or obligations with respect to continuing airworthiness 
     of, an aircraft or a component, system, subassembly, or other 
     part of an aircraft knowingly misrepresented to the Federal 
     Aviation Administration, or concealed or withheld from the 
     Federal Aviation Administration, required information that is 
     material and relevant to the performance or the maintenance 
     or operation of such aircraft, or the component, system, 
     subassembly, or other part, 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;
       (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; or
       (4) to an action brought under a written warranty 
     enforceable under law but for the operation of this Act.
       (c) General Aviation Aircraft Defined.--For the purposes of 
     this Act, the term ``general aviation aircraft'' means any 
     aircraft for which a type certificate or an airworthiness 
     certificate has been issued by the Administrator of the 
     Federal Aviation Administration, 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 in effect 
     under the Federal Aviation Act of 1958 (49 U.S.C. App. 1301 
     et seq.) at the time of the accident.
       (d) Relationship to Other Laws.--This section supersedes 
     any State law to the extent that such law permits a civil 
     action described in subsection (a) to be brought after the 
     applicable limitation period for such civil action 
     established by subsection (a).

     SEC. 3. OTHER DEFINITIONS.

       For purposes of this Act--
       (1) the term ``aircraft'' has the meaning given such term 
     in section 101(5) of the Federal Aviation Act of 1958 (49 
     U.S.C. 1301(5));
       (2) the term ``airworthiness certificate'' means an 
     airworthiness certificate issued under section 603(c) of the 
     Federal Aviation Act of 1958 (49 U.S.C. 1423(c)) or under any 
     predecessor Federal statute;
       (3) the term ``limitation period'' means--
       (A) 15 years with respect to piston-powered general 
     aviation aircraft and the components, systems, subassemblies, 
     and other parts of such aircraft;
       (B) 18 years with respect to turboprop-powered general 
     aviation aircraft and the components, systems, subassemblies, 
     and other parts of such aircraft; and
       (C) 22 years with respect to other general aviation 
     aircraft (including jet-powered general aviation aircraft) 
     and the components, systems, subassemblies, and other parts 
     of such aircraft; and
       (4) the term ``type certificate'' means a type certificate 
     issued under section 603(a) of the Federal Aviation Act of 
     1958 (49 U.S.C. 1423(a)) or under any predecessor Federal 
     statute.

     SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT.

       (a) Effective Date.--Except as provided in subsection (b), 
     this Act shall take effect on the date of the enactment of 
     this Act.
       (b) Application of Act.--This Act shall not apply with 
     respect to civil actions commenced before the date of the 
     enactment of this Act.


                           amendment no. 2440

   (Purpose: To revise the meaning of the term ``limitation period'')

  Mr. FORD. Mr. President, I move that the Senate concur in the 
amendment of the House with a further amendment, which I now send to 
the desk on behalf of Senator Kassebaum.
  The motion was agreed to.
  Mr. FORD. Mr. President, I ask unanimous consent that the motion to 
reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 2440) as agreed to, is as follows:

       On page 4, strike line 15 and all that follows through page 
     5, line 3, and insert in lieu thereof the following:
       (3) the term ``limitation period'' means 18 years with 
     respect to general aviation aircraft and the components, 
     systems, subassemblies, and other parts of such aircraft; and

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