Summary: S.1503 — 95th Congress (1977-1978)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to House with amendment(s) (10/10/1978)

(Reported to House from the Committee on the Judiciary with amendment, H. Rept. 95-1747)

Grants to the Court of Claims jurisdiction to render judgments against the United States upon claims for losses, other than lost profits, warehouse charges, attorney's fees, or interest on any such loss, sustained by producers, distributers, retailers, and manufacturers of children's sleepwear as a result of the actions taken by the United States under the Federal Hazardous Substances Act relating to apparel, fabric, yarn, or fiber containing Tris.

Requires the court to consider: (1) whether there were were reasonable alternatives to Tris when the Federal Government established flammability standards; (2) whether the claimant should have tested Tris for chronic hazards; (3) the extent the Federal Government tested Tris for health hazards and disseminated the results prior to establishing the flammability standard; and (4) the degree to which the claimant exercised good faith and acted reasonably.

Sets forth the measure of damages for producers, distributers, retailers, or manufacturers of such children's sleepwear.

States that no claim under this Act may be brought as a class action pursuant to rule 23 of the Federal Rules of Civil Procedure. Requires that each claim under this Act be instituted within two years after the date of enactment of this Act.

Provides that the United States is to be subrogated to a claimant's rights relating to the subject matter of the claim when the United States pays such claim. Requires the claimant to take the necessary steps to secure such rights in the United States.