PlainBillCongress, translated.Legislation. Context. Public interest.Congressional Research Service
Version 36 · Passed House amended · Jul 30, 1998
Biomaterials Access Assurance Act of 1998 - Provides that, in any civil action covered by this Act, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any exclusion set forth in section 5 and move for dismissal or summary judgment under section 6 of this Act. (Sec. 5) Exempts a biomaterials supplier from liability for harm to a claimant caused by an implant, with exceptions in the case of a supplier who: (1) is a registered manufacturer of the implant; (2) held title to the implant and then acted as a seller after the implant's initial sale by the manufacturer (or is related by common ownership or control to such a seller); or (3) furnishes raw materials or components that fail to meet applicable contractual requirements or specifications. Declares that a supplier may be considered a manufacturer of an implant, for purposes of such civil actions, only if the supplier registered or was required to register with the Secretary of Health and Human Services and included or was required to include the implant on a list of devices filed pursuant to the Federal Food, Drug, and Cosmetic Act. (Sec. 6) Sets forth procedures relating to the dismissal of civil actions against suppliers. (Sec. 7) Allows, on a motion by a manufacturer or a claimant within a specified period after final judgment, a biomaterials supplier who was earlier dismissed from the action to be impleaded (brought back into the action) in certain circumstances.
People & committees
Rep. Gekas, George W. [R-PA-17] · R–PA
Legislative record
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Became Public Law No: 105-230.
Became Public Law No: 105-230.
Signed by President.
Signed by President.
Presented to President.
Presented to President.
Message on Senate action sent to the House.
Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent. (consideration: CR S9500-9501)
Passed/agreed to in Senate: Received in the Senate, read twice, considered, read the third time, and passed without amendment by Unanimous Consent.(consideration: CR S9500-9501)
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed without objection.
Passed/agreed to in House: On passage Passed without objection.
Considered by unanimous consent. (consideration: 7/29/1998 CR H6740-6748)
Mr. Gekas asked unanimous consent to discharge the Committee of the Whole House on the State of the Union and consider.
Placed on the Union Calendar, Calendar No. 349.
Reported (Amended) by the Committee on Commerce. H. Rept. 105-549, Part II.
Reported (Amended) by the Committee on Commerce. H. Rept. 105-549, Part II.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Subcommittee Consideration and Mark-up Session Held.
House Committee on Commerce Granted an extension for further consideration ending not later than July 14, 1998.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-549, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 105-549, Part I.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote.
Subcommittee Consideration and Mark-up Session Held.
Subcommittee Hearings Held.
Referred to the Subcommittee on Commercial and Administrative Law.
Referred to the Subcommittee on Telecommunications, Trade, and Consumer Protection, for a period to be subsequently determined by the Chairman.
Referred to House Commerce
Referred to the Committee on the Judiciary, and in addition to the Committee on Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Judiciary
Introduced in House
Introduced in House
Primary sources
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Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.
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