On motion to refer the bill and the accompanying veto message to the Committee on Judiciary. Agreed to without objection.
Congressional Research Service
Official summary
Version 48 · Conference report filed in House · Mar 14, 1996
TABLE OF CONTENTS: Title I: Product Liability Reform Title II: Biomaterials Access Assurance Title III: Limitations on Applicability; Effective Date Common Sense Product Liability Legal Reform Act of 1996 - Title I: Product Liability Reform - Applies this Act to any product liability action in any State or Federal court on any theory for harm caused by a product, except for actions for commercial loss. (Sec. 103) Imposes seller liability if the seller failed to exercise reasonable care, made an express warranty, or engaged in intentional wrongdoing. Declares that a failure to inspect is not a failure of reasonable care if there was no reasonable opportunity to inspect or if the inspection would not have revealed the aspect that caused the harm. Makes a seller liable as a manufacturer if the manufacturer is not subject to service or if the claimant would be unable to enforce a judgment. Makes certain persons engaged in the business of renting or leasing a product liable as a seller, but prohibits liability for the tortious act of another solely by reason of ownership. (Sec. 104) Makes it a complete defense if the claimant was under the influence of alcohol or a drug and was more than 50 percent responsible. (Sec. 105) Reduces damages by the percentage of harm attributable to misuse or alteration, except for actions involving an employer or coemployee if the employer or coemployee is, under State law, immune from claimant's action. (Sec. 106) Limits the time within which a product liability action must be started, with a separate limit for durable goods other than motor vehicles, vessels, aircraft, or trains used primarily to transport passengers for hire. (Sec. 107) Allows a claimant or defendant in a product liability action to offer to proceed with voluntary, nonbinding alternative dispute resolution. (Sec. 108) Allows punitive damages, as permitted by State law, if the claimant shows by clear and convincing evidence that the defendant's conduct, carried out with a conscious, flagrant indifference to the rights or safety of others, was the proximate cause of the harm. Limits the punitive damage amounts that may be awarded to a claimant, allowing a court to override the limits in certain circumstances. Sets a special lower limit for individuals with a net worth under a specified amount or businesses with fewer than a specified number of employees. Requires, at the request of any party, consideration of punitive damages in a separate proceeding. Makes these punitive damages provisions inapplicable, until a specified date, if the harm was death and if State law allows only punitive damages. (Sec. 110) Permits several and prohibits joint liability for noneconomic loss, allocating liability in direct proportion to the percentage of responsibility. (Sec. 111) Grants an insurer a right of subrogation whether or not the insurer is a party. Prohibits an employee from making settlements or accepting payments without the consent of the employer. Requires, if the manufacturer or seller alleges the harm was the fault of the claimant's employer or coemployee, that the issue be submitted to the trier of fact. Reduces damages if it is found by clear and convincing evidence that the harm was so caused, but requires the manufacturer or seller to reimburse the insurer for attorney's fees and costs if it is not so found. Title II: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1996 - Applies this title, subject to exception, to any civil action in Federal or State court against a manufacturer, seller, or biomaterials supplier, on any legal theory, for harm allegedly caused by an implant. (Sec. 205) Declares that a biomaterials supplier shall not be liable for harm caused by an implant unless the supplier: (1) is a manufacturer; (2) is a seller; and (3) furnishes materials or parts that fail to meet contractual requirements or specifications. Allows considering a supplier a manufacturer if the supplier: (1) registered under specified provisions of the Federal Food, Drug, and Cosmetic Act and included the implant on a list of devices filed under those provisions; (2) is the subject of a declaration by the Secretary of Health and Human Services that the supplier was required to so register or include but failed to do so; or (3) is related by common ownership or control to a person meeting the requirements of (1) or (2), if the court finds it necessary to impose liability on the supplier as a manufacturer because the manufacturer lacks sufficient financial resources to satisfy a likely judgment if the claimant wins. Allows considering a supplier a seller if the supplier held title to the implant after manufacture and after entrance of the implant in the stream of commerce and subsequently resold the implant or if the supplier is related by common ownership or control to a person who held title and subsequently resold, if the court finds it necessary to impose liability on the supplier as a manufacturer because the seller lacks sufficient financial resources to satisfy a likely judgment if the claimant wins. Allows a supplier, to the extent required and permitted by other law, to be liable if the claimant shows, by a preponderance of the evidence, violation of contractual requirements or specifications. (Sec. 206) Sets forth procedures relating to motions by a supplier to dismiss actions that are subject to this title. Title III: Limitations on Applicability; Effective Date - Makes any circuit court of appeals decision interpreting this Act a precedent for any Federal or State court within that court's geographic jurisdiction. Declares that U.S. district courts shall not have jurisdiction under this Act based on provisions of the U.S. Code relating to Federal questions, commerce and antitrust, and amounts in controversy. Sets forth the effective dates of this Act.
Failed of passage in House over veto: On passage, the objections of the President to the contrary notwithstanding Failed by the Yeas and Nays: (2/3 required): 258 - 163 (Roll no. 162).
DEBATE - The House proceeded with one hour of debate on passage of the bill, the objections of the President notwithstanding.
The Chair announced the unfinished business to be the consideration of the veto.
Mr. Hyde asked further unanimous consent that, upon further consideration of the veto message on Thursday, May 9, 1996, the previous question be considered as ordered on the question of passage of the bill, the objections of the President to the contrary notwithstanding, without intervening motion or debate except one hour of debate on the question of passage. Agreed to without objection.
On motion to postpone consideration of the veto message until May 9. Agreed to without objection.
Mr. Hyde moved to postpone consideration of the veto message until May 9.
The Chair announced that the objections of the President would be spread at large upon the Journal, and the veto message and the bill would be printed as a House Document.
The Chair laid before the House the veto message from the President.
Vetoed by President.
Vetoed by President.
Presented to President.
Presented to President.
On agreeing to the conference report Agreed to by the Yeas and Nays: 259 - 158 (Roll no. 110). (consideration: CR H3204)
Motion to reconsider laid on the table Agreed to without objection.
Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 259 - 158 (Roll no. 110).(consideration: CR H3204)
The previous question was ordered without objection.
DEBATE - The House proceeded with one hour of debate.
Mr. Hyde brought up conference report H. Rept. 104-481 for consideration under the provisions of H. Res. 394.
Rule H. Res. 394 passed House.
Rules Committee Resolution H. Res. 394 Reported to House. Rule provides for consideration of the conference report to H.R. 956. Upon the adoption of this resolution it shall be in order to consider the conference report on H.R. 956. All points of order against the conference report and against its consideration are waived.
Message on Senate action sent to the House.
Senate agreed to conference report by Yea-Nay Vote. 59-40. Record Vote No: 46. (consideration: CR S2591)
DEBATE - The House proceeded with one hour of debate on the Conyers motion to instruct conferees on the part of the House to insist upon the provisions contained in sec. 107 of the House-passed version of the bill, which would require foreign manufacturers who sell products in the U.S. to abide by the same legal standards that govern the conduct of American companies.
Mr. Conyers moved that the House instruct conferees.
Conference held.
Conference committee actions: Conference held.
Message on Senate action sent to the House.
Senate insists on its amendment agrees to request for a conference, appoints conferees Pressler; Gorton; Lott; Stevens; Snowe; Ashcroft; Hollings; Inouye; Ford; Exon; Rockefeller.
Message on House action received in Senate and at the desk: House requests a conference.
Motion to reconsider laid on the table Agreed to without objection.
The Speaker appointed conferees - from the Committee on Commerce for consideration of the House bill, and the Senate amendment, and modifications committed to conference: Bliley, Oxley, Cox, Dingell, and Wyden.
The Speaker appointed conferees - from the Committee on the Judiciary for consideration of the House bill, and the Senate amendment, and modifications committed to conference: Hyde, Sensenbrenner, Gekas, Inglis, Bryant (TN), Conyers, Schroeder, and Berman.
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House instruct conferees Failed by the Yeas and Nays: 190 - 231 (Roll no. 777). (consideration: CR H11989)
The previous question was ordered without objection.
DEBATE - The House proceeded with one hour of debate on the Conyers motion to instruct House conferees to disagree to any provision that would limit the total damages recoverable for injuries by aged individuals, women, or children to an amount less than that recoverable by other plaintiffs with substantially similar injuries.
Mr. Conyers moved that the House instruct conferees.
On motion that the House disagree to the Senate amendment, and request a conference Agreed to by voice vote.
The previous question was ordered without objection.
Mr. Hyde moved that the House disagree to the Senate amendment, and request a conference.
Senate ordered measure printed as passed.
Message on Senate action sent to the House.
Passed Senate with an amendment by Yea-Nay Vote. 61-37. Record Vote No: 161.
Considered by Senate. (consideration: CR S5683-5685, S5689-5725)
Amendment SP 599 proposed by Senator Gorton for Senator Brown to Amendment SP 596.
Amendment SP 598 proposed by Senator Hollings to Amendment SP 597.
Amendment SP 597 proposed by Senator Abraham to Amendment SP 596.
Considered by Senate. (consideration: CR S5638-5663)
Amendment SP 596 proposed by Senator Gorton.
Measure laid before Senate. (consideration: CR S5571-5602)
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 29.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 956.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed by recorded vote: 265 - 161 (Roll no. 229).
The previous question on the motion to recommit with instructions was ordered without objection.
DEBATE - The House proceeded with 10 minutes of debate on the Gordon motion to recommit with instructions. The instructions contained in the motion require the Judiciary committee to report the bill back to the House with amendments which provide that the provisions of the bill shall not apply to a product liability action unless the manufacturer of the product or component part has appointed an agent in the U.S. for service of process from anywhere in the U.S.; and to change the limit on punitive damages from $250,000 to $1,000,000.
Mr. Gordon moved to recommit with instructions to Judiciary.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
The previous question was ordered pursuant to the rule.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 956.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 20 minutes of debate on the Schumer amendment.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 30 minutes of debate on the Gekas amendment.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H3015-3027)
Committee of the Whole House on the state of the Union rises leaving H.R. 956 as unfinished business.
On motion that the Committee rise Agreed to by voice vote.
Mr. Hyde moved that the Committee rise.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 40 minutes of debate on the Cox amendment.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 40 minutes of debate on the Cox amendment.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 20 minutes of debate on the Hoke amendment.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 40 minutes of debate on the Oxley amendment.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 10 minutes of debate on the Hyde amendment, as modified.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 30 minutes of debate on the Furse amendment.
DEBATE - Pursuant to the provisions of H.Res. 109, the Committee of the Whole proceeded with 20 minutes of debate on the Watt amendment.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 10 minutes of debate on the Conyers amendment.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 20 minutes of debate on the Schumer amendment.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 20 minutes of debate on the Hyde amendment.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 20 minutes of debate on the Schroeder amendment.
DEBATE - Pursuant to the provisions of H. Res. 109, the Committee of the Whole proceeded with 10 minutes of debate on the Geren amendment, as modified.
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Considered as unfinished business. (consideration: CR H2914-2967)
Rule H. Res. 109 passed House.
Committee of the Whole House on the state of the Union rises leaving H.R. 956 as unfinished business.
Rules Committee Resolution H. Res. 109 Reported to House. Rule provides for consideration of H.R. 956. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of H.R. 1075. No amendment to the substitute shall be in order except those printed in the report accompanying this resolution, if offered in the order and manner specified. Said amendments shall not be subject to further amendment, or subject to a demand for division of the question in the House or in the Committee of the Whole.
GENERAL DEBATE - The Committee of the Whole proceeded with two hours of general debate.
The Speaker designated the Honorable David Dreier to act as Chairman of the Committee.
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 108 and Rule XXIII.
Rule provides for consideration of H.R. 956 with 2 hours of general debate. After general debate the Committee of the Whole shall rise without motion. No further consideration of the bill shall be in order except pursuant to a subsequent order of the House.
Considered under the provisions of rule H. Res. 108. (consideration: CR H2873-2888)
Rule H. Res. 108 passed House.
Rules Committee Resolution H. Res. 108 Reported to House. Rule provides for consideration of H.R. 956 with 2 hours of general debate. After general debate the Committee of the Whole shall rise without motion. No further consideration of the bill shall be in order except pursuant to a subsequent order of the House.
Committee on Commerce discharged.
Placed on the Union Calendar, Calendar No. 35.
Committee on Commerce discharged.
Referred sequentially to the House Committee on Commerce for a period ending not later than March 7, 1995 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(e), rule X.
Reported (Amended) by the Committee on Judiciary. H. Rept. 104-64, Part I.
Reported (Amended) by the Committee on Judiciary. H. Rept. 104-64, Part I.
Mr. Solomon notified the House that Members should submit 55 copies of proposed amendments to the bill to the Rules Committee by 3 p.m. Friday, March 3, 1995.
Ordered to be Reported (Amended) by the Yeas and Nays: 31 - 11.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Referred to the House Committee on the Judiciary.
Introduced in House
Introduced in House
Primary sources
Bill text & related measures
Text links open the official source. We currently store references to these documents.
Source last updated: Apr 7, 2025. Consult Congress.gov for the current record.
AI Conversation Starters
Explore the bill from different angles
Choose a perspective, copy a prompt, and paste it into your preferred AI. Each prompt includes the bill version and available official source links, and asks for counterarguments as well as supporting evidence.
Neutral evidence review
Objective
Analyze H.R.956 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
View full prompt & sources
Fairness and public impact
Progressive lens
Examine H.R.956 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.
View full prompt & sources
Institutions and government scope
Conservative lens
Examine H.R.956 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.
View full prompt & sources
Individual rights and government power
Liberty lens
Examine H.R.956 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.