IB 

Union Calendar No. 431 

109TH CONGRESS 

2D SESSION H. R. 3509 

[Report No. 109–728, Part I] 

To establish a statute of repose for durable goods used in a trade or business. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 28, 2005 

Mr. CHABOT (for himself, Mr. HYDE, and Mr. COBLE) introduced the 

following bill; which was referred to the Committee on the Judiciary 

DECEMBER 8, 2006 

Reported with an amendment and referred to the Committee on Energy and 

Commerce for a period ending not later than December 8, 2006, for consideration of such provisions of the bill and amendment as fall within the 

jurisdiction of that committee pursuant to clause 1(f), rule X 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 8, 2006 

Additional sponsors: Ms. FOXX, Mr. GREEN of Wisconsin, and Mr. LAHOOD

DECEMBER 8, 2006 

Committee on Energy and Commerce discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on July 28, 2005] 

A BILL 

To establish a statute of repose for durable goods used 

in a trade or business. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Workplace Goods Job 

5 Growth and Competitiveness Act of 2006’’. 

6 SEC. 2. STATUTE OF REPOSE FOR DURABLE GOODS USED 

7 IN A TRADE OR BUSINESS. 

8 (a) IN GENERAL.—Except as otherwise provided in 

9 this Act— 

10 (1) no civil action may be filed against the man11 ufacturer or seller of a durable good for damage to 

12 property allegedly caused by that durable good if the 

13 damage to property occurred more than 12 years after 

14 the date on which the durable good was delivered to 

15 its first purchaser or lessee; and 

16 (2) no civil action may be filed against the man17 ufacturer or seller of a durable good for damages for 

18 death or personal injury allegedly caused by that du19 rable good if the death or personal injury occurred 

20 more than 12 years after the date on which the dura21 ble good was delivered to its first purchaser or lessee 

22 and if— 

23 (A) the claimant has received or is eligible 

24 to receive worker compensation; and 


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1 (B) the injury does not involve a toxic harm 

2 (including, but not limited to, any asbestos-re3 lated harm). 

4 (b) EXCEPTIONS.— 

5 (1) IN GENERAL.—A motor vehicle, vessel, air6 craft, or train, that is used primarily to transport 

7 passengers for hire, shall not be subject to this Act. 

8 (2) CERTAIN EXPRESS WARRANTIES.—This Act 

9 does not bar a civil action against a defendant who 

10 made an express warranty in writing, for a period of 

11 more than 12 years, as to the safety or life expectancy 

12 of a specific product, except that this Act shall apply 

13 at the expiration of that warranty. 

14 (3) AVIATION LIMITATIONS PERIOD.—This Act 

15 does not affect the limitations period established by 

16 the General Aviation Revitalization Act of 1994 (49 

17 U.S.C. 40101 note). 

18 (4) ACTIONS INVOLVING THE ENVIRONMENT.— 

19 Subsection (a)(1) does not supersede or modify any 

20 statute or common law that authorizes an action for 

21 civil damages, cost recovery, or any other form of re22 lief for remediation of the environment (as defined in 

23 section 101(8) of the Comprehensive Environmental 

24 Response, Compensation, and Liability Act of 1980 

25 (42 U.S.C. 9601(8)). 


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1 (5) REGULATORY ACTIONS.—This Act does not 

2 affect regulatory enforcement actions brought by State 

3 or Federal agencies. 

4 (6) ACTIONS INVOLVING FRAUDULENT CONCEAL5 MENT.—This Act does not bar a civil action against 

6 a manufacturer or seller of a durable good who fraud7 ulently concealed a defect in the durable good. 

8 (c) EFFECT ON STATE LAW; PREEMPTION.—Subject to 

9 subsection (b), this Act preempts and supersedes any State 

10 law that establishes a statute of repose to the extent such 

11 law applies to actions covered by this Act. Any action not 

12 specifically covered by this Act shall be governed by applica13 ble State or other Federal law. 

14 (d) TRANSITIONAL PROVISION RELATING TO EXTEN15 SION OF REPOSE PERIOD.—To the extent that this Act 

16 shortens the period during which a civil action could other17 wise be brought pursuant to another provision of law, the 

18 claimant may, notwithstanding this Act, bring the action 

19 not later than 1 year after the date of the enactment of this 

20 Act. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) CLAIMANT.—The term ‘‘claimant’’ means 

24 any person who brings an action covered by this Act 

25 and any person on whose behalf such an action is 


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1 brought. If such an action is brought through or on 

2 behalf of an estate, the term includes the claimant’s 

3 decedent. If such an action is brought through or on 

4 behalf of a minor or incompetent, the term includes 

5 the claimant’s legal guardian. 

6 (2) DURABLE GOOD.—The term ‘‘durable good’’ 

7 means any product, or any component of any such 

8 product, which— 

9 (A)(i) has a normal life expectancy of 3 or 

10 more years; or 

11 (ii) is of a character subject to allowance for 

12 depreciation under the Internal Revenue Code of 

13 1986; and 

14 (B) is— 

15 (i) used in a trade or business; 

16 (ii) held for the production of income; 

17 or 

18 (iii) sold or donated to a governmental 

19 or private entity for the production of 

20 goods, training, demonstration, or any other 

21 similar purpose. 

22 (3) FRAUDULENTLY CONCEALED.—With respect 

23 to a durable good, the term ‘‘fraudulently concealed’’ 

24 means that— 


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1 (A) the manufacturer or seller of the durable 

2 good had actual knowledge of a defect in the du3 rable good; 

4 (B) the defect in the durable good was the 

5 proximate cause of the harm to the claimant; 

6 and 

7 (C) the manufacturer or seller of the durable 

8 good affirmatively suppressed or hid, with the 

9 intent to deceive or defraud, the existence of such 

10 defect. 

11 (4) SELLER.—The term ‘‘seller’’ means any deal12 er, retailer, wholesaler, or distributer in the stream of 

13 commerce of a durable good concluding with the sale 

14 or lease of the durable good to the first end-user. 

15 (5) STATE.—The term ‘‘State’’ means any State 

16 of the United States, the District of Columbia, the 

17 Commonwealth of Puerto Rico, the Northern Mariana 

18 Islands, the Virgin Islands, Guam, American Samoa, 

19 any other territory or possession of the United States, 

20 and any political subdivision of any of the foregoing. 

21 SEC. 4. EFFECTIVE DATE; APPLICATION OF ACT. 

22 (a) EFFECTIVE DATE.—Except as provided in sub23 section (b), this Act shall take effect on the date of the enact24 ment of this Act without regard to whether the damage to 


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1 property or death or personal injury at issue occurred be2 fore such date of enactment. 

3 (b) APPLICATION OF ACT.—This Act shall not apply 

4 with respect to civil actions commenced before the date of 

5 the enactment of this Act. 


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Union Calendar No. 431 

109TH CONGRESS 

2D SESSION H. R. 3509 

[Report No. 109

–728, Part I] 

A BILL 

To establish a statute of repose for durable goods 

used in a trade or business. 

DECEMBER 8, 2006 

Committee on Energy and Commerce discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


jcorcoran on PRODPC62 with BILLS