`[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3509 Reported in House (RH)]







                                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Workplace Goods Job Growth and 
Competitiveness Act of 2006''.

SEC. 2. STATUTE OF REPOSE FOR DURABLE GOODS USED IN A TRADE OR 
              BUSINESS.

    (a) In General.--Except as otherwise provided in this Act--
            (1) no civil action may be filed against the manufacturer 
        or seller of a durable good for damage to property allegedly 
        caused by that durable good if the damage to property occurred 
        more than 12 years after the date on which the durable good was 
        delivered to its first purchaser or lessee; and
            (2) no civil action may be filed against the manufacturer 
        or seller of a durable good for damages for death or personal 
        injury allegedly caused by that durable good if the death or 
        personal injury occurred more than 12 years after the date on 
        which the durable good was delivered to its first purchaser or 
        lessee and if--
                    (A) the claimant has received or is eligible to 
                receive worker compensation; and
                    (B) the injury does not involve a toxic harm 
                (including, but not limited to, any asbestos-related 
                harm).
    (b) Exceptions.--
            (1) In general.--A motor vehicle, vessel, aircraft, or 
        train, that is used primarily to transport passengers for hire, 
        shall not be subject to this Act.
            (2) Certain express warranties.--This Act does not bar a 
        civil action against a defendant who made an express warranty 
        in writing, for a period of more than 12 years, as to the 
        safety or life expectancy of a specific product, except that 
        this Act shall apply at the expiration of that warranty.
            (3) Aviation limitations period.--This Act does not affect 
        the limitations period established by the General Aviation 
        Revitalization Act of 1994 (49 U.S.C. 40101 note).
            (4) Actions involving the environment.--Subsection (a)(1) 
        does not supersede or modify any statute or common law that 
        authorizes an action for civil damages, cost recovery, or any 
        other form of relief for remediation of the environment (as 
        defined in section 101(8) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601(8)).
            (5) Regulatory actions.--This Act does not affect 
        regulatory enforcement actions brought by State or Federal 
        agencies.
            (6) Actions involving fraudulent concealment.--This Act 
        does not bar a civil action against a manufacturer or seller of 
        a durable good who fraudulently concealed a defect in the 
        durable good.
    (c) Effect on State Law; Preemption.--Subject to subsection (b), 
this Act preempts and supersedes any State law that establishes a 
statute of repose to the extent such law applies to actions covered by 
this Act. Any action not specifically covered by this Act shall be 
governed by applicable State or other Federal law.
    (d) Transitional Provision Relating to Extension of Repose 
Period.--To the extent that this Act shortens the period during which a 
civil action could otherwise be brought pursuant to another provision 
of law, the claimant may, notwithstanding this Act, bring the action 
not later than 1 year after the date of the enactment of this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Claimant.--The term ``claimant'' means any person who 
        brings an action covered by this Act and any person on whose 
        behalf such an action is brought. If such an action is brought 
        through or on behalf of an estate, the term includes the 
        claimant's decedent. If such an action is brought through or on 
        behalf of a minor or incompetent, the term includes the 
        claimant's legal guardian.
            (2) Durable good.--The term ``durable good'' means any 
        product, or any component of any such product, which--
                    (A)(i) has a normal life expectancy of 3 or more 
                years; or
                    (ii) is of a character subject to allowance for 
                depreciation under the Internal Revenue Code of 1986; 
                and
                    (B) is--
                            (i) used in a trade or business;
                            (ii) held for the production of income; or
                            (iii) sold or donated to a governmental or 
                        private entity for the production of goods, 
                        training, demonstration, or any other similar 
                        purpose.
            (3) Fraudulently concealed.--With respect to a durable 
        good, the term ``fraudulently concealed'' means that--
                    (A) the manufacturer or seller of the durable good 
                had actual knowledge of a defect in the durable good;
                    (B) the defect in the durable good was the 
                proximate cause of the harm to the claimant; and
                    (C) the manufacturer or seller of the durable good 
                affirmatively suppressed or hid, with the intent to 
                deceive or defraud, the existence of such defect.
            (4) Seller.--The term ``seller'' means any dealer, 
        retailer, wholesaler, or distributer in the stream of commerce 
        of a durable good concluding with the sale or lease of the 
        durable good to the first end-user.
            (5) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Northern Mariana Islands, the Virgin Islands, 
        Guam, American Samoa, any other territory or possession of the 
        United States, and any political subdivision of any of the 
        foregoing.

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 without 
regard to whether the damage to property or death or personal injury at 
issue occurred before such date of enactment.
    (b) Application of Act.--This Act shall not apply with respect to 
civil actions commenced before the date of the enactment of this Act.
                                                 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; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed`