II

106TH CONGRESS

2D SESSION H. R. 2005

IN THE SENATE OF THE UNITED STATES

FEBRUARY 3, 2000

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To establish a statute of repose for durable goods used

in a trade or business.

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

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

3 Growth and Competitiveness Act of 1999’’.

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

5 IN A TRADE OR BUSINESS.

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

7 this Act—

8 (1) no civil action may be filed against the

9 manufacturer or seller of a durable good for damage

10 to property arising out of an accident involving that

11 durable good if the accident occurred more than 18

12 years after the date on which the durable good was

13 delivered to its first purchaser or lessee; and

14 (2) no civil action may be filed against the

15 manufacturer or seller of a durable good for dam16 ages for death or personal injury arising out of an

17 accident involving that durable good if the accident

18 occurred more than 18 years after the date on which

19 the durable good was delivered to its first purchaser

20 or lessee and if—

21 (A) the claimant has received or is eligible

22 to receive worker compensation; and

23 (B) the injury does not involve a toxic

24 harm (including, but not limited to, all asbes25 tos-related harm).

26 (b) EXCEPTIONS.—
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1 (1) IN GENERAL.—A motor vehicle, vessel, air2 craft, or train, that is used primarily to transport

3 passengers for hire shall not be subject to this Act.

4 (2) CERTAIN EXPRESS WARRANTIES.—This Act

5 does not bar a civil action against a defendant who

6 made an express warranty in writing as to the safety

7 or life expectancy of a specific product which was

8 longer than 18 years, except that this Act shall

9 apply at the expiration of that warranty.

10 (3) AVIATION LIMITATIONS PERIOD.—This Act

11 does not affect the limitations period established by

12 the General Aviation Revitalization Act of 1994 (49

13 U.S.C. 40101 note).

14 (4) ACTIONS INVOLVING THE ENVIRONMENT.—

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

16 statute or common law that authorizes an action for

17 civil damages, cost recovery, or any other form of re18 lief for remediation of the environment (as defined

19 in section 101(8) of the Comprehensive Environ20 mental Response, Compensation, and Liability Act

21 of 1980 (42 U.S.C. 9601(8)).

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

23 to subsection (b), this Act preempts and supersedes any

24 State law that establishes a statute of repose to the extent

25 such law applies to actions covered by this Act. Any action
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1 not specifically covered by this Act shall be governed by

2 applicable State law.

3 (d) TRANSITIONAL PROVISION RELATING TO EXTEN4 SION OF REPOSE PERIOD.—To the extent that this Act

5 shortens the period during which a civil action could be

6 otherwise brought pursuant to another provision of law,

7 the claimant may, notwithstanding this Act, bring the ac8 tion not later than 1 year after the date of the enactment

9 of this Act.

10 SEC. 3. DEFINITIONS.

11 In this Act:

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

13 any person who brings an action covered by this Act

14 and any person on whose behalf such an action is

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

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

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

18 behalf of a minor or incompetent, the term includes

19 the claimant’s legal guardian.

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

21 means any product, or any component of any such

22 product, which—

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

24 more years; or
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1 (ii) is of a character subject to allowance

2 for depreciation under the Internal Revenue

3 Code of 1986; and

4 (B) is—

5 (i) used in a trade or business;

6 (ii) held for the production of income;

7 or

8 (iii) sold or donated to a governmental

9 or private entity for the production of

10 goods, training, demonstration, or any

11 other similar purpose.

12 (3) STATE.—The term ‘‘State’’ means any

13 State of the United States, the District of Columbia,

14 the Commonwealth of Puerto Rico, the Northern

15 Mariana Islands, the Virgin Islands, Guam, Amer16 ican Samoa, and any other territory or possession of

17 the United States or any political subdivision of any

18 of the foregoing.

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

20 (a) EFFECTIVE DATE.—Except as provided in sub21 section (b), this Act shall take effect on the date of the

22 enactment of this Act without regard to whether the dam23 age to property or death or personal injury at issue oc24 curred before such date of enactment.
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1 (b) APPLICATION OF ACT.—This Act shall not apply

2 with respect to civil actions commenced before the date

3 of the enactment of this Act.

Passed the House of Representatives February 2,

2000.

Attest: JEFF TRANDAHL,

Clerk.