I 
109TH CONGRESS 
1ST SESSION H. R. 3509 
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 
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 Representa-
tives 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 2005’’. 
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 arising out of an accident involving that 
durable good if the accident 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 dam-
ages for death or personal injury arising out of an 
accident involving that durable good if the accident 
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 asbes-
tos-related harm). 
(b) EXCEPTIONS.— 
(1) IN GENERAL.—A motor vehicle, vessel, air-
craft, 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 expect-
ancy 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 re-
lief for remediation of the environment (as defined 
in section 101(8) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9601(8)). 
(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 law. 
(d) TRANSITIONAL PROVISION RELATING TO EXTEN-
SION OF REPOSE PERIOD.—To the extent that this Act 
shortens the period during which a civil action could other-
wise 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) 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, Amer-
ican 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 sub-
section (b), this Act shall take effect on the date of the 
enactment of this Act without regard to whether the dam-
age to property or death or personal injury at issue oc-
curred 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. 
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