I
107TH CONGRESS
1ST SESSION
H. R. 940
To establish a statute of repose for durable goods used in a trade or business.
IN THE HOUSE OF REPRESENTATIVES
MARCH 8, 2001
Mr. CHABOT (for himself, Ms. KAPTUR, Mr. GEKAS, and Mr. SHIMKUS) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
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 2001’’.
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 18
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 18 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 as to the safety
or life expectancy of a specific product which was
longer than 18 years, 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 be
otherwise brought pursuant to another provision of law,
the claimant may, notwithstanding this Act, bring the ac-
tion 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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