(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).
(c) EFFECT ON STATE LAW; PREEMPTION.—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 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, American Samoa,
and any other territory or possession of the United
States or any political subdivision of any of the fore-
going.
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 enact-
ment of this Act without regard to whether the damage to
property or death or personal injury at issue occurred be-
fore 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. 236
106TH CONGRESS
1ST SESSION
H. R. 2005
[Report No. 106–410, Part I]
A BILL
To establish a statute of repose for durable goods
used in a trade or business.
OCTOBER 22, 1999
The Committee on Commerce discharged; committed to
the Committee of the Whole House on the State of the
Union and ordered to be printed