IB 
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 con-
sideration 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. 
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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 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 man-
ufacturer 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 man-
ufacturer or seller of a durable good for damages for 
death or personal injury allegedly caused by that du-
rable good if the death or personal injury occurred 
more than 12 years after the date on which the dura-
ble good was delivered to its first purchaser or lessee 
and if— 
(A) the claimant has received or is eligible 
to receive worker compensation; and 
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(B) the injury does not involve a toxic harm 
(including, but not limited to, any asbestos-re-
lated 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 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 re-
lief 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)). 
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(5) REGULATORY ACTIONS.—This Act does not 
affect regulatory enforcement actions brought by State 
or Federal agencies. 
(6) ACTIONS INVOLVING FRAUDULENT CONCEAL-
MENT.—This Act does not bar a civil action against 
a manufacturer or seller of a durable good who fraud-
ulently 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 applica-
ble State or other Federal 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 
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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— 
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(A) the manufacturer or seller of the durable 
good had actual knowledge of a defect in the du-
rable 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 deal-
er, 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 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 
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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. 
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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; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Aug 31 2005 
23:43 Dec 14, 2006
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PO 00000
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