I 

112TH CONGRESS 

1ST SESSION H. R. 3646 

To require foreign manufacturers of products imported into the United States 

to establish registered agents in the United States who are authorized 

to accept service of process against such manufacturers, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2011 

Ms. SUTTON (for herself, Mr. TURNER of Ohio, Mr. CONYERS, Ms. LINDA T. 

SA ́NCHEZ of California, Ms. ZOE LOFGREN of California, Mr. RYAN of 

Ohio, Mr. LIPINSKI, Mr. STARK, Mr. JONES, Mr. MICHAUD, Mr. ISRAEL, 

Mr. PETERS, Mr. HASTINGS of Florida, Mr. COURTNEY, Mr. ANDREWS, 

Ms. KAPTUR, Mr. JOHNSON of Georgia, Mr. HOLDEN, Mr. YARMUTH, 

Mr. MURPHY of Connecticut, Mr. CRITZ, Ms. SCHAKOWSKY, Mr. GENE

GREEN of Texas, and Mr. SARBANES) introduced the following bill; which 

was referred to the Committee on Energy and Commerce, and in addition 

to the Committees on Ways and Means and Agriculture, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To require foreign manufacturers of products imported into 

the United States to establish registered agents in the 

United States who are authorized to accept service of 

process against such manufacturers, and for other purposes. 

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 ‘‘Foreign Manufacturers 

3 Legal Accountability Act of 2011’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) APPLICABLE AGENCY.—The term ‘‘applica7 ble agency’’ means, with respect to covered prod8 ucts— 

9 (A) described in subparagraphs (A) and 

10 (B) of paragraph (3), the Food and Drug Ad11 ministration; 

12 (B) described in paragraph (3)(C), the 

13 Consumer Product Safety Commission; 

14 (C) described in subparagraphs (D) and 

15 (E) of paragraph (3), the Environmental Pro16 tection Agency; 

17 (D) described in paragraph (3)(F), the Na18 tional Highway Traffic Safety Administration; 

19 and 

20 (E) described in paragraph (3)(G)— 

21 (i) the Food and Drug Administra22 tion, if the item is intended to be a compo23 nent part of a product described in sub24 paragraph (A) or (B) of paragraph (3); 

25 (ii) the Consumer Product Safety 

26 Commission, if the item is intended to be 


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1 a component part of a product described in 

2 paragraph (3)(C); 

3 (iii) the Environmental Protection 

4 Agency, if the item is intended to be a 

5 component part of a product described in 

6 subparagraph (D) or (E) of paragraph (3); 

7 and 

8 (iv) the National Highway Traffic 

9 Safety Administration, if the item is in10 tended to be a component part of a prod11 uct described in paragraph (3)(F). 

12 (2) COMMERCE.—The term ‘‘commerce’’ means 

13 trade, traffic, commerce, or transportation— 

14 (A) between a place in a State and any 

15 place outside thereof; or 

16 (B) which affects trade, traffic, commerce, 

17 or transportation described in subparagraph 

18 (A). 

19 (3) COVERED PRODUCT.—The term ‘‘covered 

20 product’’ means any of the following: 

21 (A) Drugs, devices, and cosmetics, as such 

22 terms are defined in section 201 of the Federal 

23 Food, Drug, and Cosmetic Act (21 U.S.C. 

24 321). 


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1 (B) A biological product, as such term is 

2 defined in section 351(i) of the Public Health 

3 Service Act (42 U.S.C. 262(i)). 

4 (C) A consumer product, as such term is 

5 used in section 3(a) of the Consumer Product 

6 Safety Act (15 U.S.C. 2052). 

7 (D) A chemical substance or new chemical 

8 substance, as such terms are defined in section 

9 3 of the Toxic Substances Control Act (15 

10 U.S.C. 2602), in its imported form. 

11 (E) A pesticide, as such term is defined in 

12 section 2 of the Federal Insecticide, Fungicide, 

13 and Rodenticide Act (7 U.S.C. 136). 

14 (F) A motor vehicle or motor vehicle equip15 ment, as such terms are defined in section 

16 30102 of title 49, United States Code. 

17 (G) An item intended to be a component 

18 part of a product described in subparagraph 

19 (A), (B), (C), (D), (E), or (F) but is not yet 

20 a component part of such product. 

21 (4) DISTRIBUTE IN COMMERCE.—The term 

22 ‘‘distribute in commerce’’ means to sell in commerce, 

23 to introduce or deliver for introduction into com24 merce, or to hold for sale or distribution after intro25 duction into commerce. 


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1 SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFAC2 TURERS AUTHORIZED TO ACCEPT SERVICE 

3 OF PROCESS IN THE UNITED STATES. 

4 (a) REGISTRATION.— 

5 (1) IN GENERAL.—Beginning on the date that 

6 is 180 days after the date on which the regulations 

7 are prescribed pursuant to subsection (d) and except 

8 as provided in this subsection, the head of each ap9 plicable agency shall require foreign manufacturers 

10 and producers of covered products distributed in 

11 commerce to register an agent in the United States 

12 who is authorized to accept service of process on be13 half of such manufacturer or producer for the pur14 pose of any State or Federal regulatory proceeding 

15 or any civil action in State or Federal court related 

16 to such covered product, if such service is made in 

17 accordance with the State or Federal rules for serv18 ice of process in the State in which the case or regu19 latory action is brought. 

20 (2) LOCATION.—The head of each applicable 

21 agency shall require that an agent of a foreign man22 ufacturer or producer registered under paragraph 

23 (1) be— 

24 (A) located in a State chosen by the for25 eign manufacturer or producer with a substan26 tial connection to the importation, distribution, 


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1 or sale of the products of the foreign manufac2 turer or producer; and 

3 (B) an individual, domestic firm, or domes4 tic corporation that is a permanent resident of 

5 the United States. 

6 (3) DESIGNATION BY MANUFACTURER OR PRO7 DUCER AND ACCEPTANCE BY AGENT.—The head of 

8 each applicable agency shall, at a minimum, require 

9 a— 

10 (A) written designation by a foreign manu11 facturer or producer with respect to which 

12 paragraph (1) applies— 

13 (i) signed by an official or employee of 

14 the foreign manufacturer or producer with 

15 authority to appoint an agent; 

16 (ii) containing the full legal name, 

17 principal place of business, and mailing ad18 dress of the manufacturer or producer; and 

19 (iii) containing a statement that the 

20 designation is valid and binding on the for21 eign manufacturer or producer for the pur22 poses of this Act; or 

23 (B) written acceptance by the agent reg24 istered by a foreign manufacturer or producer 

25 with respect to which paragraph (1) applies— 


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1 (i) signed by the agent or, in the case 

2 in which a domestic firm or domestic cor3 poration is designated as an agent, an offi4 cial or employee of the firm or corporation 

5 with authority to sign for the firm or cor6 poration; 

7 (ii) containing the agent’s full legal 

8 name, physical address, mailing address, 

9 and phone number; and 

10 (iii) containing a statement that the 

11 agent accepts the designation and acknowl12 edges that the duties of the agent may not 

13 be assigned to another person or entity 

14 and the duties remain in effect until with15 drawn or replaced by the foreign manufac16 turer or producer. 

17 (4) APPLICABILITY.— 

18 (A) IN GENERAL.—Paragraph (1) applies 

19 only with respect to a foreign manufacturer or 

20 producer that exceeds minimum requirements 

21 established by the head of the applicable agency 

22 under this section. 

23 (B) FACTORS.—In determining the min24 imum requirements for application of para25 graph (1) to a foreign manufacturer or proVerDate Mar 15 2010 02:57 Dec 20, 2011 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3646.IH H3646

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1 ducer, the head of the applicable agency shall, 

2 at a minimum, consider the following: 

3 (i) The value of all covered products 

4 imported from the manufacturer or pro5 ducer in a calendar year. 

6 (ii) The quantity of all covered prod7 ucts imported from the manufacturer or 

8 producer in a calendar year. 

9 (iii) The frequency of importation 

10 from the manufacturer or producer in a 

11 calendar year. 

12 (b) REGISTRY OF AGENTS OF FOREIGN MANUFAC13 TURERS.— 

14 (1) IN GENERAL.—The Secretary of Commerce 

15 shall, in cooperation with each head of an applicable 

16 agency, establish and keep up to date a registry of 

17 agents registered under subsection (a). 

18 (2) AVAILABILITY.—The Secretary of Com19 merce shall make the registry established under 

20 paragraph (1) available— 

21 (A) to the public in a searchable format 

22 through the Internet website of the Department 

23 of Commerce; and 


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1 (B) to the Commissioner responsible for 

2 U.S. Customs and Border Protection in a for3 mat prescribed by the Commissioner. 

4 (c) CONSENT TO JURISDICTION.— 

5 (1) IN GENERAL.—A foreign manufacturer or 

6 producer of a covered product that registers an 

7 agent under this section thereby consents to the per8 sonal jurisdiction of the State and Federal courts of 

9 the State in which the registered agent is located for 

10 the purpose of any judicial proceeding related to 

11 such covered product. 

12 (2) RULE OF CONSTRUCTION.—Paragraph (1) 

13 shall not apply to actions brought by foreign plain14 tiffs where the alleged injury or damage occurred 

15 outside the United States. 

16 (d) REGULATIONS.— 

17 (1) IN GENERAL.—Not later than one year 

18 after the date of the enactment of this Act, the Sec19 retary of Commerce, the Commissioner responsible 

20 for U.S. Customs and Border Protection, and each 

21 head of an applicable agency shall prescribe regula22 tions to carry out this section. 

23 (2) INTERAGENCY COOPERATION.—The Sec24 retary of Commerce, the Commissioner responsible 

25 for U.S. Customs and Border Protection, and each 


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1 head of an applicable agency shall cooperate and 

2 consult with one another for the purpose of— 

3 (A) prescribing consistent regulations to 

4 the extent necessary for the effective and effi5 cient sharing of information and establishment 

6 of systems and procedures necessary to carry 

7 out this section; and 

8 (B) establishing minimum requirements 

9 described in subsection (a)(4), and to the extent 

10 advisable and practicable for the purpose of es11 tablishing consistent minimum requirements. 

12 SEC. 4. DECLARATION TO U.S. CUSTOMS AND BORDER PRO13 TECTION. 

14 (a) DECLARATION.—Beginning on the date that is 

15 180 days after the date on which the regulations required 

16 under section 3(d) are prescribed, any person importing 

17 into the United States a covered product if such product 

18 was manufactured or produced outside the United States 

19 shall provide to U.S. Customs and Border Protection a 

20 declaration that— 

21 (1) the person has made appropriate inquiry as 

22 to whether the manufacturer or producer of the cov23 ered product has complied with the requirements of 

24 section 3, including by seeking appropriate docu25 mentation from the exporter of the covered product 


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1 and by consulting the registry established pursuant 

2 to section 3(b); and 

3 (2) to the best of the person’s knowledge, with 

4 respect to each importation of a covered product, the 

5 foreign manufacturer or producer of the product has 

6 registered an agent in the United States as required 

7 under section (3)(a). 

8 (b) PENALTIES.—An importer who fails to provide a 

9 declaration required under subsection (a), or files a false 

10 declaration, shall be subject to the applicable penalty 

11 under section 592 of the Tariff Act of 1930 (19 U.S.C. 

12 1592) or under title 18, United States Code, with respect 

13 to importation of a covered product. 

14 (c) REGULATIONS.— 

15 (1) IN GENERAL.—Not later than 1 year after 

16 the date of the enactment of this Act, the Commis17 sioner of U.S. Customs and Border Protection shall 

18 prescribe regulations to carry out this section. The 

19 regulations shall provide that the declaration of the 

20 importer required under subsection (a) shall accom21 pany the entry summary documentation or, in the 

22 case of repeated transactions, may be submitted on 

23 an annual basis. 

24 (2) FORM.—The regulations shall provide for 

25 the declaration to be submitted electronically and 


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1 maintained as an electronic record within the data 

2 management systems of U.S. Customs and Border 

3 Protection. 

4 SEC. 5. REPORTING OF DEFECTS IN COVERED PRODUCTS 

5 IN FOREIGN COUNTRIES. 

6 (a) DETERMINATION BY MANUFACTURER OR PRO7 DUCER.—Not later than 5 working days after determining 

8 to conduct a safety recall or other safety campaign in a 

9 foreign country of a covered product that is identical or 

10 substantially similar to a covered product offered for sale 

11 in the United States, the manufacturer or producer of the 

12 covered product shall report the determination to the head 

13 of the applicable agency. 

14 (b) DETERMINATION BY FOREIGN GOVERNMENT.— 

15 Not later than 5 working days after receiving notification 

16 that the government of a foreign country has determined 

17 that a safety recall or other safety campaign must be con18 ducted in the foreign country of a covered product that 

19 is identical or substantially similar to a covered product 

20 offered for sale in the United States, the manufacturer 

21 or producer of the covered product shall report the deter22 mination to the head of the applicable agency. 

23 (c) REPORTING REQUIREMENTS.—Not later than the 

24 date described in subsection (d), the head of each applicaVerDate Mar 15 2010 02:57 Dec 20, 2011 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H3646.IH H3646

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1 ble agency shall prescribe the contents of the notification 

2 required by this section. 

3 (d) EFFECTIVE DATE.—Except as provided in sub4 section (c), this section shall take effect on the date that 

5 is one year after the date of the enactment of this Act. 

6 SEC. 6. STUDY ON REGISTRATION OF AGENTS OF FOREIGN 

7 FOOD PRODUCERS AUTHORIZED TO ACCEPT 

8 SERVICE OF PROCESS IN THE UNITED 

9 STATES. 

10 Not later than 1 year after the date of the enactment 

11 of this Act, the Secretary of Agriculture and the Commis12 sioner of Food and Drugs shall jointly— 

13 (1) complete a study on the feasibility and ad14 visability of requiring foreign producers of food dis15 tributed in commerce to register an agent in the 

16 United States who is authorized to accept service of 

17 process on behalf of such producers for the purpose 

18 of any State or Federal regulatory proceeding or any 

19 civil action in State or Federal court related to such 

20 food products; and 

21 (2) submit to Congress a report on the findings 

22 of the Secretary with respect to such study. 


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1 SEC. 7. STUDY ON REGISTRATION OF AGENTS OF FOREIGN 

2 MANUFACTURERS AND PRODUCERS OF COM3 PONENT PARTS WITHIN COVERED PROD4 UCTS. 

5 Not later than 2 years after the date of the enact6 ment of this Act, the head of each applicable agency 

7 shall— 

8 (1) complete a study on determining feasible 

9 and advisable methods of requiring manufacturers or 

10 producers of component parts within covered prod11 ucts manufactured or produced outside the United 

12 States and distributed in commerce to register 

13 agents in the United States who are authorized to 

14 accept service of process on behalf of such manufac15 turers or producers for the purpose of any State or 

16 Federal regulatory proceeding or any civil action in 

17 State or Federal court related to such component 

18 parts; and 

19 (2) submit to Congress a report on the findings 

20 of the head of the applicable agency with respect to 

21 the study. 


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1 SEC. 8. STUDY ON ENFORCEMENT OF UNITED STATES 

2 JUDGMENTS RELATING TO DEFECTIVE 

3 DRYWALL IMPORTED FROM CHINA. 

4 Not later than 1 year after the date of the enactment 

5 of this Act, the Comptroller General of the United States 

6 shall— 

7 (1) complete a study on methods to enforce 

8 judgments of any State or Federal regulatory pro9 ceeding or any civil action in State or Federal court 

10 relating to defective drywall imported from the Peo11 ple’s Republic of China and distributed in commerce 

12 during the period 2004 through 2007 and used in 

13 residential dwellings in the United States; and 

14 (2) submit to Congress a report on the findings 

15 of the Comptroller General with respect to the study. 

16 SEC. 9. RELATIONSHIP WITH OTHER LAWS. 

17 Nothing in this Act shall affect the authority of any 

18 State to establish or continue in effect a provision of State 

19 law relating to service of process or personal jurisdiction, 

20 except to the extent that such provision of law is incon21 sistent with the provisions of this Act, and then only to 

22 the extent of such inconsistency. 

Æ 


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