I 

113TH CONGRESS 

1ST SESSION H. R. 1910 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2013 

Mr. CARTWRIGHT (for himself, Mr. TURNER, Mr. BRADY of Pennsylvania, Mr. 

BRALEY of Iowa, Mr. CONYERS, Mr. COURTNEY, Mr. DOGGETT, Mr. 

ELLISON, Mr. ENYART, Mr. GENE GREEN of Texas, Mr. HASTINGS of 

Florida, Mr. JOHNSON of Georgia, Mr. JONES, Mrs. MCCARTHY of New 

York, Ms. NORTON, Mr. PETERS of Michigan, Mr. RYAN of Ohio, Ms. 

LINDA T. SA ́NCHEZ of California, Ms. SHEA-PORTER, Mr. TIERNEY, Mr. 

VELA, Mr. YARMUTH, Mr. MICHAUD, Mr. GRAYSON, Mr. JOYCE, Mr. 

KEATING, Mr. PERLMUTTER, Mr. COHEN, Mr. ANDREWS, Ms. BONAMICI, 

Ms. KUSTER, Ms. EDWARDS, and Mr. POCAN) 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. 

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 2013’’. 

4 SEC. 2. FINDINGS. 

5 Congress makes the following findings: 

6 (1) Each year, many people in the United 

7 States are injured by defective products manufac8 tured or produced by foreign entities and imported 

9 into the United States. 

10 (2) Both consumers and businesses in the 

11 United States have been harmed by injuries to peo12 ple in the United States caused by defective prod13 ucts manufactured or produced by foreign entities. 

14 (3) People in the United States injured by de15 fective products manufactured or produced by for16 eign entities often have difficulty recovering damages 

17 from the foreign manufacturers and producers re18 sponsible for such injuries. 

19 (4) The difficulty described in paragraph (3) is 

20 caused by the obstacles in bringing a foreign manu21 facturer or producer into a United States court and 

22 subsequently enforcing a judgment against that 

23 manufacturer or producer. 

24 (5) Obstacles to holding a responsible foreign 

25 manufacturer or producer liable for an injury to a 


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1 person in the United States undermine the purpose 

2 of the tort laws of the United States. 

3 (6) The difficulty of applying the tort laws of 

4 the United States to foreign manufacturers and pro5 ducers puts United States manufacturers and pro6 ducers at a competitive disadvantage because United 

7 States manufacturers and producers must— 

8 (A) abide by common law and statutory 

9 safety standards; and 

10 (B) invest substantial resources to ensure 

11 that they do so. 

12 (7) Foreign manufacturers and producers can 

13 avoid the expenses necessary to make their products 

14 safe if they know that they will not be held liable for 

15 violations of United States product safety laws. 

16 (8) Businesses in the United States undertake 

17 numerous commercial relationships with foreign 

18 manufacturers, exposing the businesses to additional 

19 tort liability when foreign manufacturers or pro20 ducers evade United States courts. 

21 (9) Businesses in the United States engaged in 

22 commercial relationships with foreign manufacturers 

23 or producers often cannot vindicate their contractual 

24 rights if such manufacturers or producers seek to 

25 avoid responsibility in United States courts. 


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1 (10) One of the major obstacles facing busi2 nesses and individuals in the United States who are 

3 injured and who seek compensation for economic or 

4 personal injuries caused by foreign manufacturers 

5 and producers is the challenge of serving process on 

6 such manufacturers and producers. 

7 (11) An individual or business injured in the 

8 United States by a foreign company must rely on a 

9 foreign government to serve process when that com10 pany is located in a country that is a signatory to 

11 the Convention on the Service Abroad of Judicial 

12 and Extrajudicial Documents in Civil or Commercial 

13 Matters done at The Hague November 15, 1965 (20 

14 UST 361; TIAS 6638). 

15 (12) An injured person in the United States 

16 must rely on the cumbersome system of letters roga17 tory to effect service in a country that did not sign 

18 the Convention on the Service Abroad of Judicial 

19 and Extrajudicial Documents in Civil or Commercial 

20 Matters. These countries do not have an enforceable 

21 obligation to serve process as requested. 

22 (13) The procedures described in paragraphs 

23 (11) and (12) add time and expense to litigation in 

24 the United States, thereby discouraging or frus25 trating meritorious lawsuits brought by persons inVerDate Mar 15 2010 04:31 May 15, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1910.IH H1910

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1 jured in the United States against foreign manufac2 turers and producers. 

3 (14) Foreign manufacturers and producers 

4 often seek to avoid judicial consideration of their ac5 tions by asserting that United States courts lack 

6 personal jurisdiction over them. 

7 (15) The due process clauses of the fifth 

8 amendment to and section 1 of the fourteenth 

9 amendment to the Constitution govern United States 

10 courts’ personal jurisdiction over defendants. 

11 (16) The due process clauses described in para12 graph (15) are satisfied when a defendant consents 

13 to the jurisdiction of a court. 

14 (17) United States markets present many op15 portunities for foreign manufacturers. 

16 (18) In choosing to export products to the 

17 United States, a foreign manufacturer or producer 

18 subjects itself to the laws of the United States. Such 

19 a foreign manufacturer or producer thereby acknowl20 edges that it is subject to the personal jurisdiction 

21 of the State and Federal courts in at least one 

22 State. 

23 SEC. 3. SENSE OF CONGRESS. 

24 It is the sense of Congress that— 


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1 (1) foreign manufacturers and producers whose 

2 products are sold in the United States should not be 

3 able to avoid liability simply because of difficulties 

4 relating to serving process upon them; 

5 (2) to avoid such lack of accountability, foreign 

6 manufacturers and producers of foreign products 

7 distributed in the United States should be required, 

8 by regulation, to register an agent in the United 

9 States who is authorized to accept service of process 

10 for such manufacturer or producer; 

11 (3) it is unfair to United States consumers and 

12 businesses that foreign manufacturers and producers 

13 often seek to avoid judicial consideration of their ac14 tions by asserting that United States courts lack 

15 personal jurisdiction over them; 

16 (4) those who benefit from exporting products 

17 to United States markets should expect to be subject 

18 to the jurisdiction of at least one court within the 

19 United States; 

20 (5) exporting products to the United States 

21 should be understood as consent to the account22 ability that the legal system of the United States en23 sures for all manufacturers and producers, foreign, 

24 and domestic; 


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1 (6) exporters recognize the scope of opportuni2 ties presented to them by United States markets but 

3 also should recognize that products imported into 

4 the United States must satisfy Federal and State 

5 safety standards established by statute, regulation, 

6 and common law; 

7 (7) foreign manufacturers should recognize that 

8 they are responsible for the contracts they enter into 

9 with United States companies; 

10 (8) foreign manufacturers should act respon11 sibly and recognize that they operate within the con12 straints of the United States legal system when they 

13 export products to the United States; 

14 (9) United States laws and the laws of United 

15 States trading partners should not put burdens on 

16 foreign manufacturers and producers that do not 

17 apply to domestic companies; 

18 (10) it is fair to ensure that foreign manufac19 turers, whose products are distributed in commerce 

20 in the United States, are subject to the jurisdiction 

21 of State and Federal courts in at least one State be22 cause all United States manufacturers are subject to 

23 the jurisdiction of the State and Federal courts in 

24 at least one State; and 


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1 (11) it should be understood that, by reg2 istering an agent for service of process in the United 

3 States, the foreign manufacturer or producer ac4 knowledges consent to the jurisdiction of the State 

5 in which the registered agent is located. 

6 SEC. 4. DEFINITIONS. 

7 In this Act: 

8 (1) APPLICABLE AGENCY.—The term ‘‘applica9 ble agency’’ means, with respect to covered prod10 ucts— 

11 (A) described in subparagraphs (A) and 

12 (B) of paragraph (4), the Food and Drug Ad13 ministration; 

14 (B) described in paragraph (4)(C), the 

15 Consumer Product Safety Commission; 

16 (C) described in subparagraphs (D) and 

17 (E) of paragraph (4), the Environmental Pro18 tection Agency; and 

19 (D) described in subparagraph (F) of 

20 paragraph (4)— 

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 paragraphs (A) and (B) of paragraph (4); 


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1 (ii) the Consumer Product Safety 

2 Commission, if the item is intended to be 

3 a component part of a product described in 

4 paragraph (4)(C); and 

5 (iii) the Environmental Protection 

6 Agency, if the item is intended to be a 

7 component part of a product described in 

8 subparagraphs (D) and (E) of paragraph 

9 (4). 

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

11 trade, traffic, commerce, or transportation— 

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

13 place outside of the State; or 

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

15 or transportation described in subparagraph 

16 (A). 

17 (3) COMMISSIONER OF U.S. CUSTOMS AND BOR18 DER PROTECTION.—The term ‘‘Commissioner of 

19 U.S. Customs and Border Protection’’ means the 

20 Commissioner responsible for U.S. Customs and 

21 Border Protection of the Department of Homeland 

22 Security. 

23 (4) COVERED PRODUCT.—The term ‘‘covered 

24 product’’ means any of the following: 


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

2 terms are defined in section 201 of the Federal 

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

4 321). 

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

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

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

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

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

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

11 (D) A chemical substance or new chemical 

12 substance, as such terms are defined in section 

13 3 of the Toxic Substances Control Act (15 

14 U.S.C. 2602). 

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

16 section 2 of the Federal Insecticide, Fungicide, 

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

18 (F) An item that is intended to be a com19 ponent part of a product described in subpara20 graph (A), (B), (C), (D), or (E) but is not yet 

21 a component part of such product. 

22 (5) DISTRIBUTE IN COMMERCE.—The term 

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

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1 merce, or to hold for sale or distribution after intro2 duction into commerce. 

3 SEC. 5. REGISTRATION OF AGENTS OF FOREIGN MANUFAC4 TURERS AUTHORIZED TO ACCEPT SERVICE 

5 OF PROCESS IN THE UNITED STATES. 

6 (a) REGISTRATION.— 

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

8 is 180 days after the date on which the regulations 

9 are prescribed pursuant to subsection (e)(1) and ex10 cept as otherwise provided in this subsection, the 

11 head of each applicable agency shall require foreign 

12 manufacturers and producers of covered products 

13 distributed in commerce to establish a registered 

14 agent in the United States who is authorized to ac15 cept service of process on behalf of such manufac16 turer or producer for the purpose of any State or 

17 Federal regulatory proceeding or any civil action in 

18 any State or Federal court relating to such covered 

19 product, if such service is made in accord with the 

20 State or Federal rules for service of process in the 

21 State in which the regulatory action or case is 

22 brought. 

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

24 agency shall require that an agent of a foreign man25 ufacturer or producer registered under this subVerDate Mar 15 2010 04:31 May 15, 2013 Jkt 029200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1910.IH H1910

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1 section with respect to a covered product be located 

2 in a State with a substantial connection to the im3 portation, distribution, or sale of the covered prod4 uct. 

5 (3) DESIGNATION AND ACCEPTANCE.— 

6 (A) DESIGNATION BY FOREIGN MANUFAC7 TURERS AND PRODUCERS.—The head of each 

8 applicable agency shall require each foreign 

9 manufacturer and producer described in para10 graph (1) to provide to the applicable agency a 

11 written designation of the agent established by 

12 the foreign manufacturer or producer pursuant 

13 to paragraph (1) that— 

14 (i) is signed by an official or employee 

15 of the foreign manufacturer or producer 

16 who has authority to appoint an agent; 

17 (ii) contains the full legal name, prin18 cipal place of business, and mailing ad19 dress of the foreign manufacturer or pro20 ducer; and 

21 (iii) contains a statement that the 

22 designation is valid and binding on the for23 eign manufacturer or producer for the pur24 poses of this section. 


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1 (B) ACCEPTANCE BY AGENTS.—The head 

2 of each applicable agency shall require each 

3 agent established pursuant to paragraph (1) 

4 with respect to a foreign manufacturer or pro5 ducer to provide to the applicable agency a 

6 written acceptance of such establishment that— 

7 (i) is signed by the agent or, in the 

8 case in which a domestic firm or domestic 

9 corporation is designated as an agent, an 

10 official or employee of the firm or corpora11 tion with authority to sign for the firm or 

12 corporation; 

13 (ii) contains the agent’s full legal 

14 name, physical address, mailing address, 

15 and telephone number; 

16 (iii) contains a statement that the 

17 agent accepts such establishment and the 

18 designation by the foreign manufacturer or 

19 producer under subparagraph (A); and 

20 (iv) contains a statement that the 

21 agent acknowledges that the duties of the 

22 agent— 

23 (I) may not be assigned to an24 other person; and 


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1 (II) remain in effect until with2 drawn or replaced by the foreign man3 ufacturer or producer. 

4 (4) MINIMUM SIZE.—This subsection shall only 

5 apply to foreign manufacturers and producers that 

6 manufacture or produce covered products in excess 

7 of a minimum value or quantity the head of the ap8 plicable agency shall prescribe by rule for purposes 

9 of this section. Such rules may include different 

10 minimum values or quantities for different subcat11 egories of covered products prescribed by the head of 

12 the applicable agency for purposes of this section. 

13 (b) REGISTRY OF AGENTS OF FOREIGN MANUFAC14 TURERS.— 

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

16 shall, in cooperation with each head of an applicable 

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

18 agents registered under subsection (a). 

19 (2) AVAILABILITY.—The Secretary of Com20 merce shall make the registry established under 

21 paragraph (1) available— 

22 (A) to the public through the Internet 

23 website of the Department of Commerce; and 

24 (B) to the Commissioner of U.S. Customs 

25 and Border Protection. 


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1 (c) CONSENT TO JURISDICTION.— 

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

3 producer of a covered product that registers an 

4 agent under this section thereby consents to the per5 sonal jurisdiction of the State or Federal courts of 

6 the State in which the registered agent is located for 

7 the purpose of any regulatory proceeding or civil ac8 tion relating to such covered product. 

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

10 shall not be construed to apply to actions brought by 

11 foreign plaintiffs in which the alleged injury or dam12 age occurred outside the United States. 

13 (d) DECLARATIONS.— 

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

15 is 180 days after the date on which the regulations 

16 are prescribed pursuant to subsection (e), any per17 son importing a covered product manufactured or 

18 produced outside the United States shall provide to 

19 U.S. Customs and Border Protection a declaration 

20 that— 

21 (A) the person has made appropriate in22 quiry as to whether the manufacturer or pro23 ducer of the covered product has complied with 

24 the requirements of this section, including by 

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1 porter of the covered product and by consulting 

2 the registry established pursuant to subsection 

3 (b); and 

4 (B) to the best of the person’s knowledge, 

5 with respect to each importation of a covered 

6 product, the foreign manufacturer or producer 

7 of the product has registered an agent in the 

8 United States as required under subsection (a). 

9 (2) ELECTRONIC SUBMISSION.—Not later than 

10 1 year after the date of the enactment of this Act, 

11 the Commissioner of U.S. Customs and Border Pro12 tection shall establish a mechanism whereby declara13 tions made pursuant to paragraph (1) may be sub14 mitted electronically and maintained as an electronic 

15 record within the data management systems of U.S. 

16 Customs and Border Protection. 

17 (3) REGULATIONS.— 

18 (A) IN GENERAL.—Not later than 1 year 

19 after the date of the enactment of this Act, the 

20 Commissioner of U.S. Customs and Border 

21 Protection shall prescribe regulations to carry 

22 out this subsection. 

23 (B) SUMMARY DECLARATION.—The regu24 lations required by subparagraph (A) shall re25 quire that each declaration of an importer made 


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1 pursuant to paragraph (1) with respect to a 

2 covered product shall accompany the entry sum3 mary documentation for such product or, in the 

4 case of repeated transactions, may be submitted 

5 on an annual basis. 

6 (4) PENALTIES.—Any person who fails to pro7 vide a declaration required under paragraph (1), or 

8 files a false declaration, shall be subject to any ap9 propriate penalty under section 592 of the Tariff 

10 Act of 1930 (19 U.S.C. 1592) or title 18, United 

11 States Code, with respect to importation of a cov12 ered product. 

13 (e) REGULATIONS.— 

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

15 the date of the enactment of this Act, the Secretary 

16 of Commerce, the Commissioner of U.S. Customs 

17 and Border Protection, and each head of an applica18 ble agency shall prescribe regulations to carry out 

19 this section, including the establishment of minimum 

20 values and quantities under subsection (a)(4). 

21 (2) INTERAGENCY COOPERATION.—The Sec22 retary of Commerce, the Commissioner responsible 

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

24 head of an applicable agency shall cooperate and 

25 consult with one another for the purpose of— 


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1 (A) prescribing consistent regulations to 

2 the extent necessary for the effective and effi3 cient sharing of information and establishment 

4 of systems and procedures necessary to carry 

5 out this section; and 

6 (B) establishing minimum values and 

7 quantities under subsection (a)(4), and to the 

8 extent advisable and practicable for the purpose 

9 of establishing consistent minimum require10 ments. 

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

12 FOOD PRODUCERS AUTHORIZED TO ACCEPT 

13 SERVICE OF PROCESS IN THE UNITED 

14 STATES. 

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

16 of this Act, the Secretary of Agriculture and the Commis17 sioner of Food and Drugs shall jointly— 

18 (1) complete a study on the feasibility and ad19 visability of requiring foreign producers of food dis20 tributed in commerce to establish a registered agent 

21 in the United States who is authorized to accept 

22 service of process on behalf of such producers for 

23 the purpose of all civil and regulatory actions in 

24 State and Federal courts; and 


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

2 of the Secretary with respect to such study. 

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

4 MANUFACTURERS AND PRODUCERS OF COM5 PONENT PARTS WITHIN COVERED PROD6 UCTS. 

7 Not later than 2 years after the date of the enact8 ment of this Act, the head of each applicable agency 

9 shall— 

10 (1) complete a study on determining feasible 

11 and advisable methods of requiring manufacturers or 

12 producers of component parts within covered prod13 ucts manufactured or produced outside the United 

14 States and distributed in commerce to establish reg15 istered agents in the United States who are author16 ized to accept service of process on behalf of such 

17 manufacturers or producers for the purpose of all 

18 civil and regulatory actions in State and Federal 

19 courts; and 

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

21 of the head of the applicable agency with respect to 

22 the study. 

23 SEC. 8. RELATIONSHIP WITH OTHER LAWS. 

24 Nothing in this Act shall affect the authority of any 

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


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1 law relating to service of process or personal jurisdiction, 

2 except to the extent that such provision of law is incon3 sistent with the provisions of this Act, and then only to 

4 the extent of such inconsistency. 

Æ 


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