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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4678 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4678

 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

                           February 24, 2010

     Ms. Sutton (for herself, Mr. Turner, Ms. Linda T. Sanchez of 
California, Mr. Conyers, Ms. Zoe Lofgren of California, Mrs. Miller of 
 Michigan, Mr. Braley of Iowa, Mr. Sarbanes, Ms. Ginny Brown-Waite of 
Florida, Mr. Michaud, Mr. Doggett, Mr. Jones, Mr. Duncan, Mr. Hare, Mr. 
 Kildee, Mr. Stupak, Mr. Donnelly of Indiana, Mr. Gene Green of Texas, 
Mr. Terry, Ms. Edwards of Maryland, Ms. Shea-Porter, Mr. Oberstar, Mr. 
 Ryan of Ohio, Mr. Kanjorski, Ms. Kaptur, Mr. Kagen, and Mr. Yarmuth) 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Manufacturers Legal 
Accountability Act of 2010''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Applicable agency.--The term ``applicable agency'' 
        means, with respect to covered products--
                    (A) described in subparagraphs (A) and (B) of 
                paragraph (3), the Food and Drug Administration;
                    (B) described in paragraph (3)(C), the Consumer 
                Product Safety Commission; or
                    (C) described in subparagraphs (D) and (E) of 
                paragraph (3), the Environmental Protection Agency.
            (2) Commerce.--The term ``commerce'' means trade, traffic, 
        commerce, or transportation--
                    (A) between a place in a State and any place 
                outside thereof; or
                    (B) which affects trade, traffic, commerce, or 
                transportation described in subparagraph (A).
            (3) Covered product.--The term ``covered product'' means 
        any of the following:
                    (A) Drugs, devices, and cosmetics, as such terms 
                are defined in section 201 of the Federal Food, Drug, 
                and Cosmetic Act (21 U.S.C. 321).
                    (B) A biological product, as such term is defined 
                in section 351(i) of the Public Health Service Act (42 
                U.S.C. 262(i)).
                    (C) A consumer product, as such term is used in 
                section 3(a) of the Consumer Product Safety Act (15 
                U.S.C. 2052).
                    (D) A chemical substance or new chemical substance, 
                as such terms are defined in section 3 of the Toxic 
                Substances Control Act (15 U.S.C. 2602).
                    (E) A pesticide, as such term is defined in section 
                2 of the Federal Insecticide, Fungicide, and 
                Rodenticide Act (7 U.S.C. 136).
            (4) Distribute in commerce.--The term ``distribute in 
        commerce'' means to sell in commerce, to introduce or deliver 
        for introduction into commerce, or to hold for sale or 
        distribution after introduction into commerce.

SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AUTHORIZED TO 
              ACCEPT SERVICE OF PROCESS IN THE UNITED STATES.

    (a) Registration.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act and except as provided in paragraph 
        (3), the head of each applicable agency shall require foreign 
        manufacturers and producers of covered products distributed in 
        commerce (or component parts that will be used in the United 
        States to manufacture such products) to establish a registered 
        agent in the United States who is authorized to accept service 
        of process on behalf of such manufacturer or producer for the 
        purpose of all civil and regulatory actions in State and 
        Federal courts, if such service is made in accord with the 
        State or Federal rules for service of process in the State in 
        which the case or regulatory action is brought.
            (2) Location.--The head of each applicable agency shall 
        require that an agent of a foreign manufacturer or producer 
        registered under paragraph (1) be located in a State with a 
        substantial connection to the importation, distribution, or 
        sale of the products of such foreign manufacturer or producer.
            (3) Minimum size.--Paragraph (1) shall only apply to 
        foreign manufacturers and producers that manufacture or produce 
        covered products (or component parts that will be used in the 
        United States to manufacture such products) in excess of a 
        minimum value or quantity established by the head of the 
        applicable agency under this section.
    (b) Registry of Agents of Foreign Manufacturers.--
            (1) In general.--The Secretary of Commerce shall, in 
        cooperation with each head of an applicable agency, establish 
        and keep up to date a registry of agents registered under 
        subsection (a).
            (2) Availability.--The Secretary of Commerce shall make the 
        registry established under paragraph (1) available to the 
        public through the Internet website of the Department of 
        Commerce.
    (c) Consent to Jurisdiction.--A foreign manufacturer or producer of 
covered products that registers an agent under this section thereby 
consents to the personal jurisdiction of the State and Federal courts 
of the State in which the registered agent is located for the purpose 
of any civil or regulatory proceeding.
    (d) Regulations.--Not later than the date described in subsection 
(a)(1), the Secretary of Commerce and each head of an applicable agency 
shall prescribe regulations to carry out this section.

SEC. 4. PROHIBITION OF IMPORTATION OF PRODUCTS OF MANUFACTURERS WITHOUT 
              REGISTERED AGENTS IN UNITED STATES.

    (a) In General.--Beginning on the date that is 180 days after the 
date the regulations required under section 3(d) are prescribed, a 
person may not import into the United States a covered product (or 
component part that will be used in the United States to manufacture a 
covered product) if such product (or component part) or any part of 
such product (or component part) was manufactured or produced outside 
the United States by a manufacturer or producer who does not have a 
registered agent described in section 3(a) whose authority is in effect 
on the date of the importation.
    (b) Enforcement.--The Secretary of Homeland Security shall 
prescribe regulations to enforce the prohibition in subsection (a).

SEC. 5. STUDY ON REGISTRATION OF AGENTS OF FOREIGN FOOD PRODUCERS 
              AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED 
              STATES.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Agriculture and the Commissioner of Food and Drugs 
shall jointly--
            (1) complete a study on the feasibility and advisability of 
        requiring foreign producers of food distributed in commerce to 
        establish a registered agent in the United States who is 
        authorized to accept service of process on behalf of such 
        producers for the purpose of all civil and regulatory actions 
        in State and Federal courts; and
            (2) submit to Congress a report on the findings of the 
        Secretary with respect to such study.

SEC. 6. RELATIONSHIP WITH OTHER LAWS.

    Nothing in this Act shall affect the authority of any State to 
establish or continue in effect a provision of State law relating to 
service of process or personal jurisdiction, except to the extent that 
such provision of law is inconsistent with the provisions of this Act, 
and then only to the extent of such inconsistency.
                                 <all>
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