I 

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. SA ́NCHEZ 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. SHEAPORTER, 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. 

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 2010’’. 

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; or 

14 (C) described in subparagraphs (D) and 

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

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

18 trade, traffic, commerce, or transportation— 

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

20 place outside thereof; or 

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

22 or transportation described in subparagraph 

23 (A). 

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

25 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 (4) DISTRIBUTE IN COMMERCE.—The term 

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

20 to introduce or deliver for introduction into com21 merce, or to hold for sale or distribution after intro22 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.—Not later than 180 days 

6 after the date of the enactment of this Act and ex7 cept as provided in paragraph (3), the head of each 

8 applicable agency shall require foreign manufactur9 ers and producers of covered products distributed in 

10 commerce (or component parts that will be used in 

11 the United States to manufacture such products) to 

12 establish a registered agent in the United States 

13 who is authorized to accept service of process on be14 half of such manufacturer or producer for the pur15 pose of all civil and regulatory actions in State and 

16 Federal courts, if such service is made in accord 

17 with the State or Federal rules for service of process 

18 in the State in which the case or regulatory action 

19 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 located in a State with a substantial connec24 tion to the importation, distribution, or sale of the 

25 products of such foreign manufacturer or producer. 


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1 (3) MINIMUM SIZE.—Paragraph (1) shall only 

2 apply to foreign manufacturers and producers that 

3 manufacture or produce covered products (or compo4 nent parts that will be used in the United States to 

5 manufacture such products) in excess of a minimum 

6 value or quantity established by the head of the ap7 plicable agency under this section. 

8 (b) REGISTRY OF AGENTS OF FOREIGN MANUFAC9 TURERS.— 

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

11 shall, in cooperation with each head of an applicable 

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

13 agents registered under subsection (a). 

14 (2) AVAILABILITY.—The Secretary of Com15 merce shall make the registry established under 

16 paragraph (1) available to the public through the 

17 Internet website of the Department of Commerce. 

18 (c) CONSENT TO JURISDICTION.—A foreign manu19 facturer or producer of covered products that registers an 

20 agent under this section thereby consents to the personal 

21 jurisdiction of the State and Federal courts of the State 

22 in which the registered agent is located for the purpose 

23 of any civil or regulatory proceeding. 

24 (d) REGULATIONS.—Not later than the date de25 scribed in subsection (a)(1), the Secretary of Commerce 


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1 and each head of an applicable agency shall prescribe reg2 ulations to carry out this section. 

3 SEC. 4. PROHIBITION OF IMPORTATION OF PRODUCTS OF 

4 MANUFACTURERS WITHOUT REGISTERED 

5 AGENTS IN UNITED STATES. 

6 (a) IN GENERAL.—Beginning on the date that is 180 

7 days after the date the regulations required under section 

8 3(d) are prescribed, a person may not import into the 

9 United States a covered product (or component part that 

10 will be used in the United States to manufacture a covered 

11 product) if such product (or component part) or any part 

12 of such product (or component part) was manufactured 

13 or produced outside the United States by a manufacturer 

14 or producer who does not have a registered agent de15 scribed in section 3(a) whose authority is in effect on the 

16 date of the importation. 

17 (b) ENFORCEMENT.—The Secretary of Homeland Se18 curity shall prescribe regulations to enforce the prohibition 

19 in subsection (a). 


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1 SEC. 5. STUDY ON REGISTRATION OF AGENTS OF FOREIGN 

2 FOOD PRODUCERS AUTHORIZED TO ACCEPT 

3 SERVICE OF PROCESS IN THE UNITED 

4 STATES. 

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

6 of this Act, the Secretary of Agriculture and the Commis7 sioner of Food and Drugs shall jointly— 

8 (1) complete a study on the feasibility and ad9 visability of requiring foreign producers of food dis10 tributed in commerce to establish a registered agent 

11 in the United States who is authorized to accept 

12 service of process on behalf of such producers for 

13 the purpose of all civil and regulatory actions in 

14 State and Federal courts; and 

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

16 of the Secretary with respect to such study. 

17 SEC. 6. RELATIONSHIP WITH OTHER LAWS. 

18 Nothing in this Act shall affect the authority of any 

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

20 law relating to service of process or personal jurisdiction, 

21 except to the extent that such provision of law is incon22 sistent with the provisions of this Act, and then only to 

23 the extent of such inconsistency. 

Æ 


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