IB 

Union Calendar No. 413 

111TH CONGRESS 

2D SESSION H. R. 4678 

[Report No. 111–683, Part I] 

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 

DECEMBER 16, 2010 

Reported from the Committee on Energy and Commerce with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 16, 2010 

Referral to the Committees on Ways and Means and Agriculture extended for 

a period ending not later than December 17, 2010 

DECEMBER 17, 2010 

Referral to the Committees on Ways and Means and Agriculture extended for 

a period ending not later than December 21, 2010 


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DECEMBER 21, 2010 

Referral to the Committees on Ways and Means and Agriculture extended for 

a period ending not later than December 22, 2010 

DECEMBER 22, 2010 

Additional sponsors: Mr. MELANCON, Mr. ELLSWORTH, Mr. LIPINSKI, Mr. 

HALL of New York, Mr. GARAMENDI, Mr. DAVIS of Tennessee, Mr. DINGELL, Ms. PINGREE of Maine, Ms. CHU, Mr. STARK, Mr. JACKSON of 

Illinois, Mr. ELLISON, Ms. MCCOLLUM, Mr. VISCLOSKY, Mr. BRIGHT, 

Mr. SHERMAN, Mr. HOLDEN, Mr. JOHNSON of Georgia, Ms. SPEIER, Mr. 

FILNER, Ms. FUDGE, Mr. HEINRICH, Mr. CARNEY, Mr. SIRES, Mr. 

COURTNEY, Ms. TITUS, Mr. MOLLOHAN, Mr. MEEKS of New York, Mr. 

ISRAEL, Ms. RICHARDSON, Mr. WEINER, Mr. PETERS, Mr. TEAGUE, Mr. 

SPACE, Mr. DRIEHAUS, Mr. PAYNE, Mr. TIM MURPHY of Pennsylvania, 

and Mr. SMITH of Washington 

DECEMBER 22, 2010 

The Committees on Ways and Means and Agriculture 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 February 24, 2010] 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Manufacturers 

5 Legal Accountability Act of 2010’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) APPLICABLE AGENCY.—The term ‘‘applicable 

9 agency’’ means, with respect to covered products— 

10 (A) described in subparagraphs (A) and (B) 

11 of paragraph (3), the Food and Drug Adminis12 tration; 

13 (B) described in paragraph (3)(C), the Con14 sumer Product Safety Commission; 

15 (C) described in subparagraphs (D) and (E) 

16 of paragraph (3), the Environmental Protection 

17 Agency; 

18 (D) described in paragraph (3)(F), the Na19 tional Highway Traffic Safety Administration; 

20 and 

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

22 (i) the Food and Drug Administration, 

23 if the item is intended to be a component 

24 part of a product described in subpara25 graphs (A) or (B) of paragraph (3); 


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1 (ii) the Consumer Product Safety Com2 mission, if the item is intended to be a com3 ponent part of a product described in para4 graph (3)(C); 

5 (iii) the Environmental Protection 

6 Agency, if the item is intended to be a com7 ponent part of a product described in sub8 paragraphs (D) or (E) of paragraph (3); 

9 and 

10 (iv) the National Highway Traffic 

11 Safety Administration, if the item is in12 tended to be a component part of a product 

13 described in paragraph (3)(F). 

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

15 trade, traffic, commerce, or transportation— 

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

17 place outside thereof; or 

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

19 or transportation described in subparagraph (A). 

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

21 product’’ means any of the following: 

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

23 terms are defined in section 201 of the Federal 

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

9 of the Toxic Substances Control Act (15 U.S.C. 

10 2602). 

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 30102 

16 of title 49, United States Code. 

17 (G) An item intended to be a component 

18 part of a product described in subparagraph (A), 

19 (B), (C), (D), (E), or (F) but is not yet a compo20 nent part of such product. 

21 (4) DISTRIBUTE IN COMMERCE.—The term ‘‘dis22 tribute in commerce’’ means to sell in commerce, to 

23 introduce or deliver for introduction into commerce, 

24 or to hold for sale or distribution after introduction 

25 into commerce. 


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1 (5) FOREIGN MANUFACTURER OR PRODUCER.— 

2 The term ‘‘foreign manufacturer or producer’’ does 

3 not include— 

4 (A) a foreign manufacturer or producer of 

5 covered products that is owned or controlled, di6 rectly or indirectly, by one or more United 

7 States natural or legal persons, if— 

8 (i) the United States natural or legal 

9 person has assets in excess of the foreign 

10 manufacturer or producer; or 

11 (ii) the United States natural or legal 

12 person owns or controls more than one for13 eign manufacturer or producer of covered 

14 products and such person has assets in ex15 cess of the average assets held by each for16 eign manufacturer or producer; or 

17 (B) a foreign manufacturer or producer of 

18 covered products that owns or controls, or 

19 through common ownership or control is affili20 ated with, directly or indirectly, one or more 

21 United States operating legal persons if the prin22 cipal executive officer residing in the United 

23 States of each United States operating legal per24 son certifies in writing to the applicable agency 

25 that such person— 


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1 (i) is responsible for any liability from 

2 a covered product of the foreign manufac3 turer or producer, including liability from 

4 the design, testing, assembly, manufac5 turing, warnings, labeling, inspection, pack6 aging, or any other cause of action related 

7 to the covered product; and 

8 (ii) will serve as the initial point of 

9 contact for the applicable agency in case of 

10 a voluntary or mandatory recall or other 

11 issue involving the safety of a covered prod12 uct. 

13 SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFAC14 TURERS AUTHORIZED TO ACCEPT SERVICE 

15 OF PROCESS IN THE UNITED STATES. 

16 (a) REGISTRATION.— 

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

18 180 days after the date on which the regulations are 

19 prescribed pursuant to section 3(d) and except as pro20 vided in this subsection, the head of each applicable 

21 agency shall require foreign manufacturers and pro22 ducers of covered products distributed in commerce to 

23 register an agent in the United States who is author24 ized to accept service of process on behalf of such 

25 manufacturer or producer for the purpose of any 


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1 State or Federal regulatory proceeding or any civil 

2 action in State or Federal court related to such cov3 ered product, if such service is made in accordance 

4 with the State or Federal rules for service of process 

5 in the State in which the case or regulatory action is 

6 brought. 

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

8 agency shall require that an agent of a foreign manu9 facturer or producer registered under paragraph (1) 

10 be— 

11 (A) located in a State chosen by the foreign 

12 manufacturer or producer with a substantial 

13 connection to the importation, distribution, or 

14 sale of the products of the foreign manufacturer 

15 or producer; and 

16 (B) an individual, domestic firm, or domes17 tic corporation that is a permanent resident of 

18 the United States. 

19 (3) DESIGNATION BY MANUFACTURER OR PRO20 DUCER AND ACCEPTANCE BY AGENT.—The head of 

21 each applicable agency shall, at a minimum, require 

22 a— 

23 (A) written designation by a foreign manu24 facturer or producer with respect to which para25 graph (1) applies— 


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1 (i) signed by an official or employee of 

2 the foreign manufacturer or producer with 

3 authority to appoint an agent; 

4 (ii) containing the full legal name, 

5 principal place of business, and mailing ad6 dress of the manufacturer or producer; and 

7 (iii) containing a statement that the 

8 designation is valid and binding on the for9 eign manufacturer or producer for the pur10 poses of this Act. 

11 (B) written acceptance by the agent reg12 istered by a foreign manufacturer or producer 

13 with respect to which paragraph (1) applies— 

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

15 in which a domestic firm or domestic cor16 poration is designated as an agent, an offi17 cial or employee of the firm or corporation 

18 with authority to sign for the firm or cor19 poration; 

20 (ii) containing the agent’s full legal 

21 name, physical address, mailing address, 

22 and phone number; and 

23 (iii) containing a statement that the 

24 agent accepts the designation and acknowl25 edges that the duties of the agent may not 


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1 be assigned to another person or entity and 

2 the duties remain in effect until withdrawn 

3 or replaced by the foreign manufacturer or 

4 producer. 

5 (4) APPLICABILITY.— 

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

7 only with respect to a foreign manufacturer or 

8 producer that exceeds minimum requirements es9 tablished by the head of the applicable agency 

10 under this section. 

11 (B) FACTORS.—In determining the min12 imum requirements for application of paragraph 

13 (1) to a foreign manufacturer or producer, the 

14 head of the applicable agency shall, at a min15 imum, consider the following: 

16 (i) The value of all covered products 

17 imported from the manufacturer or pro18 ducer in a calendar year. 

19 (ii) The quantity of all covered prod20 ucts imported from the manufacturer or 

21 producer in a calendar year. 

22 (iii) The frequency of importation from 

23 the manufacturer or producer in a calendar 

24 year. 


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1 (b) REGISTRY OF AGENTS OF FOREIGN MANUFACTUR2 ERS AND CERTIFICATIONS.— 

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

4 shall, in cooperation with each head of an applicable 

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

6 agents registered under subsection (a), certifications 

7 submitted under section 2(5)(B), and certifications re8 moved pursuant to subsection (e). 

9 (2) AVAILABILITY.—The Secretary of Commerce 

10 shall make the registry established under paragraph 

11 (1) available— 

12 (A) to the public in a searchable format 

13 through the Internet website of the Department of 

14 Commerce; and 

15 (B) to the Commissioner responsible for 

16 U.S. Customs and Border Protection in a format 

17 prescribed by the Commissioner. 

18 (c) CONSENT TO JURISDICTION.— 

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

20 producer of a covered product that registers an agent 

21 under this section thereby consents to the personal ju22 risdiction of the State and Federal courts of the State 

23 in which the registered agent is located for the pur24 pose of any judicial proceeding related to such covered 

25 product. 


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

2 shall not apply to actions brought by foreign plain3 tiffs where the alleged injury or damage occurred out4 side the United States. 

5 (d) REGULATIONS.— 

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

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

8 Commerce, the Commissioner responsible for U.S. 

9 Customs and Border Protection, and each head of an 

10 applicable agency shall prescribe regulations to carry 

11 out this section. 

12 (2) INTERAGENCY COOPERATION.—The Secretary 

13 of Commerce, the Commissioner responsible for U.S. 

14 Customs and Border Protection, and each head of an 

15 applicable agency shall cooperate and consult with 

16 one another for the purpose of— 

17 (A) prescribing consistent regulations to the 

18 extent necessary for the effective and efficient 

19 sharing of information and establishment of sys20 tems and procedures necessary to carry out this 

21 section; and 

22 (B) establishing minimum requirements de23 scribed in subsection (a)(4), and to the extent ad24 visable and practicable for the purpose of estab25 lishing consistent minimum requirements. 


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1 (e) CERTIFICATION REQUIREMENTS.—Upon actual 

2 knowledge or verified information that any person to whom 

3 the requirements of section 2(5)(B) applies has failed to ful4 fill such requirements the applicable agency shall— 

5 (1) notify the Secretary of Commerce that the 

6 certification of such person must be removed from the 

7 registry under section 3(b); and 

8 (2) notify such person that the related foreign 

9 manufacturer or producer must comply with section 

10 3. 

11 SEC. 4. PROHIBITION OF IMPORTATION OF PRODUCTS OF 

12 MANUFACTURERS WITHOUT REGISTERED 

13 AGENTS IN UNITED STATES. 

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

15 days after the date the regulations required under section 

16 3(d) are prescribed, a person may not import into the 

17 United States a covered product (or component part that 

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

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

20 of such product (or component part) was manufactured or 

21 produced outside the United States by a manufacturer or 

22 producer who does not have a registered agent described in 

23 section 3(a) whose authority is in effect on the date of the 

24 importation. 


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1 (b) ENFORCEMENT.—The Secretary of Homeland Se2 curity shall prescribe regulations to enforce the prohibition 

3 in subsection (a). 

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.—Not 

15 later than 5 working days after receiving notification that 

16 the government of a foreign country has determined that 

17 a safety recall or other safety campaign must be conducted 

18 in the foreign country of a covered product that is identical 

19 or substantially similar to a covered product offered for sale 

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

21 covered product shall report the determination to the head 

22 of the applicable agency. 

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

24 date described in subsection (d), the head of each applicable 


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1 agency shall prescribe the contents of the notification re2 quired 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 advis14 ability of requiring foreign producers of food distrib15 uted in commerce to register an agent in the United 

16 States who is authorized to accept service of process 

17 on behalf of such producers for the purpose of any 

18 State or Federal regulatory proceeding or any civil 

19 action in State or Federal court related to such food 

20 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 PRODUCTS. 

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

5 of this Act, the head of each applicable agency shall— 

6 (1) complete a study on determining feasible and 

7 advisable methods of requiring manufacturers or pro8 ducers of component parts within covered products 

9 manufactured or produced outside the United States 

10 and distributed in commerce to register agents in the 

11 United States who are authorized to accept service of 

12 process on behalf of such manufacturers or producers 

13 for the purpose of any State or Federal regulatory 

14 proceeding or any civil action in State or Federal 

15 court related to such component parts; and 

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

17 of the head of the applicable agency with respect to 

18 the study. 

19 SEC. 8. STUDY ON ENFORCEMENT OF UNITED STATES 

20 JUDGMENTS RELATING TO DEFECTIVE 

21 DRYWALL IMPORTED FROM CHINA. 

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

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

24 shall— 

25 (1) complete a study on methods to enforce judg26 ments of any State or Federal regulatory proceeding 


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1 or any civil action in State or Federal court relating 

2 to defective drywall imported from the People’s Re3 public of China and distributed in commerce during 

4 the period 2004 through 2007 and used in residential 

5 dwellings in the United States; and 

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

7 of the Comptroller General with respect to the study. 

8 SEC. 9. RELATIONSHIP WITH OTHER LAWS. 

9 Nothing in this Act shall affect the authority of any 

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

11 law relating to service of process or personal jurisdiction, 

12 except to the extent that such provision of law is incon13 sistent with the provisions of this Act, and then only to 

14 the extent of such inconsistency. 


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Union Calendar No. 413 

111TH CONGRESS 

2D SESSION H. R. 4678 

[Report No. 111–683, Part I] 

A BILL 

To require foreign manufacturers of products immanufacturers, and for other purposes. thorized to accept service of process against such istered agents in the United States who are au- ported into the United States to establish regDECEMBER 22, 2010 The Committees on Ways and Means and Agriculture 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


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