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 Michi-
gan, 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. KAP-
TUR, 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 consider-
ation 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. DIN-
GELL, 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 or-
dered 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 pur-
poses. 
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Be it enacted by the Senate and House of Representa-
tives 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 Adminis-
tration; 
(B) described in paragraph (3)(C), the Con-
sumer Product Safety Commission; 
(C) described in subparagraphs (D) and (E) 
of paragraph (3), the Environmental Protection 
Agency; 
(D) described in paragraph (3)(F), the Na-
tional Highway Traffic Safety Administration; 
and 
(E) described in paragraph (3)(G)— 
(i) the Food and Drug Administration, 
if the item is intended to be a component 
part of a product described in subpara-
graphs (A) or (B) of paragraph (3); 
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(ii) the Consumer Product Safety Com-
mission, if the item is intended to be a com-
ponent part of a product described in para-
graph (3)(C); 
(iii) the Environmental Protection 
Agency, if the item is intended to be a com-
ponent part of a product described in sub-
paragraphs (D) or (E) of paragraph (3); 
and 
(iv) the National Highway Traffic 
Safety Administration, if the item is in-
tended to be a component part of a product 
described in paragraph (3)(F). 
(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). 
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(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). 
(F) A motor vehicle or motor vehicle equip-
ment, as such terms are defined in section 30102 
of title 49, United States Code. 
(G) An item intended to be a component 
part of a product described in subparagraph (A), 
(B), (C), (D), (E), or (F) but is not yet a compo-
nent part of such product. 
(4) DISTRIBUTE IN COMMERCE.—The term ‘‘dis-
tribute 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. 
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(5) FOREIGN MANUFACTURER OR PRODUCER.— 
The term ‘‘foreign manufacturer or producer’’ does 
not include— 
(A) a foreign manufacturer or producer of 
covered products that is owned or controlled, di-
rectly or indirectly, by one or more United 
States natural or legal persons, if— 
(i) the United States natural or legal 
person has assets in excess of the foreign 
manufacturer or producer; or 
(ii) the United States natural or legal 
person owns or controls more than one for-
eign manufacturer or producer of covered 
products and such person has assets in ex-
cess of the average assets held by each for-
eign manufacturer or producer; or 
(B) a foreign manufacturer or producer of 
covered products that owns or controls, or 
through common ownership or control is affili-
ated with, directly or indirectly, one or more 
United States operating legal persons if the prin-
cipal executive officer residing in the United 
States of each United States operating legal per-
son certifies in writing to the applicable agency 
that such person— 
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(i) is responsible for any liability from 
a covered product of the foreign manufac-
turer or producer, including liability from 
the design, testing, assembly, manufac-
turing, warnings, labeling, inspection, pack-
aging, or any other cause of action related 
to the covered product; and 
(ii) will serve as the initial point of 
contact for the applicable agency in case of 
a voluntary or mandatory recall or other 
issue involving the safety of a covered prod-
uct. 
SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFAC-
TURERS AUTHORIZED TO ACCEPT SERVICE 
OF PROCESS IN THE UNITED STATES. 
(a) REGISTRATION.— 
(1) IN GENERAL.—Beginning on the date that is 
180 days after the date on which the regulations are 
prescribed pursuant to section 3(d) and except as pro-
vided in this subsection, the head of each applicable 
agency shall require foreign manufacturers and pro-
ducers of covered products distributed in commerce to 
register an agent in the United States who is author-
ized to accept service of process on behalf of such 
manufacturer or producer for the purpose of any 
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State or Federal regulatory proceeding or any civil 
action in State or Federal court related to such cov-
ered product, if such service is made in accordance 
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 manu-
facturer or producer registered under paragraph (1) 
be— 
(A) located in a State chosen by the foreign 
manufacturer or producer with a substantial 
connection to the importation, distribution, or 
sale of the products of the foreign manufacturer 
or producer; and 
(B) an individual, domestic firm, or domes-
tic corporation that is a permanent resident of 
the United States. 
(3) DESIGNATION BY MANUFACTURER OR PRO-
DUCER AND ACCEPTANCE BY AGENT.—The head of 
each applicable agency shall, at a minimum, require 
a— 
(A) written designation by a foreign manu-
facturer or producer with respect to which para-
graph (1) applies— 
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(i) signed by an official or employee of 
the foreign manufacturer or producer with 
authority to appoint an agent; 
(ii) containing the full legal name, 
principal place of business, and mailing ad-
dress of the manufacturer or producer; and 
(iii) containing a statement that the 
designation is valid and binding on the for-
eign manufacturer or producer for the pur-
poses of this Act. 
(B) written acceptance by the agent reg-
istered by a foreign manufacturer or producer 
with respect to which paragraph (1) applies— 
(i) signed by the agent or, in the case 
in which a domestic firm or domestic cor-
poration is designated as an agent, an offi-
cial or employee of the firm or corporation 
with authority to sign for the firm or cor-
poration; 
(ii) containing the agent’s full legal 
name, physical address, mailing address, 
and phone number; and 
(iii) containing a statement that the 
agent accepts the designation and acknowl-
edges that the duties of the agent may not 
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be assigned to another person or entity and 
the duties remain in effect until withdrawn 
or replaced by the foreign manufacturer or 
producer. 
(4) APPLICABILITY.— 
(A) IN GENERAL.—Paragraph (1) applies 
only with respect to a foreign manufacturer or 
producer that exceeds minimum requirements es-
tablished by the head of the applicable agency 
under this section. 
(B) FACTORS.—In determining the min-
imum requirements for application of paragraph 
(1) to a foreign manufacturer or producer, the 
head of the applicable agency shall, at a min-
imum, consider the following: 
(i) The value of all covered products 
imported from the manufacturer or pro-
ducer in a calendar year. 
(ii) The quantity of all covered prod-
ucts imported from the manufacturer or 
producer in a calendar year. 
(iii) The frequency of importation from 
the manufacturer or producer in a calendar 
year. 
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(b) REGISTRY OF AGENTS OF FOREIGN MANUFACTUR-
ERS AND CERTIFICATIONS.— 
(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), certifications 
submitted under section 2(5)(B), and certifications re-
moved pursuant to subsection (e). 
(2) AVAILABILITY.—The Secretary of Commerce 
shall make the registry established under paragraph 
(1) available— 
(A) to the public in a searchable format 
through the Internet website of the Department of 
Commerce; and 
(B) to the Commissioner responsible for 
U.S. Customs and Border Protection in a format 
prescribed by the Commissioner. 
(c) CONSENT TO JURISDICTION.— 
(1) IN
GENERAL.—A foreign manufacturer or 
producer of a covered product that registers an agent 
under this section thereby consents to the personal ju-
risdiction of the State and Federal courts of the State 
in which the registered agent is located for the pur-
pose of any judicial proceeding related to such covered 
product. 
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(2) RULE
OF
CONSTRUCTION.—Paragraph (1) 
shall not apply to actions brought by foreign plain-
tiffs where the alleged injury or damage occurred out-
side the United States. 
(d) REGULATIONS.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Commerce, the Commissioner responsible for U.S. 
Customs and Border Protection, and each head of an 
applicable agency shall prescribe regulations to carry 
out this section. 
(2) INTERAGENCY COOPERATION.—The Secretary 
of Commerce, the Commissioner responsible for U.S. 
Customs and Border Protection, and each head of an 
applicable agency shall cooperate and consult with 
one another for the purpose of— 
(A) prescribing consistent regulations to the 
extent necessary for the effective and efficient 
sharing of information and establishment of sys-
tems and procedures necessary to carry out this 
section; and 
(B) establishing minimum requirements de-
scribed in subsection (a)(4), and to the extent ad-
visable and practicable for the purpose of estab-
lishing consistent minimum requirements. 
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(e) CERTIFICATION REQUIREMENTS.—Upon actual 
knowledge or verified information that any person to whom 
the requirements of section 2(5)(B) applies has failed to ful-
fill such requirements the applicable agency shall— 
(1) notify the Secretary of Commerce that the 
certification of such person must be removed from the 
registry under section 3(b); and 
(2) notify such person that the related foreign 
manufacturer or producer must comply with section 
3. 
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. 
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(b) ENFORCEMENT.—The Secretary of Homeland Se-
curity shall prescribe regulations to enforce the prohibition 
in subsection (a). 
SEC. 5. REPORTING OF DEFECTS IN COVERED PRODUCTS 
IN FOREIGN COUNTRIES. 
(a) DETERMINATION
BY MANUFACTURER
OR PRO-
DUCER.—Not later than 5 working days after determining 
to conduct a safety recall or other safety campaign in a 
foreign country of a covered product that is identical or 
substantially similar to a covered product offered for sale 
in the United States, the manufacturer or producer of the 
covered product shall report the determination to the head 
of the applicable agency. 
(b) DETERMINATION BY FOREIGN GOVERNMENT.—Not 
later than 5 working days after receiving notification that 
the government of a foreign country has determined that 
a safety recall or other safety campaign must be conducted 
in the foreign country of a covered product that is identical 
or substantially similar to a covered product offered for sale 
in the United States, the manufacturer or producer of the 
covered product shall report the determination to the head 
of the applicable agency. 
(c) REPORTING REQUIREMENTS.—Not later than the 
date described in subsection (d), the head of each applicable 
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agency shall prescribe the contents of the notification re-
quired by this section. 
(d) EFFECTIVE DATE.—Except as provided in sub-
section (c), this section shall take effect on the date that 
is one year after the date of the enactment of this Act. 
SEC. 6. 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 Commis-
sioner of Food and Drugs shall jointly— 
(1) complete a study on the feasibility and advis-
ability of requiring foreign producers of food distrib-
uted in commerce to register an agent in the United 
States who is authorized to accept service of process 
on behalf of such producers for the purpose of any 
State or Federal regulatory proceeding or any civil 
action in State or Federal court related to such food 
products; and 
(2) submit to Congress a report on the findings 
of the Secretary with respect to such study. 
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SEC. 7. STUDY ON REGISTRATION OF AGENTS OF FOREIGN 
MANUFACTURERS AND PRODUCERS OF COM-
PONENT PARTS WITHIN COVERED PRODUCTS. 
Not later than 1 year after the date of the enactment 
of this Act, the head of each applicable agency shall— 
(1) complete a study on determining feasible and 
advisable methods of requiring manufacturers or pro-
ducers of component parts within covered products 
manufactured or produced outside the United States 
and distributed in commerce to register agents in the 
United States who are authorized to accept service of 
process on behalf of such manufacturers or producers 
for the purpose of any State or Federal regulatory 
proceeding or any civil action in State or Federal 
court related to such component parts; and 
(2) submit to Congress a report on the findings 
of the head of the applicable agency with respect to 
the study. 
SEC. 8. STUDY ON ENFORCEMENT OF UNITED STATES 
JUDGMENTS 
RELATING 
TO 
DEFECTIVE 
DRYWALL IMPORTED FROM CHINA. 
Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General of the United States 
shall— 
(1) complete a study on methods to enforce judg-
ments of any State or Federal regulatory proceeding 
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or any civil action in State or Federal court relating 
to defective drywall imported from the People’s Re-
public of China and distributed in commerce during 
the period 2004 through 2007 and used in residential 
dwellings in the United States; and 
(2) submit to Congress a report on the findings 
of the Comptroller General with respect to the study. 
SEC. 9. 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 incon-
sistent with the provisions of this Act, and then only to 
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 im-
ported into the United States to establish reg-
istered agents in the United States who are au-
thorized to accept service of process against such 
manufacturers, and for other purposes. 
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 
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