I 
116TH CONGRESS 
1ST SESSION H. R. 3737 
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 
JULY 12, 2019 
Mr. CARTWRIGHT 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 de-
termined 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. 
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 2019’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
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(1) Each year, many people in the United 
States are injured by defective products manufac-
tured or produced by foreign entities and imported 
into the United States. 
(2) Both consumers and businesses in the 
United States have been harmed by injuries to peo-
ple in the United States caused by defective prod-
ucts manufactured or produced by foreign entities. 
(3) People in the United States injured by de-
fective products manufactured or produced by for-
eign entities often have difficulty recovering damages 
from the foreign manufacturers and producers re-
sponsible for such injuries. 
(4) The difficulty described in paragraph (3) is 
caused by the obstacles in bringing a foreign manu-
facturer or producer into a United States court and 
subsequently enforcing a judgment against that 
manufacturer or producer. 
(5) Obstacles to holding a responsible foreign 
manufacturer or producer liable for an injury to a 
person in the United States undermine the purpose 
of the tort laws of the United States. 
(6) The difficulty of applying the tort laws of 
the United States to foreign manufacturers and pro-
ducers puts United States manufacturers and pro-
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ducers at a competitive disadvantage because United 
States manufacturers and producers must— 
(A) abide by common law and statutory 
safety standards; and 
(B) invest substantial resources to ensure 
that they do so. 
(7) Foreign manufacturers and producers can 
avoid the expenses necessary to make their products 
safe if they know that they will not be held liable for 
violations of United States product safety laws. 
(8) Businesses in the United States undertake 
numerous commercial relationships with foreign 
manufacturers, exposing the businesses to additional 
tort liability when foreign manufacturers or pro-
ducers evade United States courts. 
(9) Businesses in the United States engaged in 
commercial relationships with foreign manufacturers 
or producers often cannot vindicate their contractual 
rights if such manufacturers or producers seek to 
avoid responsibility in United States courts. 
(10) One of the major obstacles facing busi-
nesses and individuals in the United States who are 
injured and who seek compensation for economic or 
personal injuries caused by foreign manufacturers 
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and producers is the challenge of serving process on 
such manufacturers and producers. 
(11) An individual or business injured in the 
United States by a foreign company must rely on a 
foreign government to serve process when that com-
pany is located in a country that is a signatory to 
the Convention on the Service Abroad of Judicial 
and Extrajudicial Documents in Civil or Commercial 
Matters done at The Hague November 15, 1965 (20 
UST 361; TIAS 6638). 
(12) An injured person in the United States 
must rely on the cumbersome system of letters roga-
tory to effect service in a country that did not sign 
the Convention on the Service Abroad of Judicial 
and Extrajudicial Documents in Civil or Commercial 
Matters. These countries do not have an enforceable 
obligation to serve process as requested. 
(13) The procedures described in paragraphs 
(11) and (12) add time and expense to litigation in 
the United States, thereby discouraging or frus-
trating meritorious lawsuits brought by persons in-
jured in the United States against foreign manufac-
turers and producers. 
(14) Foreign manufacturers and producers 
often seek to avoid judicial consideration of their ac-
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tions by asserting that United States courts lack 
personal jurisdiction over them. 
(15) The due process clauses of the fifth 
amendment to and section 1 of the fourteenth 
amendment to the Constitution govern United States 
courts’ personal jurisdiction over defendants. 
(16) The due process clauses described in para-
graph (15) are satisfied when a defendant consents 
to the jurisdiction of a court. 
(17) United States markets present many op-
portunities for foreign manufacturers. 
(18) In choosing to export products to the 
United States, a foreign manufacturer or producer 
subjects itself to the laws of the United States. Such 
a foreign manufacturer or producer thereby acknowl-
edges that it is subject to the personal jurisdiction 
of the State and Federal courts in at least one 
State. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) foreign manufacturers and producers whose 
products are sold in the United States should not be 
able to avoid liability simply because of difficulties 
relating to serving process upon them; 
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(2) to avoid such lack of accountability, foreign 
manufacturers and producers of foreign products 
distributed in the United States should be required, 
by regulation, to register an agent in the United 
States who is authorized to accept service of process 
for such manufacturer or producer; 
(3) it is unfair to United States consumers and 
businesses that foreign manufacturers and producers 
often seek to avoid judicial consideration of their ac-
tions by asserting that United States courts lack 
personal jurisdiction over them; 
(4) those who benefit from exporting products 
to United States markets should expect to be subject 
to the jurisdiction of at least one court within the 
United States; 
(5) exporting products to the United States 
should be understood as consent to the account-
ability that the legal system of the United States en-
sures for all manufacturers and producers, foreign, 
and domestic; 
(6) exporters recognize the scope of opportuni-
ties presented to them by United States markets but 
also should recognize that products imported into 
the United States must satisfy Federal and State 
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safety standards established by statute, regulation, 
and common law; 
(7) foreign manufacturers should recognize that 
they are responsible for the contracts they enter into 
with United States companies; 
(8) foreign manufacturers should act respon-
sibly and recognize that they operate within the con-
straints of the United States legal system when they 
export products to the United States; 
(9) United States laws and the laws of United 
States trading partners should not put burdens on 
foreign manufacturers and producers that do not 
apply to domestic companies; 
(10) it is fair to ensure that foreign manufac-
turers, whose products are distributed in commerce 
in the United States, are subject to the jurisdiction 
of State and Federal courts in at least one State be-
cause all United States manufacturers are subject to 
the jurisdiction of the State and Federal courts in 
at least one State; and 
(11) it should be understood that, by reg-
istering an agent for service of process in the United 
States, the foreign manufacturer or producer ac-
knowledges consent to the jurisdiction of the State 
in which the registered agent is located. 
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subparagraphs (D) and (E) of paragraph 
(4). 
(2) COMMERCE.—The term ‘‘commerce’’ means 
trade, traffic, commerce, or transportation— 
(A) between a place in a State and any 
place outside of the State; or 
(B) which affects trade, traffic, commerce, 
or transportation described in subparagraph 
(A). 
(3) COMMISSIONER OF U.S. CUSTOMS AND BOR-
DER
PROTECTION.—The term ‘‘Commissioner of 
U.S. Customs and Border Protection’’ means the 
Commissioner responsible for U.S. Customs and 
Border Protection of the Department of Homeland 
Security. 
(4) 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)). 
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(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) An item that is intended to be a com-
ponent part of a product described in subpara-
graph (A), (B), (C), (D), or (E) but is not yet 
a component part of such product. 
(5) DISTRIBUTE
IN
COMMERCE.—The term 
‘‘distribute in commerce’’ means to sell in commerce, 
to introduce or deliver for introduction into com-
merce, or to hold for sale or distribution after intro-
duction into commerce. 
SEC. 5. 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 
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are prescribed pursuant to subsection (e)(1) and ex-
cept as otherwise provided in this subsection, the 
head of each applicable agency shall require foreign 
manufacturers and producers of covered products 
distributed in commerce to establish a registered 
agent in the United States who is authorized to ac-
cept service of process on behalf of such manufac-
turer or producer for the purpose of any State or 
Federal regulatory proceeding or any civil action in 
any State or Federal court relating to such covered 
product, if such service is made in accord with the 
State or Federal rules for service of process in the 
State in which the regulatory action or case is 
brought. 
(2) LOCATION.—The head of each applicable 
agency shall require that an agent of a foreign man-
ufacturer or producer registered under this sub-
section with respect to a covered product be located 
in a State with a substantial connection to the im-
portation, distribution, or sale of the covered prod-
uct. 
(3) DESIGNATION AND ACCEPTANCE.— 
(A) DESIGNATION BY FOREIGN MANUFAC-
TURERS AND PRODUCERS.—The head of each 
applicable agency shall require each foreign 
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manufacturer and producer described in para-
graph (1) to provide to the applicable agency a 
written designation of the agent established by 
the foreign manufacturer or producer pursuant 
to paragraph (1) that— 
(i) is signed by an official or employee 
of the foreign manufacturer or producer 
who has authority to appoint an agent; 
(ii) contains the full legal name, prin-
cipal place of business, and mailing ad-
dress of the foreign manufacturer or pro-
ducer; and 
(iii) contains a statement that the 
designation is valid and binding on the for-
eign manufacturer or producer for the pur-
poses of this section. 
(B) ACCEPTANCE BY AGENTS.—The head 
of each applicable agency shall require each 
agent established pursuant to paragraph (1) 
with respect to a foreign manufacturer or pro-
ducer to provide to the applicable agency a 
written acceptance of such establishment that— 
(i) is signed by the agent or, in the 
case in which a domestic firm or domestic 
corporation is designated as an agent, an 
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official or employee of the firm or corpora-
tion with authority to sign for the firm or 
corporation; 
(ii) contains the agent’s full legal 
name, physical address, mailing address, 
and telephone number; 
(iii) contains a statement that the 
agent accepts such establishment and the 
designation by the foreign manufacturer or 
producer under subparagraph (A); and 
(iv) contains a statement that the 
agent acknowledges that the duties of the 
agent— 
(I) may not be assigned to an-
other person; and 
(II) remain in effect until with-
drawn or replaced by the foreign man-
ufacturer or producer. 
(4) MINIMUM SIZE.—This subsection shall only 
apply to foreign manufacturers and producers that 
manufacture or produce covered products in excess 
of a minimum value or quantity the head of the ap-
plicable agency shall prescribe by rule for purposes 
of this section. Such rules may include different 
minimum values or quantities for different subcat-
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egories of covered products prescribed by the head of 
the applicable agency for purposes of this section. 
(b) REGISTRY OF AGENTS OF FOREIGN MANUFAC-
TURERS.— 
(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 Com-
merce shall make the registry established under 
paragraph (1) available— 
(A) to the public through the Internet 
website of the Department of Commerce; and 
(B) to the Commissioner of U.S. Customs 
and Border Protection. 
(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 per-
sonal jurisdiction of the State or Federal courts of 
the State in which the registered agent is located for 
the purpose of any regulatory proceeding or civil ac-
tion relating to such covered product. 
(2) RULE OF CONSTRUCTION.—Paragraph (1) 
shall not be construed to apply to actions brought by 
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foreign plaintiffs in which the alleged injury or dam-
age occurred outside the United States. 
(d) DECLARATIONS.— 
(1) IN GENERAL.—Beginning on the date that 
is 180 days after the date on which the regulations 
are prescribed pursuant to subsection (e), any per-
son importing a covered product manufactured or 
produced outside the United States shall provide to 
U.S. Customs and Border Protection a declaration 
that— 
(A) the person has made appropriate in-
quiry as to whether the manufacturer or pro-
ducer of the covered product has complied with 
the requirements of this section, including by 
seeking appropriate documentation from the ex-
porter of the covered product and by consulting 
the registry established pursuant to subsection 
(b); and 
(B) to the best of the person’s knowledge, 
with respect to each importation of a covered 
product, the foreign manufacturer or producer 
of the product has registered an agent in the 
United States as required under subsection (a). 
(2) ELECTRONIC SUBMISSION.—Not later than 
1 year after the date of the enactment of this Act, 
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the Commissioner of U.S. Customs and Border Pro-
tection shall establish a mechanism whereby declara-
tions made pursuant to paragraph (1) may be sub-
mitted electronically and maintained as an electronic 
record within the data management systems of U.S. 
Customs and Border Protection. 
(3) REGULATIONS.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of the enactment of this Act, the 
Commissioner of U.S. Customs and Border 
Protection shall prescribe regulations to carry 
out this subsection. 
(B) SUMMARY DECLARATION.—The regu-
lations required by subparagraph (A) shall re-
quire that each declaration of an importer made 
pursuant to paragraph (1) with respect to a 
covered product shall accompany the entry sum-
mary documentation for such product or, in the 
case of repeated transactions, may be submitted 
on an annual basis. 
(4) PENALTIES.—Any person who fails to pro-
vide a declaration required under paragraph (1), or 
files a false declaration, shall be subject to any ap-
propriate penalty under section 592 of the Tariff 
Act of 1930 (19 U.S.C. 1592) or title 18, United 
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States Code, with respect to importation of a cov-
ered product. 
(e) REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary 
of Commerce, the Commissioner of U.S. Customs 
and Border Protection, and each head of an applica-
ble agency shall prescribe regulations to carry out 
this section, including the establishment of minimum 
values and quantities under subsection (a)(4). 
(2) INTERAGENCY
COOPERATION.—The Sec-
retary 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 effi-
cient sharing of information and establishment 
of systems and procedures necessary to carry 
out this section; and 
(B) establishing minimum values and 
quantities under subsection (a)(4), and to the 
extent advisable and practicable for the purpose 
of establishing consistent minimum require-
ments. 
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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 ad-
visability of requiring foreign producers of food dis-
tributed 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. 7. STUDY ON REGISTRATION OF AGENTS OF FOREIGN 
MANUFACTURERS AND PRODUCERS OF COM-
PONENT PARTS WITHIN COVERED PROD-
UCTS. 
Not later than 2 years after the date of the enact-
ment of this Act, the head of each applicable agency 
shall— 
(1) complete a study on determining feasible 
and advisable methods of requiring manufacturers or 
producers of component parts within covered prod-
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ucts manufactured or produced outside the United 
States and distributed in commerce to establish reg-
istered agents in the United States who are author-
ized to accept service of process on behalf of such 
manufacturers or 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 head of the applicable agency with respect to 
the study. 
SEC. 8. 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. 
Æ 
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