I 
112TH CONGRESS 
1ST SESSION H. R. 3646 
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 
DECEMBER 13, 2011 
Ms. SUTTON (for herself, Mr. TURNER of Ohio, Mr. CONYERS, Ms. LINDA T. 
SA´NCHEZ of California, Ms. ZOE LOFGREN of California, Mr. RYAN of 
Ohio, Mr. LIPINSKI, Mr. STARK, Mr. JONES, Mr. MICHAUD, Mr. ISRAEL, 
Mr. PETERS, Mr. HASTINGS of Florida, Mr. COURTNEY, Mr. ANDREWS, 
Ms. KAPTUR, Mr. JOHNSON of Georgia, Mr. HOLDEN, Mr. YARMUTH, 
Mr. MURPHY of Connecticut, Mr. CRITZ, Ms. SCHAKOWSKY, Mr. GENE 
GREEN of Texas, and Mr. SARBANES) 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 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Manufacturers 
Legal Accountability Act of 2011’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) APPLICABLE AGENCY.—The term ‘‘applica-
ble agency’’ means, with respect to covered prod-
ucts— 
(A) described in subparagraphs (A) and 
(B) of paragraph (3), the Food and Drug Ad-
ministration; 
(B) described in paragraph (3)(C), the 
Consumer Product Safety Commission; 
(C) described in subparagraphs (D) and 
(E) of paragraph (3), the Environmental Pro-
tection 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 Administra-
tion, if the item is intended to be a compo-
nent part of a product described in sub-
paragraph (A) or (B) of paragraph (3); 
(ii) the Consumer Product Safety 
Commission, if the item is intended to be 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
a component part of a product described in 
paragraph (3)(C); 
(iii) the Environmental Protection 
Agency, if the item is intended to be a 
component part of a product described in 
subparagraph (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 prod-
uct 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). 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
(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), in its imported form. 
(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 component part of such product. 
(4) 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. 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
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 subsection (d) and except 
as provided in this subsection, the head of each ap-
plicable agency shall require foreign manufacturers 
and producers of covered products distributed in 
commerce to register an agent in the United States 
who is authorized to accept service of process on be-
half of such manufacturer or producer for the pur-
pose of any State or Federal regulatory proceeding 
or any civil action in State or Federal court related 
to such covered product, if such service is made in 
accordance with the State or Federal rules for serv-
ice of process in the State in which the case or regu-
latory action is brought. 
(2) LOCATION.—The head of each applicable 
agency shall require that an agent of a foreign man-
ufacturer or producer registered under paragraph 
(1) be— 
(A) located in a State chosen by the for-
eign manufacturer or producer with a substan-
tial connection to the importation, distribution, 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
or sale of the products of the foreign manufac-
turer 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 
paragraph (1) applies— 
(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; or 
(B) written acceptance by the agent reg-
istered by a foreign manufacturer or producer 
with respect to which paragraph (1) applies— 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
(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 
be assigned to another person or entity 
and the duties remain in effect until with-
drawn or replaced by the foreign manufac-
turer or producer. 
(4) APPLICABILITY.— 
(A) IN GENERAL.—Paragraph (1) applies 
only with respect to a foreign manufacturer or 
producer that exceeds minimum requirements 
established by the head of the applicable agency 
under this section. 
(B) FACTORS.—In determining the min-
imum requirements for application of para-
graph (1) to a foreign manufacturer or pro-
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
ducer, the head of the applicable agency shall, 
at a minimum, 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. 
(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 in a searchable format 
through the Internet website of the Department 
of Commerce; and 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
(B) to the Commissioner responsible for 
U.S. Customs and Border Protection in a for-
mat 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 per-
sonal jurisdiction of the State and Federal courts of 
the State in which the registered agent is located for 
the purpose of any judicial proceeding related to 
such covered product. 
(2) RULE OF CONSTRUCTION.—Paragraph (1) 
shall not apply to actions brought by foreign plain-
tiffs where the alleged injury or damage occurred 
outside the United States. 
(d) REGULATIONS.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Commerce, the Commissioner responsible 
for U.S. Customs and Border Protection, and each 
head of an applicable agency shall prescribe regula-
tions to carry out this section. 
(2) INTERAGENCY
COOPERATION.—The Sec-
retary of Commerce, the Commissioner responsible 
for U.S. Customs and Border Protection, and each 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
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 requirements 
described in subsection (a)(4), and to the extent 
advisable and practicable for the purpose of es-
tablishing consistent minimum requirements. 
SEC. 4. DECLARATION TO U.S. CUSTOMS AND BORDER PRO-
TECTION. 
(a) DECLARATION.—Beginning on the date that is 
180 days after the date on which the regulations required 
under section 3(d) are prescribed, any person importing 
into the United States a covered product if such product 
was manufactured or produced outside the United States 
shall provide to U.S. Customs and Border Protection a 
declaration that— 
(1) the person has made appropriate inquiry as 
to whether the manufacturer or producer of the cov-
ered product has complied with the requirements of 
section 3, including by seeking appropriate docu-
mentation from the exporter of the covered product 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
and by consulting the registry established pursuant 
to section 3(b); and 
(2) 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 section (3)(a). 
(b) PENALTIES.—An importer who fails to provide a 
declaration required under subsection (a), or files a false 
declaration, shall be subject to the applicable penalty 
under section 592 of the Tariff Act of 1930 (19 U.S.C. 
1592) or under title 18, United States Code, with respect 
to importation of a covered product. 
(c) REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Commis-
sioner of U.S. Customs and Border Protection shall 
prescribe regulations to carry out this section. The 
regulations shall provide that the declaration of the 
importer required under subsection (a) shall accom-
pany the entry summary documentation or, in the 
case of repeated transactions, may be submitted on 
an annual basis. 
(2) FORM.—The regulations shall provide for 
the declaration to be submitted electronically and 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
maintained as an electronic record within the data 
management systems of U.S. Customs and Border 
Protection. 
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 con-
ducted 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 deter-
mination to the head of the applicable agency. 
(c) REPORTING REQUIREMENTS.—Not later than the 
date described in subsection (d), the head of each applica-
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
ble agency shall prescribe the contents of the notification 
required 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 ad-
visability of requiring foreign producers of food dis-
tributed 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. 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
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-
ucts 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 manufac-
turers 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. 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS
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 
judgments of any State or Federal regulatory pro-
ceeding or any civil action in State or Federal court 
relating to defective drywall imported from the Peo-
ple’s Republic 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. 
Æ 
VerDate Mar 15 2010 
02:57 Dec 20, 2011
Jkt 019200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H3646.IH
H3646
tjames on DSK6SPTVN1PROD with BILLS