I 
110TH CONGRESS 
2D SESSION 
H. R. 5913 
To amend title 28, United States Code, to provide for service of process 
over foreign nationals in cases involving defective products causing injury 
in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 29, 2008 
Ms. LINDA T. SA´NCHEZ of California (for herself, Mr. CONYERS, Ms. ZOE 
LOFGREN of California, Mr. COHEN, and Mr. GRIJALVA) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 28, United States Code, to provide for service 
of process over foreign nationals in cases involving defec-
tive products causing injury in the United States, and 
for other purposes. 
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 ‘‘Protecting Americans 
from Unsafe Foreign Products Act’’. 
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SEC. 2. SERVICE OF PROCESS ON FOREIGN MANUFACTUR-
ERS IN CERTAIN CASES. 
(a) IN GENERAL.—Chapter 113 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1698. Service on foreign manufacturers in certain 
cases 
‘‘(a) SERVICE OF PROCESS.—Process in any action 
that is brought in a Federal or State court against a cit-
izen or subject of a foreign state, for injury that was sus-
tained in the United States and that relates to the pur-
chase or use of a product, or component thereof, that is 
manufactured outside the United States by the citizen or 
subject may be served on the citizen or subject wherever 
the citizen or subject resides, is found, has an agent, or 
transacts business, if the citizen or subject— 
‘‘(1) knew or reasonably should have known 
that the product or component would be imported 
for sale or use in the United States; or 
‘‘(2) had contacts with the United States, 
whether or not such contacts occurred in the place 
where the injury occurred. 
‘‘(b) PERSONAL JURISDICTION.—Service on a citizen 
or subject under subsection (a) establishes jurisdiction 
over the person of the citizen or subject. 
‘‘(c) DEFINITIONS.—As used in this subsection— 
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‘‘(1) an ‘agent’ of a citizen or subject of a for-
eign state who manufactures a product or compo-
nent includes an importer, distributor, wholesaler, or 
other commercial entity who conducts business with 
the citizen or subject for the purpose of selling, or 
incorporating into another product for sale, in the 
United States the product or component; 
‘‘(2) a citizen or subject of a foreign state 
‘transacts business’ in a place if a product or compo-
nent manufactured by that citizen or subject is sold 
in that place, whether directly by the citizen or sub-
ject, or through an intermediary, subsidiary, affil-
iate, or partner of the citizen or subject; and 
‘‘(3) the term ‘State’ includes the District of 
Columbia, the Commonwealth of Puerto Rico, and 
any territory of the United States. 
‘‘(d) SERVICE ON AGENT OR RELATED ENTITY.— 
For purposes or subsection (a), service on an agent of a 
citizen or subject of a foreign state, or on an intermediary, 
subsidiary, affiliate, or partner of the citizen or subject 
to whom subsection (c)(2) applies, constitutes service on 
the citizen or subject.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 113 of title 28, United States Code, is 
amended by adding at the end the following new item: 
‘‘1698. Service on foreign manufacturers in certain cases.’’. 
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SEC. 3. CHOICE OF LAW IN CERTAIN ACTIONS AGAINST 
CITIZENS OR SUBJECTS OF FOREIGN STATES. 
(a) IN GENERAL.—Chapter 111 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1660. Choice of law in certain actions against man-
ufacturers who are citizens or subjects of 
foreign states 
‘‘(a) IN GENERAL.—In any civil action in any State 
or Federal court against a citizen or subject of a foreign 
state for injury sustained in the United States that relates 
to the purchase or use of a product, or component thereof, 
manufactured outside the United States, the law of the 
State where the injury occurred shall govern all issues con-
cerning liability and damages. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘State’ includes the District of Columbia, the Common-
wealth of Puerto Rico, and any territory of the United 
States.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 111 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing new item: 
‘‘1660. Choice of law in certain actions against manufacturers who are citizens 
or subjects of foreign states.’’. 
Æ 
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