I 
111TH CONGRESS 
2D SESSION 
H. R. 4678 
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 
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, 
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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 ‘‘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; or 
(C) described in subparagraphs (D) and 
(E) of paragraph (3), the Environmental Pro-
tection Agency. 
(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: 
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(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)). 
(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). 
(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. 
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SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFAC-
TURERS AUTHORIZED TO ACCEPT SERVICE 
OF PROCESS IN THE UNITED STATES. 
(a) REGISTRATION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act and ex-
cept as provided in paragraph (3), the head of each 
applicable agency shall require foreign manufactur-
ers and producers of covered products distributed in 
commerce (or component parts that will be used in 
the United States to manufacture such products) to 
establish a registered 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 all civil and regulatory actions in State and 
Federal courts, if such service is made in accord 
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 man-
ufacturer or producer registered under paragraph 
(1) be located in a State with a substantial connec-
tion to the importation, distribution, or sale of the 
products of such foreign manufacturer or producer. 
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(3) MINIMUM SIZE.—Paragraph (1) shall only 
apply to foreign manufacturers and producers that 
manufacture or produce covered products (or compo-
nent parts that will be used in the United States to 
manufacture such products) in excess of a minimum 
value or quantity established by the head of the ap-
plicable agency under 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 to the public through the 
Internet website of the Department of Commerce. 
(c) CONSENT TO JURISDICTION.—A foreign manu-
facturer or producer of covered products that registers an 
agent under this section thereby consents to the personal 
jurisdiction of the State and Federal courts of the State 
in which the registered agent is located for the purpose 
of any civil or regulatory proceeding. 
(d) REGULATIONS.—Not later than the date de-
scribed in subsection (a)(1), the Secretary of Commerce 
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and each head of an applicable agency shall prescribe reg-
ulations to carry out this section. 
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 de-
scribed in section 3(a) whose authority is in effect on the 
date of the importation. 
(b) ENFORCEMENT.—The Secretary of Homeland Se-
curity shall prescribe regulations to enforce the prohibition 
in subsection (a). 
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SEC. 5. 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. 6. 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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