Foreign Manufacturers Legal Accountability Act of 2010

Bill: 111-hr-4678
Sponsor: Rep. Sutton, Betty [D-OH-13]
Introduced: 2010-02-24 in the House
Policy area: Law
Subjects: Administrative law and regulatory procedures
Agricultural trade
Civil actions and liability
Consumer Product Safety Commission
Department of Commerce
Environmental Protection Agency (EPA)
Food supply, safety, and labeling
Government information and archives
Government studies and investigations
Hazardous wastes and toxic substances
Jurisdiction and venue
Manufacturing
Product safety and quality
Trade restrictions

Summary:
action_date: 2010-02-24
text: 
Foreign Manufacturers Legal Accountability Act of 2010 - Directs the Food and Drug Administration (FDA) (with respect to drugs, devices, cosmetics, and biological products), the Consumer Product Safety Commission (CPSC) (with respect to consumer products), and the Environmental Protection Agency (EPA) (with respect to chemical substances, new chemical substances, and pesticides) to require foreign manufacturers and producers of such products (or components used to manufacture them), in excess of a minimum value or quantity, to establish a registered agent in the United States who is authorized to accept service of process on their behalf for the purpose of all civil and regulatory actions in state and federal courts. Requires the registered agent to be located in a state with a substantial connection to the importation, distribution, or sale of the products. Directs the Secretary of Commerce to establish, maintain, and make available to the public a registry of such agents.
 
Deems a foreign manufacturer or producer of products covered under this Act that registers an agent to consent to the personal jurisdiction of the state or federal courts of the state in which the agent is located for the purpose of any civil or regulatory proceeding.
 
Prohibits importation into the United States of a covered product (or component part that will be used in the United States to manufacture a covered product) if the product (or component part) or any part of the product (or component part) was manufactured or produced outside the United States by a manufacturer or producer who does not have a registered agent whose authority is in effect on the date of the importation.
 
Requires the Secretary of Agriculture and the Commissioner of Food and Drugs to jointly study the feasibility and advisability of requiring foreign producers of food distributed 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.
 
 

 
 

action_date: 2010-12-16
text: 
Foreign Manufacturers Legal Accountability Act of 2010 - (Sec. 3) Directs the Food and Drug Administration (FDA) (with respect to drugs, devices, cosmetics, and biological products), the Consumer Product Safety Commission (CPSC) (with respect to consumer products), the Environmental Protection Agency (EPA) (with respect to chemical substances, new chemical substances, and pesticides), and the National Highway Traffic Safety Administration (NHTSA) (with respect to a motor vehicle or motor vehicle products) to require foreign manufacturers and producers of such products (or components used to manufacture them), in excess of a minimum value, quantity, and frequency of importation, to register an agent in the United States who is authorized to accept service of process on their behalf for the purpose of any state or federal regulatory proceeding or civil action in state or federal court.
 
Exempts from this Act's requirements a foreign manufacturer or producer that distributes a covered product through its U.S. parent company or U.S. subsidiary, provided certain conditions are met.
 
Requires the registered agent to be: (1) located in a state with a substantial connection to the importation, distribution, or sale of the products; as well as (2) an individual, domestic firm, or domestic corporation that is a U.S. permanent resident.
 
Directs the Secretary of Commerce to establish, maintain, and make available to the public and to the Commissioner for U.S. Customs and Border Protection (CBP): (1) a registry of such agents; and (2) information on U.S. manufacturers or producers that have submitted certifications of responsibility and liability for their foreign manufacturers or producers or who have had their certifications removed for cause.
 
Deems a foreign manufacturer or producer of products covered under this Act that registers an agent to consent to the personal jurisdiction of the state or federal courts of the state in which the agent is located for the purpose of any judicial proceeding.
 
(Sec. 4) Prohibits importation into the United States of a covered product (or component part that will be used in the United States to manufacture a covered product) if the product (or component part) or any part of the product (or component part) was manufactured or produced outside the United States by a manufacturer or producer who does not have a registered agent whose authority is in effect on the date of the importation.
 
(Sec. 5) Requires foreign manufacturers or producers of a covered product to report within five business days to the head of the applicable agency their determination to conduct a safety recall or other safety campaign of a covered product that is identical or substantially similar to a covered product offered for sale in the United States.
 
(Sec. 6) Requires the Secretary of Agriculture and the Commissioner of Food and Drugs jointly to study the feasibility and advisability of requiring foreign producers of food distributed 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 civil action in state or federal court.
 
(Sec. 7) Requires the head of an applicable agency similarly to study the feasibility of methods requiring foreign manufacturers or producers of component parts of covered products distributed in U.S. commerce to register agents in the United States for purposes of such service of process.
 
(Sec. 8) Requires the Comptroller General to study methods to enforce judgments of any state or federal regulatory proceeding or civil action in state or federal court against Chinese manufacturers that exported defective drywall to the United States during 2004-2007.


Legislative actions:
action_date: 2010-12-22
text: Placed on the Union Calendar, Calendar No. 413.
action_date: 2010-12-22
text: Committee on Agriculture discharged.
action_date: 2010-12-22
text: Committee on Agriculture discharged.
action_date: 2010-12-22
text: Committee on Ways and Means discharged.
action_date: 2010-12-22
text: Committee on Ways and Means discharged.
action_date: 2010-12-21
text: House Committee on Agriculture Granted an extension for further consideration ending not later than Dec. 22, 2010.
action_date: 2010-12-21
text: House Committee on Ways and Means Granted an extension for further consideration ending not later than Dec. 22, 2010.
action_date: 2010-12-17
text: House Committee on Agriculture Granted an extension for further consideration ending not later than Dec. 21, 2010.
action_date: 2010-12-17
text: House Committee on Ways and Means Granted an extension for further consideration ending not later than Dec. 21, 2010.
action_date: 2010-12-16
text: House Committee on Agriculture Granted an extension for further consideration ending not later than Dec. 17, 2010.
action_date: 2010-12-16
text: House Committee on Ways and Means Granted an extension for further consideration ending not later than Dec. 17, 2010.
action_date: 2010-12-16
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-683, Part I.
action_date: 2010-12-16
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-683, Part I.
action_date: 2010-07-21
text: Ordered to be Reported (Amended) by the Yeas and Nays: 31 - 22.
action_date: 2010-07-21
text: Committee Consideration and Mark-up Session Held.
action_date: 2010-06-30
text: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
action_date: 2010-06-30
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2010-06-22
text: Referred to the Subcommittee on Horticulture and Organic Agriculture.
action_date: 2010-03-08
text: Referred to the Subcommittee on Trade.
action_date: 2010-02-25
text: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
action_date: 2010-02-24
text: Referred to House Agriculture
action_date: 2010-02-24
text: Referred to House Ways and Means
action_date: 2010-02-24
text: 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 consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2010-02-24
text: Referred to House Energy and Commerce
action_date: 2010-02-24
text: Introduced in House
action_date: 2010-02-24
text: Introduced in House