Foreign Manufacturers Legal Accountability Act of 2011

Bill: 112-hr-3646
Sponsor: Rep. Sutton, Betty [D-OH-13]
Introduced: 2011-12-13 in the House
Policy area: Law
Subjects: Administrative law and regulatory procedures
Agricultural trade
Asia
China
Civil actions and liability
Congressional oversight
Consumer Product Safety Commission
Department of Commerce
Department of Homeland Security
Department of Transportation
Drug safety, medical device, and laboratory regulation
Environmental Protection Agency (EPA)
Food and Drug Administration (FDA)
Food supply, safety, and labeling
Foreign and international corporations
Government information and archives
Government studies and investigations
Hazardous wastes and toxic substances
Jurisdiction and venue
Manufacturing
Motor vehicles
Product safety and quality
Trade restrictions
Transportation safety and security

Summary:
action_date: 2011-12-13
text: 
Foreign Manufacturers Legal Accountability Act of 2011 - 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.
 
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.
 
Requires any person who imports into the United States a covered product manufactured or produced outside the United States to make to the U.S. Customs and Border Protection (CBP) a declaration that, to the best of the person's knowledge, with respect to the importation of each covered product, the foreign manufacturer or producer of the product has registered an agent in the United States. Subjects to certain penalties an importer who fails to provide this or files a false declaration.
 
 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.
 
 Requires the Secretary of Agriculture and the Commissioner of Food and Drugs to study jointly 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.
 
 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.
 
 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: 2012-01-17
text: Referred to the Subcommittee on Nutrition and Horticulture .
action_date: 2011-12-22
text: Referred to the Subcommittee on Trade.
action_date: 2011-12-16
text: Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
action_date: 2011-12-13
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: 2011-12-13
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: 2011-12-13
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: 2011-12-13
text: Introduced in House
action_date: 2011-12-13
text: Introduced in House