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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 ''applicable agency''
means, with respect to covered products--
(A) described in subparagraphs (A) and (B) of
paragraph (3), the Food and Drug Administration;
(B) described in paragraph (3)(C), the Consumer
Product Safety Commission;
(C) described in subparagraphs (D) and (E) of
paragraph (3), the Environmental Protection Agency;
(D) described in paragraph (3)(F), the National
Highway Traffic Safety Administration; and
(E) described in paragraph (3)(G)--
(i) the Food and Drug Administration, if
the item is intended to be a component part of
a product described in subparagraphs (A) or (B)
of paragraph (3);
(ii) the Consumer Product Safety
Commission, if the item is intended to be 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 subparagraphs (D) or
(E) of paragraph (3); and
(iv) the National Highway Traffic Safety
Administration, if the item is intended to be a
component part of a product 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).
(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).
(F) A motor vehicle or motor vehicle equipment, 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 commerce, or to hold for sale or
distribution after introduction into commerce.
(5) Foreign manufacturer or producer.--The term ''foreign
manufacturer or producer'' does not include--
(A) a foreign manufacturer or producer of covered
products that is owned or controlled, directly or
indirectly, by one or more United States natural or
legal persons, if--
(i) the United States natural or legal
person has assets in excess of the foreign
manufacturer or producer; or
(ii) the United States natural or legal
person owns or controls more than one foreign
manufacturer or producer of covered products
and such person has assets in excess of the
average assets held by each foreign
manufacturer or producer; or
(B) a foreign manufacturer or producer of covered
products that owns or controls, or through common
ownership or control is affiliated with, directly or
indirectly, one or more United States operating legal
persons if the principal executive officer residing in
the United States of each United States operating legal
person certifies in writing to the applicable agency
that such person--
(i) is responsible for any liability from a
covered product of the foreign manufacturer or
producer, including liability from the design,
testing, assembly, manufacturing, warnings,
labeling, inspection, packaging, or any other
cause of action related to the covered product;
and
(ii) will serve as the initial point of
contact for the applicable agency in case of a
voluntary or mandatory recall or other issue
involving the safety of a covered product.

SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS 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 section 3(d) and except as provided in this subsection, the
head of each applicable 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 behalf of such
manufacturer or producer for the purpose 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
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 manufacturer or producer
registered under paragraph (1) be--
(A) located in a State chosen by the foreign
manufacturer or producer with a substantial connection
to the importation, distribution, or sale of the
products of the foreign manufacturer or producer; and
(B) an individual, domestic firm, or domestic
corporation that is a permanent resident of the United
States.
(3) Designation by manufacturer or producer and acceptance
by agent.--The head of each applicable agency shall, at a
minimum, require a--
(A) written designation by a foreign manufacturer
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
address of the manufacturer or producer; and
(iii) containing a statement that the
designation is valid and binding on the foreign
manufacturer or producer for the purposes of
this Act.
(B) written acceptance by the agent registered by a
foreign manufacturer or producer with respect to which
paragraph (1) applies--
(i) signed by the agent or, in the case in
which a domestic firm or domestic corporation
is designated as an agent, an official or
employee of the firm or corporation with
authority to sign for the firm or corporation;
(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 acknowledges that
the duties of the agent may not be assigned to
another person or entity and the duties remain
in effect until withdrawn or replaced by the
foreign manufacturer 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 minimum
requirements for application of paragraph (1) to a
foreign manufacturer or producer, 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 producer in a
calendar year.
(ii) The quantity of all covered products
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 Manufacturers and
Certifications.--
(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), certifications submitted under section 2(5)(B),
and certifications removed pursuant to subsection (e).
(2) Availability.--The Secretary of Commerce 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
(B) to the Commissioner responsible for U.S.
Customs and Border Protection in a format 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 personal 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 plaintiffs 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 Secretary of Commerce, the
Commissioner responsible for U.S. Customs and Border
Protection, and each head of an applicable agency shall
prescribe regulations to carry out this section.
(2) Interagency cooperation.--The Secretary of Commerce,
the Commissioner responsible for U.S. Customs and Border
Protection, and each 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 efficient
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 establishing consistent
minimum requirements.
(e) Certification Requirements.--Upon actual knowledge or verified
information that any person to whom the requirements of section 2(5)(B)
applies has failed to fulfill such requirements the applicable agency
shall--
(1) notify the Secretary of Commerce that the certification
of such person must be removed from the registry under section
3(b); and
(2) notify such person that the related foreign
manufacturer or producer must comply with section 3.

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 described in section 3(a) whose authority is in effect
on the date of the importation.
(b) Enforcement.--The Secretary of Homeland Security shall
prescribe regulations to enforce the prohibition in subsection (a).

SEC. 5. REPORTING OF DEFECTS IN COVERED PRODUCTS IN FOREIGN COUNTRIES.

(a) Determination by Manufacturer or Producer.--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 conducted 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 determination to the head of the applicable
agency.
(c) Reporting Requirements.--Not later than the date described in
subsection (d), the head of each applicable agency shall prescribe the
contents of the notification required by this section.
(d) Effective Date.--Except as provided in subsection (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 Commissioner of Food and Drugs
shall jointly--
(1) complete a study on 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 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.

SEC. 7. STUDY ON REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AND
PRODUCERS OF COMPONENT PARTS WITHIN COVERED PRODUCTS.

Not later than 1 year after the date of the enactment 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 products 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 manufacturers 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.

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 proceeding or any civil action in
State or Federal court relating to defective drywall imported
from the People'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 inconsistent with the provisions of this Act,
and then only to the extent of such inconsistency.
Output:
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.