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.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4678 Introduced in House (IH)]
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. Sanchez of
California, Mr. Conyers, Ms. Zoe Lofgren of California, Mrs. Miller of
Michigan, 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. Kaptur, 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 consideration 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 purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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; or
(C) described in subparagraphs (D) and (E) of
paragraph (3), the Environmental Protection 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:
(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 commerce, or to hold for sale or
distribution after introduction into commerce.
SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS 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 except as provided in paragraph
(3), the head of each applicable agency shall require foreign
manufacturers 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 behalf of such manufacturer or producer for the
purpose 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 manufacturer or producer
registered under paragraph (1) be located in a State with a
substantial connection to the importation, distribution, or
sale of the products of such foreign manufacturer or producer.
(3) Minimum size.--Paragraph (1) shall only apply to
foreign manufacturers and producers that manufacture or produce
covered products (or component 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
applicable agency under this section.
(b) Registry of Agents of Foreign Manufacturers.--
(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 Commerce 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 manufacturer 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 described in subsection
(a)(1), the Secretary of Commerce and each head of an applicable agency
shall prescribe regulations 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 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. 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
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 inconsistent with the provisions of this Act,
and then only to the extent of such inconsistency.
<all>
Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
Referred to the Subcommittee on Trade.
Referred to the Subcommittee on Horticulture and Organic Agriculture.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 31 - 22.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-683, Part I.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 111-683, Part I.
House Committee on Ways and Means Granted an extension for further consideration ending not later than Dec. 17, 2010.
House Committee on Agriculture Granted an extension for further consideration ending not later than Dec. 17, 2010.
House Committee on Ways and Means Granted an extension for further consideration ending not later than Dec. 21, 2010.
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House Committee on Agriculture Granted an extension for further consideration ending not later than Dec. 21, 2010.
House Committee on Ways and Means Granted an extension for further consideration ending not later than Dec. 22, 2010.
House Committee on Agriculture Granted an extension for further consideration ending not later than Dec. 22, 2010.
Committee on Ways and Means discharged.
Committee on Ways and Means discharged.
Committee on Agriculture discharged.
Committee on Agriculture discharged.
Placed on the Union Calendar, Calendar No. 413.