HR 3646 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 3646CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

December 13, 2011CommentsClose CommentsPermalink

Ms. SUTTON (for herself, Mr. TURNER of Ohio, Mr. CONYERS, Ms. LINDA T. SANCHEZ of California, Ms. ZOE LOFGREN of California, Mr. RYAN of Ohio, Mr. LIPINSKI, Mr. STARK, Mr. JONES, Mr. MICHAUD, Mr. ISRAEL, Mr. PETERS, Mr. HASTINGS of Florida, Mr. COURTNEY, Mr. ANDREWS, Ms. KAPTUR, Mr. JOHNSON of Georgia, Mr. HOLDEN, Mr. YARMUTH, Mr. MURPHY of Connecticut, Mr. CRITZ, Ms. SCHAKOWSKY, Mr. GENE GREEN of Texas, and Mr. SARBANES) 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 concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Foreign Manufacturers Legal Accountability Act of 2011’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) APPLICABLE AGENCY- The term ‘applicable agency’ means, with respect to covered products--CommentsClose CommentsPermalink





(A) described in subparagraphs (A) and (B) of paragraph (3), the Food and Drug Administration;CommentsClose CommentsPermalink





(B) described in paragraph (3)(C), the Consumer Product Safety Commission;CommentsClose CommentsPermalink





(C) described in subparagraphs (D) and (E) of paragraph (3), the Environmental Protection Agency;CommentsClose CommentsPermalink





(D) described in paragraph (3)(F), the National Highway Traffic Safety Administration; andCommentsClose CommentsPermalink





(E) described in paragraph (3)(G)--CommentsClose CommentsPermalink





(i) the Food and Drug Administration, if the item is intended to be a component part of a product described in subparagraph (A) or (B) of paragraph (3);CommentsClose CommentsPermalink





(ii) the Consumer Product Safety Commission, if the item is intended to be a component part of a product described in paragraph (3)(C);CommentsClose CommentsPermalink





(iii) the Environmental Protection Agency, if the item is intended to be a component part of a product described in subparagraph (D) or (E) of paragraph (3); andCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) COMMERCE- The term ‘commerce’ means trade, traffic, commerce, or transportation--CommentsClose CommentsPermalink





(A) between a place in a State and any place outside thereof; orCommentsClose CommentsPermalink





(B) which affects trade, traffic, commerce, or transportation described in subparagraph (A).CommentsClose CommentsPermalink





(3) COVERED PRODUCT- The term ‘covered product’ means any of the following:CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(C) A consumer product, as such term is used in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052).CommentsClose CommentsPermalink





(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), in its imported form.CommentsClose CommentsPermalink





(E) A pesticide, as such term is defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136).CommentsClose CommentsPermalink





(F) A motor vehicle or motor vehicle equipment, as such terms are defined in section 30102 of title 49, United States Code.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. REGISTRATION OF AGENTS OF FOREIGN MANUFACTURERS AUTHORIZED TO ACCEPT SERVICE OF PROCESS IN THE UNITED STATES.

(a) Registration-CommentsClose CommentsPermalink





(1) IN GENERAL- Beginning on the date that is 180 days after the date on which the regulations are prescribed pursuant to subsection (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.CommentsClose CommentsPermalink





(2) LOCATION- The head of each applicable agency shall require that an agent of a foreign manufacturer or producer registered under paragraph (1) be--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) an individual, domestic firm, or domestic corporation that is a permanent resident of the United States.CommentsClose CommentsPermalink





(3) DESIGNATION BY MANUFACTURER OR PRODUCER AND ACCEPTANCE BY AGENT- The head of each applicable agency shall, at a minimum, require a--CommentsClose CommentsPermalink





(A) written designation by a foreign manufacturer or producer with respect to which paragraph (1) applies--CommentsClose CommentsPermalink





(i) signed by an official or employee of the foreign manufacturer or producer with authority to appoint an agent;CommentsClose CommentsPermalink





(ii) containing the full legal name, principal place of business, and mailing address of the manufacturer or producer; andCommentsClose CommentsPermalink





(iii) containing a statement that the designation is valid and binding on the foreign manufacturer or producer for the purposes of this Act; orCommentsClose CommentsPermalink





(B) written acceptance by the agent registered by a foreign manufacturer or producer with respect to which paragraph (1) applies--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(ii) containing the agent’s full legal name, physical address, mailing address, and phone number; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) APPLICABILITY-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(i) The value of all covered products imported from the manufacturer or producer in a calendar year.CommentsClose CommentsPermalink





(ii) The quantity of all covered products imported from the manufacturer or producer in a calendar year.CommentsClose CommentsPermalink





(iii) The frequency of importation from the manufacturer or producer in a calendar year.CommentsClose CommentsPermalink





(b) Registry of Agents of Foreign Manufacturers-CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(2) AVAILABILITY- The Secretary of Commerce shall make the registry established under paragraph (1) available--CommentsClose CommentsPermalink





(A) to the public in a searchable format through the Internet website of the Department of Commerce; andCommentsClose CommentsPermalink





(B) to the Commissioner responsible for U.S. Customs and Border Protection in a format prescribed by the Commissioner.CommentsClose CommentsPermalink





(c) Consent to Jurisdiction-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Regulations-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) establishing minimum requirements described in subsection (a)(4), and to the extent advisable and practicable for the purpose of establishing consistent minimum requirements.CommentsClose CommentsPermalink

SEC. 4. DECLARATION TO U.S. CUSTOMS AND BORDER PROTECTION.

(a) Declaration- Beginning on the date that is 180 days after the date on which the regulations required under section 3(d) are prescribed, any person importing into the United States a covered product if such product was manufactured or produced outside the United States shall provide to U.S. Customs and Border Protection a declaration that--CommentsClose CommentsPermalink





(1) the person has made appropriate inquiry as to whether the manufacturer or producer of the covered product has complied with the requirements of section 3, including by seeking appropriate documentation from the exporter of the covered product and by consulting the registry established pursuant to section 3(b); andCommentsClose CommentsPermalink





(2) to the best of the person’s knowledge, with respect to each importation of a covered product, the foreign manufacturer or producer of the product has registered an agent in the United States as required under section (3)(a).CommentsClose CommentsPermalink





(b) Penalties- An importer who fails to provide a declaration required under subsection (a), or files a false declaration, shall be subject to the applicable penalty under section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) or under title 18, United States Code, with respect to importation of a covered product.CommentsClose CommentsPermalink





(c) Regulations-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall prescribe regulations to carry out this section. The regulations shall provide that the declaration of the importer required under subsection (a) shall accompany the entry summary documentation or, in the case of repeated transactions, may be submitted on an annual basis.CommentsClose CommentsPermalink





(2) FORM- The regulations shall provide for the declaration to be submitted electronically and maintained as an electronic record within the data management systems of U.S. Customs and Border Protection.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) submit to Congress a report on the findings of the Secretary with respect to such study.CommentsClose CommentsPermalink

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

Not later than 2 years after the date of the enactment of this Act, the head of each applicable agency shall--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) submit to Congress a report on the findings of the head of the applicable agency with respect to the study.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) submit to Congress a report on the findings of the Comptroller General with respect to the study.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink