summary
Introduced
05/09/2013
05/09/2013
In Committee
06/03/2013
06/03/2013
Crossed Over
Passed
Dead
01/03/2015
01/03/2015
Introduced Session
113th Congress
Bill Summary
Foreign Manufacturers Legal Accountability Act of 2013 - Expresses the sense of Congress with respect to jurisdiction of courts in the United States over foreign manufacturers that import products into the United States. 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 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 civil or regulatory proceeding. Requires any person who imports into the United States a covered product manufactured or produced outside the United States to provide 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. Directs the CBP Commissioner to prescribe related regulations. Subjects an importer who fails to provide or files a false declaration to certain penalties. 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 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. Requires the head of each agency cited in this Act similarly to study feasible and advisable methods of requiring foreign manufacturers or producers of component parts of covered products distributed in U.S. commerce to establish registered agents in the United States for purposes of such service of process.
AI Summary
This bill, the Foreign Manufacturers Legal Accountability Act of 2013, aims to hold foreign companies accountable for products sold in the United States by requiring them to appoint a registered agent in the U.S. authorized to accept legal documents on their behalf. This applies to foreign manufacturers of "covered products," which include drugs, cosmetics, medical devices, biological products, consumer products, chemicals, and pesticides, as well as component parts of these items. Agencies like the Food and Drug Administration (FDA), the Consumer Product Safety Commission (CPSC), and the Environmental Protection Agency (EPA) will oversee this requirement, with specific thresholds for product value or quantity triggering the obligation. By registering an agent, foreign manufacturers will be deemed to consent to the jurisdiction of U.S. state and federal courts in the state where their agent is located for any related regulatory proceedings or civil lawsuits, addressing the current difficulty in serving legal papers on foreign entities and ensuring they cannot evade accountability. Importers will be required to declare that foreign manufacturers have complied with these agent registration requirements, and failure to do so or filing a false declaration can result in penalties. The bill also mandates studies on extending similar agent registration requirements to foreign food producers and manufacturers of component parts.
Committee Categories
Agriculture and Natural Resources, Business and Industry
Sponsors (55)
Matt Cartwright (D)*,
Robert Andrews (D),
Suzanne Bonamici (D),
Robert Brady (D),
Bruce Braley (D),
Julia Brownley (D),
Michael Capuano (D),
André Carson (D),
Steve Cohen (D),
John Conyers (D),
Joe Courtney (D),
Peter DeFazio (D),
Lloyd Doggett (D),
Donna Edwards (D),
Keith Ellison (D),
William Enyart (D),
Anna Eshoo (D),
Alan Grayson (D),
Gene Green (D),
Alcee Hastings (D),
Brian Higgins (D),
Sheila Jackson-Lee (D),
Eddie Johnson (D),
Hank Johnson (D),
Walter Jones (R),
Dave Joyce (R),
Marcy Kaptur (D),
Bill Keating (D),
Robin Kelly (D),
Ann Kuster (D),
Barbara Lee (D),
Stephen Lynch (D),
Carolyn McCarthy (D),
Betty McCollum (D),
Jim McGovern (D),
Michael Michaud (D),
Patrick Murphy (D),
Eleanor Holmes Norton (D),
Donald Payne (D),
Ed Perlmutter (D),
Gary Peters (D),
Collin Peterson (D),
Mark Pocan (D),
Bill Posey (R),
Bobby Rush (D),
Tim Ryan (D),
Linda Sánchez (D),
Carol Shea-Porter (D),
Eric Swalwell (D),
John Tierney (D),
Mike Turner (R),
Filemón Vela (D),
Debbie Wasserman Schultz (D),
Frederica Wilson (D),
John Yarmuth (D),
Last Action
Referred to the Subcommittee on Trade. (on 06/03/2013)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.congress.gov/bill/113th-congress/house-bill/1910/all-info | 05/10/2013 |
| BillText | http://gpo.gov/fdsys/pkg/BILLS-113hr1910ih/pdf/BILLS-113hr1910ih.pdf | 05/16/2013 |
| Bill | http://gpo.gov/fdsys/pkg/BILLS-113hr1910ih/pdf/BILLS-113hr1910ih.pdf.pdf | 05/16/2013 |
Loading...