US HB3646 | 2011-2012 | 112th Congress


Status

January 17 2012 - Referred to the Subcommittee on Nutrition and Horticulture .
Pending: House Subcommittee on Nutrition and Horticulture Committee
Text: Latest bill text (Introduced) [PDF]

Summary

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.

Tracking Information

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Title

Foreign Manufacturers Legal Accountability Act of 2011

Sponsors


History

DateChamberAction
2012-01-17HouseReferred to the Subcommittee on Nutrition and Horticulture .
2011-12-22HouseReferred to the Subcommittee on Trade.
2011-12-16HouseReferred to the Subcommittee on Commerce, Manufacturing, and Trade.
2011-12-13HouseReferred to House Agriculture
2011-12-13HouseReferred to House Ways and Means
2011-12-13HouseReferred to House Energy and Commerce
2011-12-13HouseReferred 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.

Same As/Similar To

SB1946 (Related) 2011-12-05 - Read twice and referred to the Committee on Finance.

Subjects


US Congress State Sources


Bill Comments

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