[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5913 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5913

   To amend title 28, United States Code, to provide for service of 
 process over foreign nationals in cases involving defective products 
      causing injury in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2008

 Ms. Linda T. Sanchez of California (for herself, Mr. Conyers, Ms. Zoe 
  Lofgren of California, Mr. Cohen, and Mr. Grijalva) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend title 28, United States Code, to provide for service of 
 process over foreign nationals in cases involving defective products 
      causing injury in the United States, 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 ``Protecting Americans from Unsafe 
Foreign Products Act''.

SEC. 2. SERVICE OF PROCESS ON FOREIGN MANUFACTURERS IN CERTAIN CASES.

    (a) In General.--Chapter 113 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1698. Service on foreign manufacturers in certain cases
    ``(a) Service of Process.--Process in any action that is brought in 
a Federal or State court against a citizen or subject of a foreign 
state, for injury that was sustained in the United States and that 
relates to the purchase or use of a product, or component thereof, that 
is manufactured outside the United States by the citizen or subject may 
be served on the citizen or subject wherever the citizen or subject 
resides, is found, has an agent, or transacts business, if the citizen 
or subject--
            ``(1) knew or reasonably should have known that the product 
        or component would be imported for sale or use in the United 
        States; or
            ``(2) had contacts with the United States, whether or not 
        such contacts occurred in the place where the injury occurred.
    ``(b) Personal Jurisdiction.--Service on a citizen or subject under 
subsection (a) establishes jurisdiction over the person of the citizen 
or subject.
    ``(c) Definitions.--As used in this subsection--
            ``(1) an `agent' of a citizen or subject of a foreign state 
        who manufactures a product or component includes an importer, 
        distributor, wholesaler, or other commercial entity who 
        conducts business with the citizen or subject for the purpose 
        of selling, or incorporating into another product for sale, in 
        the United States the product or component;
            ``(2) a citizen or subject of a foreign state `transacts 
        business' in a place if a product or component manufactured by 
        that citizen or subject is sold in that place, whether directly 
        by the citizen or subject, or through an intermediary, 
        subsidiary, affiliate, or partner of the citizen or subject; 
        and
            ``(3) the term `State' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, and any territory of the 
        United States.
    ``(d) Service on Agent or Related Entity.--For purposes or 
subsection (a), service on an agent of a citizen or subject of a 
foreign state, or on an intermediary, subsidiary, affiliate, or partner 
of the citizen or subject to whom subsection (c)(2) applies, 
constitutes service on the citizen or subject.''.
    (b) Conforming Amendment.--The table of sections for chapter 113 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``1698. Service on foreign manufacturers in certain cases.''.

SEC. 3. CHOICE OF LAW IN CERTAIN ACTIONS AGAINST CITIZENS OR SUBJECTS 
              OF FOREIGN STATES.

    (a) In General.--Chapter 111 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1660. Choice of law in certain actions against manufacturers who 
              are citizens or subjects of foreign states
    ``(a) In General.--In any civil action in any State or Federal 
court against a citizen or subject of a foreign state for injury 
sustained in the United States that relates to the purchase or use of a 
product, or component thereof, manufactured outside the United States, 
the law of the State where the injury occurred shall govern all issues 
concerning liability and damages.
    ``(b) Definition.--As used in this section, the term `State' 
includes the District of Columbia, the Commonwealth of Puerto Rico, and 
any territory of the United States.''.
    (b) Conforming Amendment.--The table of sections at the beginning 
of chapter 111 of title 28, United States Code, is amended by adding at 
the end the following new item:

``1660. Choice of law in certain actions against manufacturers who are 
                            citizens or subjects of foreign states.''.
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