110 HR 5913 IH: To amend title 28, United States Code, to provide for U.S. House of Representatives 2008-04-29 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 2d Session H. R. 5913 IN THE HOUSE OF REPRESENTATIVES April 29, 2008 Ms. Linda T. Sánchez 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.
1.
Short title
This Act may be cited as the Protecting Americans from Unsafe Foreign Products Act.
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:
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. .
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:
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. .