[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[Extensions of Remarks]
[Page 7265]
[From the U.S. Government Publishing Office, www.gpo.gov]




 INTRODUCTION OF THE PROTECTING AMERICANS FROM UNSAFE FOREIGN PRODUCTS 
                                  ACT

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                         HON. LINDA T. SANCHEZ

                             of california

                    in the house of representatives

                        Tuesday, April 29, 2008

  Ms. LINDA T. SANCHEZ of California. Madam Speaker, I rise today to 
introduce the Protecting Americans from Unsafe Foreign Products Act.
  I have been alarmed by the steady stream of defective, foreign-
manufactured products flooding our marketplace. From the millions of 
toys recalled because of lead paint to heparin, the tainted blood 
thinner that caused at least 81 deaths and scores of injuries, it has 
become increasingly clear that our health and welfare have been 
compromised by foreign-made products.
  I am also concerned that foreign manufacturers have gained an unfair 
advantage over U.S. manufacturers because foreign manufacturers have 
avoided liability for defective products in our marketplace. Because of 
the difficulties associated with serving process on and establishing 
jurisdiction over foreign manufacturers, many Americans harmed by 
defective foreign-made products never get their day in court. That is 
why I am introducing the Protecting Americans from Unsafe Foreign 
Products Act. This legislation would help eliminate the unfair 
competitive advantage enjoyed by foreign manufacturers and ensure that 
they can be held accountable for injuries consumers suffer as a result 
of defective products.
  The legislation amends current law to facilitate service of process 
on foreign manufacturers by permitting service on manufacturers 
wherever they reside, are found, have an agent, or transact business. 
Service of process and personal jurisdiction is proper so long as one 
of the following two criteria is met: (1) the manufacturer knew or 
reasonably should have known that the product or component would be 
imported for or use in the U.S.; or (2) the manufacturer had contacts 
with the U.S. whether or not such contacts occurred in the place where 
the injury occurred.
  Given the increase of imported products that do not meet U.S. 
standards for health, safety, and quality, and the fact that neither 
the Consumer Product Safety Commission nor the Food and Drug 
Administration have effectively prevented the importation of defective 
products, more consumers have become endangered. This legislation will 
improve accountability of foreign manufacturers and promote consumer 
safety, and I urge all my colleagues to join as cosponsors.

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