HR 5913
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.'.
END
