Union Calendar No. 399
104TH CONGRESS
2D SESSION
H. R. 447
[Report No. 104–753]
A BILL
To establish a toll free number in the Department
of Commerce to assist consumers in determining
if products are American-made.
AUGUST 2, 1996
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 399
104TH CONGRESS
2D SESSION
H. R. 447
[Report No. 104–753]
To establish a toll free number in the Department of Commerce to assist
consumers in determining if products are American-made.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 9, 1995
Mr. TRAFICANT introduced the following bill; which was referred to the
Committee on Commerce
AUGUST 2, 1996
Additional sponsors: Mr. SERRANO, Mr. BARTLETT of Maryland, Mr. DIN-
GELL, Mr. ENGLISH of Pennsylvania, Mr. MURTHA, Mr. HUNTER, Mr.
BROWN of Ohio, Mr. TOWNS, Mr. SABO, Mr. FROST, Mr. BARRETT of
Wisconsin, Mr. LAUGHLIN, Mr. SCOTT, Mr. BREWSTER, Mr. PARKER,
Ms. PELOSI, Mr. VISCLOSKY, Mr. LIPINSKI, Mr. GUNDERSON, Mr.
MOAKLEY, Mr. FAZIO of California, Mr. WILSON, Mr. JOHNSON of South
Dakota, Mr. EVANS, Mr. DEFAZIO, Mr. CHAPMAN, Mr. STEARNS, Mr.
GENE GREEN of Texas, Mr. MCNULTY, Mr. TAYLOR of Mississippi, Mr.
MCHUGH, Mr. BONIOR, Mr. HILLIARD, Mr. ORTIZ, Mr. BLUTE, Mr.
KANJORSKI, Mr. HEFNER, Mr. HAYES, Mr. BRYANT of Texas, Mr.
VENTO, Mr. HOLDEN, Ms. SLAUGHTER, Mr. SANDERS, Mr. JACOBS, Mrs.
MEEK of Florida, Mr. REGULA, Mr. WATT of North Carolina, Ms. RIV-
ERS, Mr. EMERSON, Ms. KAPTUR, Mrs. CLAYTON, Mr. MARTINEZ, Mr.
TORRES, Ms. ESHOO, Ms. EDDIE BERNICE JOHNSON of Texas, Ms.
MCKINNEY, Mr. MINETA, Mr. OWENS, Mr. OXLEY, Mr. BACHUS, Mr.
QUINN, Mr. WYNN, Mr. FILNER, Mr. WAXMAN, Mr. OBERSTAR, Mr.
UNDERWOOD, Mr. DOYLE, Mr. HAMILTON, Mr. FARR of California, Mr.
SOLOMON, Mr. THOMPSON, Mr. COLEMAN, Ms. BROWN of Florida, Mr.
NEY, Mrs. MEYERS of Kansas, Mr. STUPAK, Mr. HASTINGS of Florida,
Mr. KLINK, Mr. DELLUMS, Mr. REYNOLDS, Mr. GUTIERREZ, Mr.
ENGEL, Mr. CLINGER, Mr. FRAZER, Mr. FOGLIETTA, Mr. ACKERMAN,
Mr. BEREUTER, Mr. LEWIS of Georgia, Mr. CLYBURN, Mr. THORNTON,
Mr. WELDON of Pennsylvania, Mr. WELDON of Florida, Ms. DELAURO,
Mr. ANDREWS, and Mr. GILLMOR.
AUGUST 2, 1996
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 9, 1995]
A BILL
To establish a toll free number in the Department of Com-
merce to assist consumers in determining if products
are American-made.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ESTABLISHMENT OF TOLL FREE NUMBER
PILOT PROGRAM.
(a) ESTABLISHMENT.—If the Secretary of Commerce
determines, on the basis of comments submitted in rule-
making under section 2, that—
(1) interest among manufacturers is sufficient to
warrant the establishment of a 3-year toll free number
pilot program, and
(2) manufacturers will provide fees under section
2(c) so that the program will operate without cost to
the Federal Government,
the Secretary shall establish such program solely to help in-
form consumers whether a product is made in America or
the equivalent thereof. The Secretary shall publish the toll-
free number by notice in the Federal Register.
(b) CONTRACT.—The Secretary of Commerce shall
enter into a contract for—
(1) the establishment and operation of the toll
free number pilot program provided for in subsection
(a), and
(2) the registration of products pursuant to regu-
lations issued under section 2,
which shall be funded entirely from fees collected under sec-
tion 2(c).
(c) USE.—The toll free number shall be used solely to
inform consumers as to whether products are registered
under section 2 as made in America or the equivalent there-
of. Consumers shall also be informed that registration of
a product does not mean—
(1) that the product is endorsed or approved by
the Government,
(2) that the Secretary has conducted any inves-
tigation to confirm that the product is a product
which meets the definition of made in America or the
equivalent thereof, or
(3) that the product contains 100 percent United
States content.
SEC. 2. REGISTRATION.
(a) PROPOSED REGULATION.—The Secretary of Com-
merce shall propose a regulation—
(1) to establish a procedure under which the
manufacturer of a product may voluntarily register
such product as complying with the definition of a
product made in America or the equivalent thereof
and have such product included in the information
available through the toll free number established
under section 1(a);
(2) to establish, assess, and collect a fee to cover
all the costs (including start-up costs) of registering
products and including registered products in infor-
mation provided under the toll-free number;
(3) for the establishment under section 1(a) of
the toll-free number pilot program; and
(4) to solicit views from the private sector con-
cerning the level of interest of manufacturers in reg-
istering products under the terms and conditions of
paragraph (1).
(b) PROMULGATION.—If the Secretary determines
based on the comments on the regulation proposed under
subsection (a) that the toll-free number pilot program and
the registration of products is warranted, the Secretary
shall promulgate such regulations.
(c) REGISTRATION FEE.—
(1) IN GENERAL.—Manufacturers of products in-
cluded in information provided under section 1 shall
be subject to a fee imposed by the Secretary of Com-
merce to pay the cost of registering products and in-
cluding them in information provided under sub-
section (a).
(2) AMOUNT.—The amount of fees imposed under
paragraph (1) shall—
(A) in the case of a manufacturer, not be
greater than the cost of registering the manufac-
turer’s product and providing product informa-
tion directly attributable to such manufacturer,
and
(B) in the case of the total amount of fees,
not be greater than the total amount appro-
priated to the Secretary of Commerce for salaries
and expenses directly attributable to registration
of manufacturers and having products included
in the information provided under section 1(a).
(3) CREDITING AND AVAILABILITY OF FEES.—
(A) IN GENERAL.—Fees collected for a fiscal
year pursuant to paragraph (1) shall be credited
to the appropriation account for salaries and ex-
penses of the Secretary of Commerce and shall be
available in accordance with appropriation Acts
until expended without fiscal year limitation.
(B) 
COLLECTIONS
AND
APPROPRIATION
ACTS.—The fees imposed under paragraph (1)—
(i) shall be collected in each fiscal year
in an amount equal to the amount specified
in appropriation Acts for such fiscal year,
and
(ii) shall only be collected and avail-
able for the costs described in paragraph
(2).
SEC. 3. PENALTY.
Any manufacturer of a product who knowingly reg-
isters a product under section 2 which is not made in Amer-
ica or the equivalent thereof—
(1) shall be subject to a civil penalty of not more
than $7500 which the Secretary of Commerce may as-
sess and collect, and
(2) shall not offer such product for purchase by
the Federal Government.
SEC. 4. DEFINITION.
For purposes of this Act:
(1) The term ‘‘made in America or the equiva-
lent thereof’’, with respect to a product, has the mean-
ing given such term for purposes of laws administered
by the Federal Trade Commission.
(2) The term ‘‘product’’ means a product with a
retail value of at least $250.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act or in any regulation promulgated
under section 2 shall be construed to alter, amend, modify,
or otherwise affect in any way, the Federal Trade Commis-
sion Act or the opinions, decisions, rules, or any guidance
issued by the Federal Trade Commission regarding the use
of the term ‘‘made in America or the equivalent thereof’’
in labels on products introduced, delivered for introduction,
sold, advertised, or offered for sale in commerce.