I 
114TH CONGRESS 
2D SESSION 
H. R. 4409 
To direct the Federal Trade Commission to establish labels that may be 
used as a voluntary means of indicating to consumers the extent to 
which products are of United States origin, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 1, 2016 
Mr. CARNEY (for himself and Mr. FITZPATRICK) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To direct the Federal Trade Commission to establish labels 
that may be used as a voluntary means of indicating 
to consumers the extent to which products are of United 
States origin, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Made in America Act 
of 2016’’. 
SEC. 2. AMERICA STAR LABELS. 
(a) ESTABLISHMENT.—Not later than 2 years after 
the date of the enactment of this Act, the Commission 
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shall promulgate regulations in accordance with section 
553 of title 5, United States Code, to establish labels that 
a person may use as a voluntary means of indicating to 
consumers the extent to which products that such person 
introduces, delivers for introduction, sells, advertises, or 
offers for sale in commerce are of United States origin. 
Such labels shall be known as America Star labels. 
(b) REQUIREMENTS FOR LABELS.— 
(1) IN GENERAL.—The regulations required by 
subsection (a) shall establish 4 America Star labels, 
as follows: 
(A) A label that may be used for a product 
that satisfies the standard for an unqualified 
United States origin claim set forth by the 
Commission in the Enforcement Policy State-
ment. 
(B) A label that may be used for a product 
for which not less than 90 percent of the total 
cost of manufacturing the product is attrib-
utable to United States costs, as determined 
under the Enforcement Policy Statement. 
(C) A label that may be used for a product 
for which not less than 80 percent of the total 
cost of manufacturing the product is attrib-
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utable to United States costs, as determined 
under the Enforcement Policy Statement. 
(D) A label that may be used for a product 
for which not less than 70 percent of the total 
cost of manufacturing the product is attrib-
utable to United States costs, as determined 
under the Enforcement Policy Statement. 
(2) GOALS.—The America Star labels shall be 
designed to achieve the following goals: 
(A) Providing clarity for consumers about 
the extent to which products are manufactured 
in the United States. 
(B) Encouraging manufacturers to manu-
facture more products in the United States. 
(C) Highlighting the importance of domes-
tic manufacturing for the economy of the 
United States. 
(3) APPEARANCE AND CONTENT; ADDITIONAL 
STANDARDS AND REQUIREMENTS.—The regulations 
required by subsection (a) shall establish the visual 
appearance and content of the America Star labels, 
any standards (in addition to the standards de-
scribed in paragraph (1)) that a product shall meet 
in order for a particular America Star label to be 
used for such product, and requirements for the per-
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missible use of the America Star labels, as the Com-
mission considers appropriate to achieve the goals 
described in paragraph (2) and to ensure that the 
labels— 
(A) are consistent with public perceptions 
of the meaning of descriptions of the extent to 
which a product is of United States origin; and 
(B) are not used in a way that is unfair 
or deceptive, including, for a product that does 
not meet the standards for an America Star 
label, placing such label on such product, using 
such label in any marketing materials for such 
product, or in any other way representing that 
such product meets the standards of such label. 
(c) USE OF LABELS VOLUNTARY.—The Commission 
may not require a person who makes a qualified or un-
qualified claim that a product is of United States origin 
to use an America Star label to make such claim. 
(d) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to affect the standards of the Commis-
sion in effect on the day before the date of the enactment 
of this Act for a qualified or unqualified claim that a prod-
uct is of United States origin. 
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(e) CONSULTATION.—In promulgating the regula-
tions required by subsection (a), the Commission shall 
consult with— 
(1) the Commissioner of United States Customs 
and Border Protection in order to ensure consistency 
with the country of origin labeling requirements 
under section 304 of the Tariff Act of 1930 (19 
U.S.C. 1304); and 
(2) the United States Trade Representative in 
order to ensure consistency with the obligations of 
the United States under international trade agree-
ments. 
(f) ENFORCEMENT.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of a regulation promulgated 
under this section shall be treated as a violation of 
a regulation under section 18(a)(1)(B) of the Fed-
eral 
Trade 
Commission 
Act 
(15 
U.S.C. 
57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices. 
(2) POWERS
OF
COMMISSION.—The Commis-
sion shall enforce the regulations promulgated under 
this section in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the 
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Federal Trade Commission Act (15 U.S.C. 41 et 
seq.) were incorporated into and made a part of this 
Act. Any person who violates a regulation promul-
gated under this section shall be subject to the pen-
alties and entitled to the privileges and immunities 
provided in the Federal Trade Commission Act. 
SEC. 3. PREEMPTION OF CERTAIN STATE REQUIREMENTS. 
(a) REQUIREMENTS MORE STRINGENT THAN FTC 
STANDARDS.—Section 320933 of the Violent Crime Con-
trol and Law Enforcement Act of 1994 (15 U.S.C. 45a) 
and any regulation promulgated by the Commission under 
such section shall supercede any provision of law of a 
State or a political subdivision of a State that imposes 
more stringent requirements relating to the extent to 
which any person may introduce, deliver for introduction, 
sell, advertise, or offer for sale in commerce a product with 
a ‘‘Made in the U.S.A.’’ or ‘‘Made in America’’ label, or 
the equivalent thereof, in order to represent that such 
product is in whole or substantial part of domestic origin. 
(b) REQUIREMENTS LIMITING ABILITY TO USE 
AMERICA STAR LABELS.—The regulations promulgated 
under section 2 shall supercede any provision of law of 
a State or a political subdivision of a State relating to 
the extent to which any person introduces, delivers for in-
troduction, sells, advertises, or offers for sale in commerce 
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a product with a ‘‘Made in the U.S.A.’’ or ‘‘Made in Amer-
ica’’ label, or the equivalent thereof, in order to represent 
that such product is in whole or substantial part of domes-
tic origin, to the extent that such provision would have 
the effect of limiting the ability of a person to use an 
America Star label with respect to a product in accordance 
with such regulations. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) ENFORCEMENT POLICY STATEMENT.—The 
term ‘‘Enforcement Policy Statement’’ means the 
Enforcement Policy Statement on U.S. Origin 
Claims issued by the Commission in December 1998, 
or any successor guidance or regulation. 
(3) STATE.—The term ‘‘State’’ means each of 
the several States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each federally recognized Indian tribe. 
Æ 
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