I
107TH CONGRESS
1ST SESSION
H. R. 725
To establish a toll free number under the Federal Trade Commission to
assist consumers in determining if products are American-made.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 26, 2001
Mr. TRAFICANT (for himself and Mr. BARRETT of Wisconsin) introduced the
following bill; which was referred to the Committee on Energy and Commerce
A BILL
To establish a toll free number under the Federal Trade
Commission to assist consumers in determining if prod-
ucts 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. SHORT TITLE.
This Act may be cited as the ‘‘Made in America In-
formation Act’’.
SEC. 2. ESTABLISHMENT OF TOLL FREE NUMBER PILOT
PROGRAM.
(a) ESTABLISHMENT.—If the Secretary of Commerce
determines, on the basis of comments submitted in the
rulemaking under section 3, 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 sec-
tion 3(c) so that the program will operate without
cost to the Federal Government,
the Secretary shall establish such program solely to help
inform consumers whether a product is ‘‘Made in Amer-
ica’’. 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
regulations issued under section 3,
which shall be funded entirely from fees collected under
section 3(c).
(c) USE.—The toll free number shall be used solely
to inform consumers as to whether products are registered
under section 3 as ‘‘Made in America’’. 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’’ in
section 5 of this Act, or
(3) that the product contains 100 percent
United States content.
SEC. 3. REGISTRATION.
(a) PROPOSED
REGULATION.—The Secretary of
Commerce 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
‘‘Made in America’’ in section 5 of this Act and have
such product included in the information available
through the toll free number established under sec-
tion 2(a);
(2) to establish, assess, and collect a fee to
cover all the costs (including start-up costs) of reg-
istering products and including registered products
in information provided under the toll-free number;
(3) for the establishment under section 2(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 regulation.
(c) REGISTRATION FEE.—
(1) IN GENERAL.—Manufacturers of products
included in information provided under section 2
shall be subject to a fee imposed by the Secretary
of Commerce to pay the cost of registering products
and including them in information provided under
subsection (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 manu-
facturer’s product and providing product infor-
mation directly attributable to such manufac-
turer, 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 sala-
ries and expenses directly attributable to reg-
istration of manufacturers and having products
included in the information provided under sec-
tion 2(a).
(3) CREDITING AND AVAILABILITY OF FEES.—
(A) IN GENERAL.—Fees collected for a fis-
cal year pursuant to paragraph (1) shall be
credited to the appropriation account for sala-
ries and expenses of the Secretary of Commerce
and shall be available in accordance with appro-
priation 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 fis-
cal year, and
(ii) shall only be collected and avail-
able for the costs described in paragraph
(2).
SEC. 4. PENALTY.
Any manufacturer of a product who knowingly reg-
isters a product under section 3 which is not ‘‘Made in
America’’—
(1) shall be subject to a civil penalty of not
more than $7500 which the Secretary of Commerce
may assess and collect, and
(2) shall not offer such product for purchase by
the Federal Government.
SEC. 5. DEFINITION.
For purposes of this Act:
(1) The term ‘‘Made in America’’ has the
meaning given unqualified ‘‘Made in U.S.A.’’ or
‘‘Made in America’’ claims for purposes of laws ad-
ministered by the Federal Trade Commission.
(2) The term ‘‘product’’ means a product with
a retail value of at least $250.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act or in any regulation promulgated
under section 3 shall be construed to alter, amend, modify,
or otherwise affect in any way, the Federal Trade Com-
mission Act or the opinions, decisions, rules, or any guid-
ance issued by the Federal Trade Commission regarding
the use of unqualified ‘‘Made in U.S.A.’’ or ‘‘Made in
America’’ claims in labels on products introduced, deliv-
ered for introduction, sold, advertised, or offered for sale
in commerce.
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