IIA
103D CONGRESS
2D SESSION
H. R. 3342
IN THE SENATE OF THE UNITED STATES
AUGUST 9 (legislative day, AUGUST 8), 1994
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
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 sec-
tion 2(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 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
regulations issued under section 2,
which shall be funded entirely from fees collected under
section 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
thereof. Consumers shall also be informed that registra-
tion 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 Unit-
ed States content.
SEC. 2. 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 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 reg-
istering products and including registered products
in information 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
included in information provided under section 1
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 1(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. 3. PENALTY.
Any manufacturer of a product who knowingly reg-
isters a product under section 2 which is not made in
America or the equivalent thereof—
(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. 4. DEFINITION.
For purposes of this Act:
(1) The term ‘‘made in America or the equiva-
lent thereof’’ means—
(A) an unmanufactured end product mined
or produced in the United States; or
(B) an end product manufactured in the
United States if the value of its components
mined, produced, or manufactured in the Unit-
ed States equals 90 percent or more of the total
value of all of its components.
(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 Com-
mission Act or the opinions, decisions, and rules of the
Federal Trade Commission under such Act regarding the
use of the term ‘‘made in America or the equivalent there-
of’’ in labels on products introduced, delivered for intro-
duction, sold, advertised, or offered for sale in commerce.
Passed the House of Representatives August 8,
1994.
Attest:
DONNALD K. ANDERSON,
Clerk.