113 HR 2664 IH: Made in America Act of 2013 U.S. House of Representatives 2013-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 113th CONGRESS 1st Session H. R. 2664 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 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 Secretary of Commerce to establish a voluntary program under which manufacturers may have products certified as meeting the standards of labels that indicate to consumers the extent to which the products are manufactured in the United States.

1.

Short title

This Act may be cited as the Made in America Act of 2013.

2.

America Star Program

(a)

In general

The Secretary shall establish a voluntary program, to be known as the America Star Program, under which manufacturers may have products certified as meeting the standards of labels that indicate to consumers the extent to which the products are manufactured in the United States. (b)

Establishment of labels

(1)

In general

The Secretary shall by rule establish such America Star labels as the Secretary considers appropriate, including the content of the labels and the standards that a product shall meet in order to bear a particular America Star label. The labels shall be consistent with public perceptions of the meaning of descriptions of the extent to which a product is manufactured in the United States. (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 manufacture more products in the United States. (C)Highlighting the importance of domestic manufacturing for the economy of the United States. (c)

Certification of products

(1)

Application procedures

A manufacturer that wishes to have a product certified as meeting the standards of an America Star label may apply to the Secretary for certification in accordance with such procedures as the Secretary shall by rule establish. (2)

Action by Secretary

After receiving an application for certification under paragraph (1), the Secretary shall, not later than a reasonable time to be specified by the Secretary by rule— (A)determine whether the product meets the standards of the label; (B)if the product meets such standards, certify the product; and (C)notify the manufacturer of the determination and whether the product has been certified. (d)

Monitoring; withdrawal of certification

(1)

Monitoring

The Secretary shall conduct such monitoring and compliance review as the Secretary considers necessary to— (A)detect violations of subsection (h); and (B)ensure that products certified as meeting the standards of America Star labels continue to meet such standards. (2)

Withdrawal of certification

(A)

On initiative of Secretary

If the Secretary determines that a product certified as meeting the standards of an America Star label no longer meets such standards, the Secretary shall— (i)notify the manufacturer of the determination and any corrective action that would enable the product to meet such standards; and (ii)if the manufacturer does not take such action within a reasonable time after receiving notification under clause (i), to be specified by the Secretary by rule, the Secretary shall withdraw the certification of the product and notify the manufacturer of the withdrawal. (B)

At request of manufacturer

At the request of the manufacturer of a product, the Secretary shall withdraw the certification of the product and notify the manufacturer of the withdrawal. (e)

Regulations

(1)

In general

The Secretary may promulgate such regulations as are necessary to implement this section. (2)

Deadline

Not later than 2 years after the date of the enactment of this Act, the Secretary shall promulgate such regulations as are necessary to begin certifying products under the America Star Program. (f)

Administration by contract

The Secretary may enter into a contract with a person under which such person carries out certification determinations under subsection (c), monitoring activities and withdrawal determinations under subsection (d), collection of fees under subsection (k)(1) and the remission of such fees to the Secretary (but not the establishment of the amounts of such fees), and related administrative activities. For purposes of subsections (h) and (j), such a determination, activity, or collection by such person shall be considered to be an action of the Secretary. (g)

Consultation

(1)

With Federal Trade Commission

In establishing the America Star labels and operating the America Star Program, the Secretary shall consult with the Federal Trade Commission to ensure consistency with the requirements enforced by the Commission with respect to representations of the extent to which products are manufactured in the United States. (2)

With private-sector companies

In establishing the America Star labels and operating the America Star Program, the Secretary should consult with private-sector companies that have developed labeling programs to verify or certify to consumers the extent to which products are manufactured in the United States. (h)

Prohibited conduct

Unless there is in effect a certification by the Secretary that a product meets the standards of an America Star label, a person may not place such label on such product, use such label in any marketing materials for such product, or in any other way represent that such product meets or is certified as meeting the standards of such label. (i)

Enforcement

(1)

Civil penalty

Any person who knowingly violates subsection (h) shall be subject to a civil penalty of not more than $10,000. (2)

Ineligibility

(A)

In general

Except as provided in subparagraph (C), if the Secretary determines that a manufacturer— (i)has made a false statement to the Secretary in connection with the America Star Program; (ii)knowing, or having reason to know, that a product does not meet the standards of an America Star label, has placed such label on such product, has used such label in any marketing materials for such product, or in any other way has represented that such product meets or is certified as meeting the standards of such label; or (iii)has otherwise violated the purposes of the America Star Program; the Secretary may not, for a period of 5 years after the conduct described in clause (i), (ii), or (iii), certify the product to which such conduct relates as meeting the standards of an America Star label.(B)

Effect on existing certification

In the case of a product with respect to which, at the time of the determination of the Secretary under subparagraph (A), there is in effect a certification by the Secretary that the product meets the standards of an America Star label— (i)if the product continues to meet such standards, the Secretary may either withdraw the certification or allow the certification to continue in effect, as the Secretary considers appropriate; and (ii)if the product no longer meets such standards, the Secretary shall withdraw the certification. (C)

Waiver

Notwithstanding subparagraph (A), the Secretary may waive or reduce the period referred to in such subparagraph if the Secretary determines that the waiver or reduction is in the best interests of the America Star Program. (3)

False statements

A false statement in connection with the America Star Program to a person with whom the Secretary contracts under subsection (f) shall be considered a false statement to the Secretary for purposes of paragraph (2)(A)(i) and section 1001 of title 18, United States Code. (j)

Administrative appeal

(1)

Expedited appeals procedure

The Secretary shall establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary under this section that— (A)adversely affects such person; or (B)is inconsistent with the America Star Program. (2)

Appeal of final decision

A final decision of the Secretary under paragraph (1) may be appealed to the United States district court for the district in which the person is located. (k)

Offsetting collections

(1)

In general

The Secretary may collect reasonable fees from— (A)manufacturers that apply for certification of products as meeting the standards of America Star labels; and (B)manufacturers of products for which such certifications are in effect. (2)

Account

The fees collected under paragraph (1) shall be credited to the account that incurs the cost of the certification services provided under this section. (3)

Use

The fees collected under paragraph (1) shall be available to the Secretary, without further appropriation or fiscal-year limitation, to pay the expenses of the Secretary incurred in providing certification services under this section. (l)

Definitions

In this section: (1)

America Star label

The term America Star label means a label described in subsection (a) and established by the Secretary under subsection (b)(1). (2)

America Star Program

The term America Star Program means the voluntary labeling program established under this section. (3)

Secretary

The term Secretary means the Secretary of Commerce.