[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3850 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3850

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

                           September 27, 2017

 Mr. Fitzpatrick (for himself and Ms. Sinema) 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 Representatives 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 2017''.

SEC. 2. AMERICA STAR LABELS.

    (a) Establishment.--Not later than 2 years after the date of the 
enactment of this Act, the Commission 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 Statement.
                    (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 attributable 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 attributable 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 attributable 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 manufacture more 
                products in the United States.
                    (C) Highlighting the importance of domestic 
                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 described 
        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 permissible use of the America Star 
        labels, as the Commission 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 unqualified 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 Commission in effect on the day before 
the date of the enactment of this Act for a qualified or unqualified 
claim that a product is of United States origin.
    (e) Consultation.--In promulgating the regulations 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 agreements.
    (f) Enforcement.--
            (1) Unfair or deceptive acts or practices.--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 
        Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding 
        unfair or deceptive acts or practices.
            (2) Powers of commission.--The Commission 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 
        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 promulgated under this section shall be 
        subject to the penalties 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 Control 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 introduction, 
sells, advertises, or offers 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, 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 1997, 
        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.
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