[Congressional Record Volume 142, Number 119 (Wednesday, September 4, 1996)]
[House]
[Pages H9930-H9932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       TOLL FREE CONSUMER HOTLINE

  Mr. OXLEY. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 447) to establish a toll free number in the Department of 
Commerce to assist consumers in determining if products are American-
made, as amended.
  The Clerk read as follows:

                                H.R. 447

       Be it enacted by the Senate and House of Representatives 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 rulemaking 
     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 section 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 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 investigation 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 United 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 registering 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 concerning the 
     level of interest of manufacturers in registering 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 manufacturer's product and providing 
     product information directly attributable to such 
     manufacturer, and
       (B) in the case of the total amount of fees, not be greater 
     than the total amount appropriated to the Secretary of 
     Commerce for salaries and expenses directly attributable to 
     registration of manufacturers and having products included in 
     the information provided under section 1(a).
       (3) Crediting and availability of fees.--
       (A) In general.--Fees collected for a fiscal year pursuant 
     to paragraph (1) shall be credited to the appropriation 
     account for salaries and expenses of the Secretary of 
     Commerce and shall be available in accordance with 
     appropriation 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 
     fiscal year, and
       (ii) shall only be collected and available for the costs 
     described in paragraph (2).

     SEC. 3. PENALTY.

       Any manufacturer of a product who knowingly registers 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 equivalent thereof'', 
     with respect to a product, has the meaning given such term 
     for purposes of laws administered by the Federal Trade 
     Commission.
       (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 Commission Act 
     or the opinions, decisions, rules, or any guidance issued by 
     the Federal Trade Commission regarding the use of the term 
     ``made in America or the equivalent thereof'' in labels on 
     products introduced, delivered for introduction, sold, 
     advertised, or offered for sale in commerce.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio [Mr. Oxley] and the gentleman from New York [Mr. Manton] each will 
control 20 minutes.
  The Chair recognizes the gentleman from Ohio [Mr. Oxley].
  (Mr. OXLEY asked and was given permission to revise and extend his 
remarks.)
  Mr. OXLEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am proud to support H.R. 447, a bill to establish a 
toll free number in the Department of Commerce to assist consumers in 
determining if products are American-made. This bill, introduced by my 
colleague from Ohio, Mr. Traficant, was passed unanimously by the House 
during the 103d Congress, but unfortunately was never passed by the 
Senate.
  The legislation reflects the bipartisan consensus reached in the 103d 
Congress that a toll free number which would provide consumers with 
information on products ``made in America'' would be a significant 
benefit, but that any such program should be funded by manufacturers 
and not taxpayers. Thus, the bill directs the Secretary of Commerce to 
canvass industry to determine the level of interest in establishing 
this kind of toll free number. If the Secretary determines that there 
is interest among manufacturers of domestic products sufficient to 
provide private sector funding, then the Secretary is directed to 
contract out the operation of the line to an organization that would 
charge a fee for listing

[[Page H9931]]

products as ``made in America'' and providing this information to 
consumers.
  This legislation protects the American taxpayer from the threat of 
another program which drains the Treasury with limited benefit to the 
taxpayers. If there is sufficient interest on the part of manufacturers 
who would pay the operating costs, the program goes forward; if not, 
then it doesn't. Either way, the taxpayer is no worse off than before.
  As some of my colleagues may be aware, the Federal Trade Commission 
is the agency charged with enforcing unfair or deceptive advertising of 
products as ``made in America.'' About 1 year ago, the FTC began an 
effort to reexamine its decades-old standard of what constituted ``made 
in America.'' The Commission is currently awaiting a staff 
recommendation on what changes--if any--are necessary in the FTC's 
``made in American'' standard.
  When Mr. Traficant appeared before my subcommittee 2 months ago, he 
testified that he had no objection to ensuring that the definition of 
``made in America'' used in the bill reflected the extensive work that 
the Federal Trade Commission has completed on this subject. The 
subcommittee later approved an amendment to ensure that the definition 
of ``made in America'' used for purposes of this toll free number is 
consistent with the definition used by the FTC, both now and in the 
future. This is part of an ongoing effort of the Commerce Committee to 
simplify definitions and statutes within its jurisdiction, in order to 
better allow average citizens to understand the law.
  This legislation would establish an important service for consumers 
paid for by the manufacturers that it benefits. This is legislation 
which is simultaneously pro-consumer and pro-industry. But most 
importantly, it is 100 percent pro-American.
  Mr. Speaker, I am proud to be able to bring this legislation to the 
floor, and I urge my colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. MANTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 447, a bill to establish 
a toll free information service to assist consumers in identifying 
American-made products. With the very worthy goal of increasing the 
availability of information regarding American-made products on the 
market, this bill has real potential to aid the public in making 
purchases that most directly support the American economy.
  H.R. 447 is a good bill that every Member can support. It simply 
requires the Commerce Department to assess private sector interest in a 
toll free service that consumers could use to determine which products 
on the market are made in America. This assessment is important because 
the program, if established, will be fully funded by modest fees 
imposed on manufacturers who register their products for the service.
  If the Secretary of Commerce finds that sufficient interest in the 
service does exist, the bill directs the Department to facilitate its 
creation by contracting out implementation of the program. Finally, 
because the toll free service will provide information on products made 
in the United States, this legislation maintains consistency with the 
Federal Trade Commission by applying the Commission's standard for such 
designation.
  Mr. Speaker, I would like to commend my colleague, Mr. Trafficant, 
for developing this legislation. H.R. 447 appeals to Members on both 
sides of the aisle because it proposes to promote American-made 
products while aiding American consumers. This is a good piece of 
legislation, and as ranking minority member on the Commerce, Trade, and 
Hazardous Materials Subcommittee, I urge my colleagues in the House to 
support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OXLEY. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Ohio [Mr. Traficant].
  Mr. TRAFICANT. Mr. Speaker, I want to start out by thanking the 
gentleman from Ohio [Mr. Oxley], my colleague, who is not only one of 
the great Members, but now a great chairman, for taking the time to 
consider this legislation, and also my classmate and dear friend, the 
gentleman from New York [Mr. Manton] from Queens. And I say to the 
gentleman, ``Archie Bunker, I think, was your constituent, and Woody 
Allen would even support this. So we go from the real extremes on both 
sides because I think it's a good piece of legislation.''
  As my colleagues know, I do not think there is any secret to the fact 
that I opposed NAFTA and GATT, and I still believe that we have sent 
and shipped jobs overseas; they continue to go overseas. I do not know 
how many read and follow up on trade statistics. Japan is over $6 
billion surplus; China is creeping in, now approaching $40 billion 
surplus in trade with America. We had a $2 billion surplus with Mexico 
several short years ago. It is projected to be a $20 billion deficit 
this year. Canada is approaching $16 billion trade surplus with 
America.
  So look, just beam me up. I do not know who is calling all these 
shots, and everybody has all these rosy pictures. I am an old 
quarterback who looks at the scoreboard, and I think we are losing. We 
have done nothing.
  This is a very common sense message that basically says maybe the 
American people can get energized by becoming aware and realizing the 
importance of buying products made by American workers who get an 
American paycheck who pay American taxes who keep this American train 
coming down the track. H.R. 447 does that. What it says:
  If a family in Chicago is going to buy a refrigerator, they can call 
that 1-800 number and say: Hey, look, is there still a refrigerator 
left that is made in America; and, if so, what is the model number?
  My colleagues might be surprised that there is not a television, 
typewriter, VCR, or telephone now that is made in our country.
  I am hoping that the Commerce Department is energized by this 
legislation and moves hard to assess not only the consumer information 
of the public, but my goal, which is to energize the American consumer 
to shop, to literally ask when they are shopping, what is made in 
America?
  So with that I want to thank again the gentleman from Ohio [Mr. 
Oxley]; I want to thank the gentleman from New York [Mr. Manton]. I 
would hope that we get the other body moving on this legislation. I 
think it is some alternative, and by God, if we cannot get it done, 
maybe the American consumer will do something.
  Mr. MANTON. Mr. Speaker, having no more requests for time, I yield 
back the balance of my time.
  Mr. TRAFICANT. Mr. Speaker, I want to thank Chairman Oxley and the 
ranking member, Mr. Manton.
  As the author of H.R. 447, I am honored and pleased that the bill 
has--once again--made it to the House floor. The bill establishes a 
toll-free, 1-800 number for consumers to get information on products 
made in America.
  H.R. 447 is identical to legislation approved by the House in the 
last Congress. Unfortunately, the other body never acted on the bill 
and it died at the end of the 103d Congress.
  H.R. 447 directs the Commerce Department to canvass American 
companies to gauge their interest in participating in a 1-800 Buy 
American Program. After determining that there's sufficient interest, 
the bill directs the Department to contract out the program.
  Under an amendment adopted by the Commerce Committee, the bill would 
rely on the Federal Trade Commission to define an American-made product 
based on a forthcoming determination on standards for ``Made in the 
USA'' labels.
  Only those products with a sale price of $250 or more would be 
included in the program. The bill would subject any companies providing 
false information to Federal penalties.
  One of the key components of H.R. 447 is that the program would be 
self-financed through the imposition of a modest annual registration 
fee on participating companies.
  The bill will not require the Commerce Department to hire more people 
or create a new unit. The program will be contracted out and run by a 
private company.
  When making a big purchase, most Americans want to buy American. The 
bill will help them make an informed and patriotic decision.
  H.R. 447 makes good, common sense. I urge my colleagues to support 
it.


                             general leave

  Mr. OXLEY. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on H.R. 447.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?

[[Page H9932]]

  There was no objection.
  Mr. OXLEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio [Mr. Oxley] that the House suspend the rules and 
pass the bill, H.R. 447, as amended.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. OXLEY. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered as withdrawn.

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