[Congressional Record Volume 143, Number 12 (Tuesday, February 4, 1997)]
[Extensions of Remarks]
[Pages E134-E135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   1-800 ``BUY AMERICAN'' LEGISLATION

                                 ______
                                 

                      HON. JAMES A. TRAFICANT, JR.

                                of ohio

                    in the house of representatives

                       Tuesday, February 4, 1997

  Mr. TRAFICANT. Mr. Speaker, I rise today to reintroduce legislation 
to establish a toll-free 1-800 phone number consumers can call to get 
information on products made in America. Similar legislation I authored 
was approved unanimously by the House in both the 103d and 104th 
Congress. Unfortunately, the other body did not act on the bill in 
either Congress.
  My bill directs the Commerce Department to contract out the program 
to a private company. The toll-free number will provide consumers with 
information on products made in this country. The bill uses the same 
definition for an American-made product that the Federal Trade 
Commission uses in determining uses of ``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 my bill 
is that the program would be self-financed through the imposition of a 
modest annual registration fee on participating companies.
  I want to emphasize that my bill will not require the Commerce 
Department to hire more people or create a new unit. The only expense 
to the Department would be to prepare language for the Federal Register 
and to prepare bid documents. Let me reemphasize that the program will 
be contracted out and run by a private company. All the program would 
do is provide American consumers with information on what products are 
made in America.
  When making a big purchase, most Americans want to buy American. This 
program will help them make an informed and patriotic decision. I urge 
my colleagues to cosponsor this bill. The text of the bill is as 
follows:

[[Page E135]]

                                 H.R.--

       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 PROGRAM.

       (a) Establishment.--The Secretary of Commerce shall 
     establish a toll free number program 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(b).
       (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 
     promulgate 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; and
       (3) for the establishment under section 1(a) of the toll-
     free number pilot program.
       (b) 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'' 
     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 United 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 Commission 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 thereof'' in labels on 
     products introduced, delivered for introduction, sold, 
     advertised, or offered for sale in commerce.

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