[Congressional Record Volume 144, Number 137 (Monday, October 5, 1998)]
[House]
[Pages H9472-H9474]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ESTABLISHING TOLL-FREE NUMBER IN DEPARTMENT OF COMMERCE TO ASSIST
CONSUMERS IN DETERMINING IF PRODUCTS ARE AMERICAN-MADE
Mr. BLILEY. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 563) 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. 563
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[[Page H9473]]
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''.
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''. 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'' in section 4 of this Act,
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 ``Made in America'' in
section 4 of this Act 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
regulation.
(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''--
(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'' has the meaning given
unqualified ``Made in U.S.A.'' or ``Made in America'' claims
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 unqualified
``Made in U.S.A.'' or ``Made in America'' claims 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
Virginia (Mr. Bliley) and the gentleman from Ohio (Mr. Brown) each will
control 20 minutes.
The Chair recognizes the gentleman from Virginia (Mr. Bliley).
General Leave
Mr. BLILEY. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their remarks
and to include extraneous material in the Record on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
{time} 1730
Mr. BLILEY. Mr. Speaker, I yield myself 5 minutes.
Mr. Speaker, I am pleased today to be able to rise in support of H.R.
563, a bill which would create a toll-free number in the Department of
Commerce to assist consumers in determining if products are American
made. The bill's sponsor, the gentleman from Ohio (Mr. Traficant),
should be commended for his commitment to American products and the
American worker, and this bill is a fitting tribute to that commitment.
The legislation is designed to assist consumers when they are
thinking about purchasing a major appliance or other product. For
instance, a family looking for a new refrigerator could call the number
to find out which brands and models of refrigerators are manufactured
in the United States. Consumers have consistently demonstrated their
desire to purchase products made in America. And I believe that if this
information is provided, they will use this as another major factor in
their purchasing decisions.
An important feature of the legislation is that the creation of the
service is conditional both on market demand and the presence of
private sector funding. This toll-free number will only be implemented
if there is sufficient interest on the part of manufacturers in listing
their products and funding the cost of the program through annual fees.
Thus, there is no cost to the taxpayer for implementing this program to
promote American-made products.
This legislation, as reported by the Committee on Commerce, creates a
much-needed consumer service. I urge all of my colleagues to support
it.
Mr. Speaker, I reserve the balance of my time.
Mr. BROWN of Ohio. Mr. Speaker, I yield myself such time as I may
consume.
I would like to say how pleased I am, Mr. Speaker, that this
legislation gives the House an opportunity once again to confirm its
support for the Federal Trade Commission's standard for making a claim
that a product is made in the USA. Under this legislation, only those
products that meet the FTC's standard are eligible for inclusion on the
toll-free registry of products that are made in America.
The FTC's standard for making an unqualified ``Made in USA'' claim
requires that ``all'' or ``virtually all'' of a product's components be
made in the United States and that ``all'' or ``virtually all'' of the
labor be American labor. This has been the FTC's standard for more than
50 years. And after a 2-year review, the FTC concluded last year that
its standards should not be changed.
For the past several decades, consumers in the United States have
relied on the ``Made in USA'' label to mean exactly what it says.
American consumers want to buy genuine American products made by
American workers. The ``Made in USA'' standard educates consumers,
ensures truth-in-labeling, promotes U.S. companies, and preserves and
creates American jobs.
Last year, Mr. Speaker, the FTC proposed weakening the standard to
allow products to be labeled ``Made in USA'' when as little as 75
percent of their content and labor originated in the United States. If
these proposed regulations had been adopted, the FTC's mandate to fight
deceptive practices would instead be used to sanction deception.
People all over the country petitioned this Congress and the FTC
opposing this new standard. In my district, 9,000 people, by mail, by
phone, by petition, said ``no'' to this proposed change. I commend the
FTC for its wisdom, ultimately, in returning to the
[[Page H9474]]
time honored ``Made in USA'' standard. Any weakening of the
Commission's standard would only mislead consumers and expose them to
the kind of deceptive practices the FTC is supposed to prohibit.
The Commission has recognized what many American consumers have known
for a long time: Where a product is made is an important factor in
making purchasing decisions. And consumers want the ability to support
American workers and to invest in the Nation's economic growth through
those purchasing decisions. I am happy to support legislation that will
help consumers buy products that are ``all'' or ``virtually all'' made
in this country.
Mr. Speaker, I would note that except for certain technical and
conforming changes, this legislation is the same as legislation that
has passed the House in each of the last 2 Congresses. Unfortunately,
the other body has never taken action on it and the bill has not been
enacted. I sincerely hope that will not be the situation this year and
that this bill can be enacted into law.
Mr. Speaker, I urge my colleagues to support this important
legislation. I thank the gentleman from Virginia (Mr. Bliley) for his
good work.
Mr. Speaker, I yield 5 minutes to the gentleman from Ohio (Mr.
Traficant).
Mr. TRAFICANT. Mr. Speaker, I want to start out by thanking the
gentleman from Virginia (Mr. Bliley), one of the strong Members of this
House, for taking into consideration this legislation. I want to thank
the gentleman from New York (Mr. Tom Manton), and the ranking member,
the gentleman from Michigan (Mr. Dingell), the gentleman from Louisiana
(Mr. Tauzin), the gentleman from Ohio (Mr. Oxley), and the gentleman
from Pennsylvania (Mr. Phil English), a friend of mine, who worked very
hard to bring this to the floor.
I have worked hard to pass this legislation. The Congress might look
at a few facts: We have a $60 billion trade deficit with Japan, and an
approaching $50 billion trade deficit with China. Everybody talks about
buy American. But the truth of the matter is, what is an American made
product today? Where is that car really made? Is it made in Detroit? Is
it made in Ohio? Is it made in Mexico? Is it made in Canada? Is it made
in China? Is it made in Korea?
My legislation simply says if it costs more than $250, and all or
virtually all of its components are made in America, a company could
register it by paying a small fee to put it on this toll-free hot line.
So if a family out in Chicago is going to buy a washer and dryer, they
can call this number and say, I want to buy a washer and dryer, what
washers and dryers are made in America? It does not cost the taxpayers
anything. And I believe the consuming public of America will buy
American if their level of conscious understanding of where these
products are made are made available to them.
But I wanted to bring something up to the attention of the Congress
today, especially to the chairman. I am holding up here a little ad
that was sent to me by George Booth of Big Sandy, Texas. It is an ad, I
believe in Consumer Reports, for Tisonic quality car radio cassette
players. And down in the right-hand corner of this ad there is a very
small American flag. But we have to look close, because the colors are
reversed. It is, in fact, blue stars on a white map. And if we look at
it, we would swear it says made in the USA, until we get the magnifying
glass. And listen to what it says. It says, made for the USA. And then
in even smaller print below it, it says made in China. Now we have a
new label, if we are quick enough, I guess, to investigate these
labels: Made ``for'' USA; Made ``in'' China.
Look, I think this is straightforward legislation. It makes sense.
And the American people who, I believe, will want to buy American-made
products will use the service. More importantly, I think the industries
and the companies that produce these products will begin to take pride
in being able to say that, ``We pay taxes in America. We hire Americans
who pay taxes to keep our government afloat. This product is the one
that we make, and, by God, it is good and we take pride in advertising
it on our toll-free number.''
So I want to thank the gentleman from Virginia (Mr. Bliley). I know
the mindset of many in the other body. They think ``Made in China''
perhaps is good for consumption patterns around the world. I do not
know what their thinking is. I think we have to work hard, and I
appreciate the gentleman giving it a chance here, and I am hoping we
get some help in the other body.
Mr. BROWN of Ohio. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
Mr. BLILEY. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Miller of Florida). The question is on
the motion offered by the gentleman from Virginia (Mr. Bliley) that the
House suspend the rules and pass the bill, H.R. 563, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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