[Congressional Record Volume 147, Number 34 (Wednesday, March 14, 2001)]
[House]
[Pages H883-H885]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MADE IN AMERICA INFORMATION ACT
Mr. STEARNS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 725) to establish a toll free number under the Federal Trade
Commission to assist consumers in determining if products are American-
made, as amended.
The Clerk read as follows:
H.R. 725
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 Information
Act''.
SEC. 2. ESTABLISHMENT OF TOLL-FREE TELEPHONE NUMBER PILOT
PROGRAM.
(a) Establishment.--If the Secretary of Commerce
determines, on the basis of comments submitted in the
rulemaking under section 3, that--
(1) interest among manufacturers is sufficient to warrant
the establishment of a 3-year toll-free telephone number
pilot program; and
(2) manufacturers will provide fees under section 3(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 telephone 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
telephone number pilot program provided for in subsection
(a); and
(2) the registration of products pursuant to regulations
issued under section 3;
which shall be funded entirely from fees collected under
section 3(c).
(c) Use.--The toll-free telephone number shall be used
solely to inform consumers as to whether products are
registered under section 3 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 5; or
(3) that the product contains 100 percent United States
content.
SEC. 3. 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 5 and have such product included in the information
available through the toll-free telephone number established
under section 2(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 telephone number;
(3) for the establishment under section 2(a) of the toll-
free telephone 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 telephone 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 2 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 2(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. 4. PENALTY.
Any manufacturer of a product who knowingly registers a
product under section 3 which is not ``Made in America''--
[[Page H884]]
(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. 5. DEFINITIONS.
For purposes of this Act:
(1) Made in america.--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) Product.--The term ``product'' means a product with a
retail value of at least $250.
SEC. 6. RULE OF CONSTRUCTION.
Nothing in this Act or in any regulation promulgated under
section 3 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.
Amend the title so as to read: ``A bill to direct the
Secretary of Commerce to provide for the establishment of a
toll-free telephone number to assist consumers in determining
whether products are American-made.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Stearns) and the gentlewoman from California (Mrs. Capps)
each will control 20 minutes.
The Chair recognizes the gentleman from Florida (Mr. Stearns).
General Leave
Mr. STEARNS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include therein extraneous material on H.R. 725, as
amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. STEARNS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, we are constantly reminded in our daily lives that
knowledge is power. Under H.R. 725, the American consumer has the power
to determine if a product is indeed ``Made in America.'' This bill,
introduced by the gentleman from Ohio (Mr. Traficant), my friend, will
make ``Made in America'' product information more readily accessible to
the consumer and without cost to the Federal Government.
Currently, my colleagues, there is no central repository for lists of
American-made products. H.R. 725 establishes a 3-year pilot program
creating such a repository entirely funded by fees assessed to
manufacturers that choose to voluntarily list their products in this
database.
Mr. Speaker, under this pilot program, a toll-free telephone number
is established to facilitate consumer access to the database. It is
important to note that participation in the program is voluntary and
that the operation and maintenance of the toll-free number and database
shall be contracted out to a third party by the Department of Commerce.
American consumers are increasingly sensitive as to whether a product
is ``Made in America.'' Such sensitivity has certainly applied to the
U.S. government procurement process. Since 1942, the so-called Berry
amendment has prevented the use of any funds appropriated to the
Department of Defense to be used to purchase an item of food or
clothing not produced in the United States.
The Defense Logistics Agency can issue a waiver of the Berry
amendment upon a determination of a nonavailability, meaning there is
no available domestic producer. The Defense Logistics Agency decided to
waive the Berry amendment requirement recently in order to procure 1.3
million berets for the Army at a cost of $26 million based on
nonavailability.
The rationale for the waiver, we are told, is that Americans
suppliers would not be able to supply the Army's needs to have the
berets in time for its 225th anniversary on June 14. We are also told
that American suppliers, even if given adequate time, if they are given
adequate time, can meet the orders' requirements.
Personally, I believe that if a universal black beret is going to
serve as a symbol for the United States Army in the 21st Century, it
should not be made in China. Fortunately, the Pentagon decided
yesterday to revisit this issue.
Early in the history of this country, we have had high tariffs to
protect our industries. Now we have low tariffs and are part of a
global economy. There must be a balance, my colleagues, if we are to
preserve American jobs and industry, while also enjoying the benefits
of world trade.
Americans have seen a proliferation of products from other countries.
My colleagues, this simple bill gives Americans the knowledge to make
an educated choice in the purchase of American-made goods.
Let me close my statement by commending the gentleman from Ohio (Mr.
Traficant) for his persistence and tenacious promotion of this bill and
for introducing this bill so that we have this opportunity this
morning.
Last Congress, the House passed this legislation almost identical to
H.R. 725, so I do not believe we will have any trouble today, but I
think it is important and particularly in light of what has happened in
the Department of Defense and reading in the paper their decision to
stop the procurement of the berets being manufactured in China.
Mr. Speaker, I reserve the balance of my time.
Mrs. CAPPS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I urge my colleagues to support H.R. 725, the Made in
America Information Act. I commend the leadership of the gentleman from
Florida (Mr. Stearns), my colleague, for this time on the floor.
Mr. Speaker, I also commend the persistence of the gentleman from
Ohio (Mr. Traficant), my colleague, on this topic that we are dealing
with today.
H.R. 725 provides for the Secretary of Commerce to establish a toll-
free number to help consumers identify which products are ``Made in
America.'' This new program would operate as a pilot program for 3
years. It would not cost taxpayers anything. It would be paid for
entirely out of fees collected for manufacturers who wish to register
their products as ``Made in America.''
This legislation is predicted on one simple premise and belief, that
consumers will choose to buy products made right here in the United
States by American workers, if they are given that opportunity.
In a 1997 rulemaking, the Federal Trade Commission reported that 84
percent of the respondents to a National Consumers League survey said
that they were more likely to buy an item that was made in the USA than
to buy an equivalent foreign-made product.
A majority of those surveyed also said that they find the made in
U.S. label either frequently or always meaningful when they are
shopping.
Congress also long ago recognized that made in the USA label is both
meaningful and important.
Mr. Speaker, I want to cite the same example that my colleague did in
pointing out that, out of respect and honor both for American workers
as well as those who serve our country in uniform, Congress has
required military uniforms to be ``Made in the USA'' for the past 50
years, except in time of crisis. That is why, Mr. Speaker, I was also
shocked to learn that the Pentagon has recently awarded $26 million in
contracts mostly to foreign producers for 2\1/2\ million black berets
that are now to become the official new headgear of all of the Army
troops. According to the Army, these new berets will be made in plants
in China, Romania, and Sri Lanka, among other foreign countries.
I was also disturbed by press accounts that cited that awarding this
contract to these foreign firms could even be more expensive for
American taxpayers. It has been reported that the overseas beret is
nearly twice as expensive as one which could be ``Made in America'' but
could not be ready in time for the deadline that was imposed.
For the first time, most American men and women serving in the Army
would soon see a ``Made in China'', for example, or other such label
when they take off their berets, rather than a ``Made in the USA''
label.
This decision will harm U.S. companies and American workers and may,
in fact, waste taxpayer dollars.
That is why the gentleman from California (Mr. Hunter), my colleague,
and I have been circulating a letter to the President asking that this
short-sighted decision be reconsidered.
I hope all of my colleagues on both sides of the aisle will join me
in this effort, and it is a way of underscoring the importance of H.R.
725 as a good
[[Page H885]]
bill that will help consumers to buy American if they so choose.
Mr. Speaker, I urge my colleagues to support this legislation.
Mr. Speaker, I yield 3 minutes to my colleague, the gentleman from
Ohio (Mr. Traficant).
Mr. TRAFICANT. Mr. Speaker, I want to thank the gentleman from
Louisiana (Mr. Tauzin), the gentleman from Michigan (Mr. Dingell), the
gentleman from Michigan (Mr. Upton), the gentleman from Massachusetts
(Mr. Markey), certainly the gentleman from Florida (Mr. Stearns), my
good friend, and the gentlewoman from California (Mrs. Capps) for
bringing this resolution and bill out early in the session.
Mr. Speaker, I took to the floor several years ago when the Air Force
was buying military boots made in China. The Pentagon was embarrassed,
and that was stopped.
But I want my colleagues to understand, the prestigious elite Army
Ranger force to remove their beret and to have a fellow tax-paying
American seeing a ``Made in China'' label in it?
One thing America does not need is protectionism. We need fair trade
policies for sure.
And remember this, for every billion dollars worth of trade deficit,
we lose 20,000 jobs; and I would like the gentlewoman from Florida to
realize that, last quarter, America's trade deficit was $119 billion.
It is approaching $40 billion a month. Times that by 20,000 jobs, and
they are not burger flippers, we have got a crisis. No one is really
looking at this crisis; and my little bill simply says, look, I believe
the American consumer will buy an American product if it is
competitively priced.
The Traficant bill would work this way: A couple in Chicago setting
up homekeeping is going to buy a refrigerator, stove, washer and dryer.
They can call the 1-800 number and say, look, I would like to buy an
American product. What American products are made in refrigerators, in
washers and dryers, and could I please have a list of them?
My God, what is wrong with us? I am asking House leadership to now
help with the Senate to get beyond this guise of protectionism and, for
God's sake, look at America and our working people and our consumer
habits and practices.
{time} 1030
This is simply a very modest bill. There will be no more Federal
workers needed to be hired. Any cost will be borne by American
companies who will be proud to say, Yes, my product is made in America.
Come see it.
Now, one will see more foreign manufacturers moving to America so
they can say ``Our product is made in America.'' If that Japanese
company moves to America and makes it in America, it will be listed on
the first-time register of American-made products.
Mr. Speaker, this is a good common sense American bill. I ask for an
overwhelming vote, and I certainly ask this chairman to do all he can
in promoting it with the other body.
Mr. STEARNS. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I have a few comments before I yield back my time.
Obviously, years from now little will be remembered about this debate
this morning. But in many ways, as my colleagues know, Mr. Speaker,
there is a time and a moment when there is a sense of goodwill and a
feeling in the House when we are doing something that makes all
Americans feel patriotic. I think this bill that the gentleman from
Ohio (Mr. Traficant) is offering does just that.
I am so glad the Army, who is going to celebrate their 225th
anniversary, has decided to hold off procuring the berets overseas and
having them manufactured in China. I hope they will sense this feeling
that we have this morning, that this bill does not cost anything and is
symbolic, is important for the welfare of all Americans. I urge its
adoption.
Mr. Speaker, I yield back the balance of my time.
Mrs. CAPPS. Mr. Speaker, I would comment also that I join my
colleague in agreeing that this is a very timely topic to be discussing
right now.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today in support of
H.R. 725, the Made in America Information Act. The measure deserves our
strong support to make sure the American worker can compete fairly with
any competitor.
This bill requires the Commerce Department, if sufficient industry
interest exists, to establish and operate for 3 years a toll-free
telephone number to help U.S. consumers determine which consumer
products are American-made. Under the measure, this hotline would be
operated through a private contractor at no cost to the government,
with the cost of operations to be paid for by fees from these
manufacturers who voluntarily register their products with this
hotline.
The measure allows only American-made products having a retail value
of approximately $250 or more to be registered. Consumers calling the
hotline would have to be informed that registration of a product on the
hotline does not mean that the product contains 100 percent U.S.-made
content, that the government does not endorse the product, and that the
Federal Government has not conducted an investigation to confirm the
definition of ``American made.'' Manufacturers who knowingly register a
product that is not American-made would be subject to civil penalties,
and the product in question could not be purchased by any unit of the
Federal Government.
Passage of this legislation sends an important message to our
workers. U.S. workers should not be shortchanged as they seek to
compete in the global marketplace. Accordingly, I urge my colleagues to
support the legislation.
Mrs. CAPPS. I have no further speakers, Mr. Speaker; 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 Florida (Mr. Stearns) that the
House suspend the rules and pass the bill, H.R. 725, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. STEARNS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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