[Congressional Record (Bound Edition), Volume 147 (2001), Part 3]
[House]
[Pages 3572-3574]
[From the U.S. 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''--
       (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.

[[Page 3573]]

  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 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.

[[Page 3574]]

  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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