Made in America Act of 2013 - Directs the Secretary of Commerce to establish: (1) a voluntary America Star Program under which manufacturers may have products certified as meeting the standards of labels that indicate to consumers the extent to which the products are manufactured in the United States; and (2) such America Star labels, including the content of the labels and the standards that a product shall meet in order to bear a particular label. Requires the labels to be consistent with public perceptions of the meaning of descriptions of the extent to which a product is manufactured in the United States.
Requires the Secretary, after receiving an application, to certify a product as meeting a label's standards, notify the manufacturer, conduct monitoring and compliance review to ensure that a product continues to meet such standards, notify a manufacturer of any corrective action needed, and withdraw certification of a product if such action is not taken. Provides for an expedited appeals procedure for actions that adversely affect a person.
Prohibits a person from placing an America Star label on a product, using such label in marketing such product, or in any other way representing that such product meets the standards of such label unless a certification by the Secretary is in effect. Bars the Secretary from certifying the product for a five-year period after determining that a manufacturer has violated the purposes of the Program.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2664 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2664
To direct the Secretary of Commerce to establish a voluntary program
under which manufacturers may have products certified as meeting the
standards of labels that indicate to consumers the extent to which the
products are manufactured in the United States.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2013
Mr. Carney (for himself and Mr. Fitzpatrick) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Secretary of Commerce to establish a voluntary program
under which manufacturers may have products certified as meeting the
standards of labels that indicate to consumers the extent to which the
products are manufactured in the United States.
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 Act of 2013''.
SEC. 2. AMERICA STAR PROGRAM.
(a) In General.--The Secretary shall establish a voluntary program,
to be known as the ``America Star Program'', under which manufacturers
may have products certified as meeting the standards of labels that
indicate to consumers the extent to which the products are manufactured
in the United States.
(b) Establishment of Labels.--
(1) In general.--The Secretary shall by rule establish such
America Star labels as the Secretary considers appropriate,
including the content of the labels and the standards that a
product shall meet in order to bear a particular America Star
label. The labels shall be consistent with public perceptions
of the meaning of descriptions of the extent to which a product
is manufactured in the United States.
(2) Goals.--The America Star labels shall be designed to
achieve the following goals:
(A) Providing clarity for consumers about the
extent to which products are manufactured in the United
States.
(B) Encouraging manufacturers to manufacture more
products in the United States.
(C) Highlighting the importance of domestic
manufacturing for the economy of the United States.
(c) Certification of Products.--
(1) Application procedures.--A manufacturer that wishes to
have a product certified as meeting the standards of an America
Star label may apply to the Secretary for certification in
accordance with such procedures as the Secretary shall by rule
establish.
(2) Action by secretary.--After receiving an application
for certification under paragraph (1), the Secretary shall, not
later than a reasonable time to be specified by the Secretary
by rule--
(A) determine whether the product meets the
standards of the label;
(B) if the product meets such standards, certify
the product; and
(C) notify the manufacturer of the determination
and whether the product has been certified.
(d) Monitoring; Withdrawal of Certification.--
(1) Monitoring.--The Secretary shall conduct such
monitoring and compliance review as the Secretary considers
necessary to--
(A) detect violations of subsection (h); and
(B) ensure that products certified as meeting the
standards of America Star labels continue to meet such
standards.
(2) Withdrawal of certification.--
(A) On initiative of secretary.--If the Secretary
determines that a product certified as meeting the
standards of an America Star label no longer meets such
standards, the Secretary shall--
(i) notify the manufacturer of the
determination and any corrective action that
would enable the product to meet such
standards; and
(ii) if the manufacturer does not take such
action within a reasonable time after receiving
notification under clause (i), to be specified
by the Secretary by rule, the Secretary shall
withdraw the certification of the product and
notify the manufacturer of the withdrawal.
(B) At request of manufacturer.--At the request of
the manufacturer of a product, the Secretary shall
withdraw the certification of the product and notify
the manufacturer of the withdrawal.
(e) Regulations.--
(1) In general.--The Secretary may promulgate such
regulations as are necessary to implement this section.
(2) Deadline.--Not later than 2 years after the date of the
enactment of this Act, the Secretary shall promulgate such
regulations as are necessary to begin certifying products under
the America Star Program.
(f) Administration by Contract.--The Secretary may enter into a
contract with a person under which such person carries out
certification determinations under subsection (c), monitoring
activities and withdrawal determinations under subsection (d),
collection of fees under subsection (k)(1) and the remission of such
fees to the Secretary (but not the establishment of the amounts of such
fees), and related administrative activities. For purposes of
subsections (h) and (j), such a determination, activity, or collection
by such person shall be considered to be an action of the Secretary.
(g) Consultation.--
(1) With federal trade commission.--In establishing the
America Star labels and operating the America Star Program, the
Secretary shall consult with the Federal Trade Commission to
ensure consistency with the requirements enforced by the
Commission with respect to representations of the extent to
which products are manufactured in the United States.
(2) With private-sector companies.--In establishing the
America Star labels and operating the America Star Program, the
Secretary should consult with private-sector companies that
have developed labeling programs to verify or certify to
consumers the extent to which products are manufactured in the
United States.
(h) Prohibited Conduct.--Unless there is in effect a certification
by the Secretary that a product meets the standards of an America Star
label, a person may not place such label on such product, use such
label in any marketing materials for such product, or in any other way
represent that such product meets or is certified as meeting the
standards of such label.
(i) Enforcement.--
(1) Civil penalty.--Any person who knowingly violates
subsection (h) shall be subject to a civil penalty of not more
than $10,000.
(2) Ineligibility.--
(A) In general.--Except as provided in subparagraph
(C), if the Secretary determines that a manufacturer--
(i) has made a false statement to the
Secretary in connection with the America Star
Program;
(ii) knowing, or having reason to know,
that a product does not meet the standards of
an America Star label, has placed such label on
such product, has used such label in any
marketing materials for such product, or in any
other way has represented that such product
meets or is certified as meeting the standards
of such label; or
(iii) has otherwise violated the purposes
of the America Star Program;
the Secretary may not, for a period of 5 years after
the conduct described in clause (i), (ii), or (iii),
certify the product to which such conduct relates as
meeting the standards of an America Star label.
(B) Effect on existing certification.--In the case
of a product with respect to which, at the time of the
determination of the Secretary under subparagraph (A),
there is in effect a certification by the Secretary
that the product meets the standards of an America Star
label--
(i) if the product continues to meet such
standards, the Secretary may either withdraw
the certification or allow the certification to
continue in effect, as the Secretary considers
appropriate; and
(ii) if the product no longer meets such
standards, the Secretary shall withdraw the
certification.
(C) Waiver.--Notwithstanding subparagraph (A), the
Secretary may waive or reduce the period referred to in
such subparagraph if the Secretary determines that the
waiver or reduction is in the best interests of the
America Star Program.
(3) False statements.--A false statement in connection with
the America Star Program to a person with whom the Secretary
contracts under subsection (f) shall be considered a false
statement to the Secretary for purposes of paragraph (2)(A)(i)
and section 1001 of title 18, United States Code.
(j) Administrative Appeal.--
(1) Expedited appeals procedure.--The Secretary shall
establish an expedited administrative appeals procedure under
which persons may appeal an action of the Secretary under this
section that--
(A) adversely affects such person; or
(B) is inconsistent with the America Star Program.
(2) Appeal of final decision.--A final decision of the
Secretary under paragraph (1) may be appealed to the United
States district court for the district in which the person is
located.
(k) Offsetting Collections.--
(1) In general.--The Secretary may collect reasonable fees
from--
(A) manufacturers that apply for certification of
products as meeting the standards of America Star
labels; and
(B) manufacturers of products for which such
certifications are in effect.
(2) Account.--The fees collected under paragraph (1) shall
be credited to the account that incurs the cost of the
certification services provided under this section.
(3) Use.--The fees collected under paragraph (1) shall be
available to the Secretary, without further appropriation or
fiscal-year limitation, to pay the expenses of the Secretary
incurred in providing certification services under this
section.
(l) Definitions.--In this section:
(1) America star label.--The term ``America Star label''
means a label described in subsection (a) and established by
the Secretary under subsection (b)(1).
(2) America star program.--The term ``America Star
Program'' means the voluntary labeling program established
under this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
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