S.Amdt. 3672

1. Adds SEC. 4. AMERICA STAR PROGRAM at the end of the bill

   Adds a section

   In S. 2569 · Placed on Calendar Senate

   (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

   Inserted: SEC. 4. AMERICA STAR PROGRAM.

   Inserted: (a) In General.--The Secretary of Commerce 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.

   Inserted: (b) Establishment of Labels.--

   Inserted: (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall, by rule--

   Inserted: (A) design America Star labels that are consistent with public perceptions of the meaning of descriptions of the extent to which a product is manufactured in the United States; and

   Inserted: (B) specify the standards that a product shall meet in order to bear a particular America Star label.

   Inserted: (c) Certification of Products.--

   Inserted: (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 establish by rule.

   Inserted: (2) Action by secretary.--Not later than such time after receiving an application for certification under paragraph (1) as the Secretary determines reasonable by rule, the Secretary shall--

   Inserted: (A) determine whether the product described in the application meets the standards of the requested America Star label;

   Inserted: (B) if the product meets such standards, certify the product; and

   Inserted: (C) notify the manufacturer of the determination and whether the product has been certified.

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   Inserted: (d) Monitoring; Withdrawal of Certification.--

   Inserted: (1) Monitoring.--The Secretary shall conduct such monitoring and compliance review as the Secretary considers necessary--

   Inserted: (A) to detect violations of subsection (f); and

   Inserted: (B) to ensure that products certified as meeting the standards of America Star labels continue to meet such standards.

   Inserted: (2) Withdrawal of certification.--

   Inserted: (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--

   Inserted: (i) notify the manufacturer of the determination and any corrective action that would enable the product to meet such standards; and

   Inserted: (ii) if the manufacturer does not take such action within such time after receiving notification under clause (i) as the Secretary determines reasonable by rule, the Secretary shall withdraw the certification of the product and notify the manufacturer of the withdrawal.

   Inserted: (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.

   Inserted: (e) Consultation.--

   Inserted: (1) Required consultation with federal trade commission.--In establishing 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.

   Inserted: (2) Sense of congress on consultation with private-sector companies.--It is the sense of Congress that, in establishing 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.

   Inserted: (f) Prohibited Conduct.--Unless a certification by the Secretary that a product meets the standards of an America Star label is in effect, a person may not--

   Inserted: (1) place such label on such product;

   Inserted: (2) use such label in any marketing materials for such product; or

   Inserted: (3) in any other way represent that such product meets, or is certified as meeting, the standards of such label.

   Inserted: (g) Enforcement.--

   Inserted: (1) Civil penalty.--Any person who knowingly violates subsection (f) shall be subject to a civil penalty of not more than $10,000.

   Inserted: (2) Ineligibility.--

   Inserted: (A) In general.--Except as provided in subparagraph (C), if the Secretary determines that a manufacturer--

   Inserted: (i) has made a false statement to the Secretary in connection with the America Star Program;

   Inserted: (ii) knowing, or having reason to know, that a product does not meet the standards of an America Star label--

   Inserted: (I) has placed such label on such product;

   Inserted: (II) has used such label in any marketing materials for such product; or

   Inserted: (III) in any other way has represented that such product meets or is certified as meeting the standards of such label; or

   Inserted: (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.

   Inserted: (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--

   Inserted: (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

   Inserted: (ii) if the product no longer meets such standards, the Secretary shall withdraw the certification.

   Inserted: (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.

   Inserted: (h) Administrative Appeal.--

   Inserted: (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--

   Inserted: (A) adversely affects such person; or

   Inserted: (B) is inconsistent with the America Star Program.

   Inserted: (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.

   Inserted: (i) Offsetting Collections.--

   Inserted: (1) In general.--The Secretary may collect reasonable fees from--

   Inserted: (A) manufacturers that apply for certification of products as meeting the standards of America Star labels; and

   Inserted: (B) manufacturers of products for which such certifications are in effect.

   Inserted: (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.

   Inserted: (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.

   Inserted: (j) Definitions.--In this section:

   Inserted: (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).

   Inserted: (2) America star program.--The term "America Star Program" means the voluntary labeling program established under this section.

   Inserted: (3) Secretary.--The term "Secretary" means the Secretary of Commerce.

   Original wording

   At the end, add the following:

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