text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Made in America Act of 2016''.
  
  SEC. 2. AMERICA STAR LABELS.
  
      (a) Establishment.--Not later than 2 years after the date of the 
  enactment of this Act, the Commission shall promulgate regulations in 
  accordance with section 553 of title 5, United States Code, to 
  establish labels that a person may use as a voluntary means of 
  indicating to consumers the extent to which products that such person 
  introduces, delivers for introduction, sells, advertises, or offers for 
  sale in commerce are of United States origin. Such labels shall be 
  known as America Star labels.
      (b) Requirements for Labels.--
              (1) In general.--The regulations required by subsection (a) 
          shall establish 4 America Star labels, as follows:
                      (A) A label that may be used for a product that 
                  satisfies the standard for an unqualified United States 
                  origin claim set forth by the Commission in the 
                  Enforcement Policy Statement.
                      (B) A label that may be used for a product for 
                  which not less than 90 percent of the total cost of 
                  manufacturing the product is attributable to United 
                  States costs, as determined under the Enforcement 
                  Policy Statement.
                      (C) A label that may be used for a product for 
                  which not less than 80 percent of the total cost of 
                  manufacturing the product is attributable to United 
                  States costs, as determined under the Enforcement 
                  Policy Statement.
                      (D) A label that may be used for a product for 
                  which not less than 70 percent of the total cost of 
                  manufacturing the product is attributable to United 
                  States costs, as determined under the Enforcement 
                  Policy Statement.
              (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.
              (3) Appearance and content; additional standards and 
          requirements.--The regulations required by subsection (a) shall 
          establish the visual appearance and content of the America Star 
          labels, any standards (in addition to the standards described 
          in paragraph (1)) that a product shall meet in order for a 
          particular America Star label to be used for such product, and 
          requirements for the permissible use of the America Star 
          labels, as the Commission considers appropriate to achieve the 
          goals described in paragraph (2) and to ensure that the 
          labels--
                      (A) are consistent with public perceptions of the 
                  meaning of descriptions of the extent to which a 
                  product is of United States origin; and
                      (B) are not used in a way that is unfair or 
                  deceptive, including, for a product that does not meet 
                  the standards for an America Star label, placing such 
                  label on such product, using such label in any 
                  marketing materials for such product, or in any other 
                  way representing that such product meets the standards 
                  of such label.
      (c) Use of Labels Voluntary.--The Commission may not require a 
  person who makes a qualified or unqualified claim that a product is of 
  United States origin to use an America Star label to make such claim.
      (d) Rule of Construction.--Nothing in this Act shall be construed 
  to affect the standards of the Commission in effect on the day before 
  the date of the enactment of this Act for a qualified or unqualified 
  claim that a product is of United States origin.
      (e) Consultation.--In promulgating the regulations required by 
  subsection (a), the Commission shall consult with--
              (1) the Commissioner of United States Customs and Border 
          Protection in order to ensure consistency with the country of 
          origin labeling requirements under section 304 of the Tariff 
          Act of 1930 (19 U.S.C. 1304); and
              (2) the United States Trade Representative in order to 
          ensure consistency with the obligations of the United States 
          under international trade agreements.
      (f) Enforcement.--
              (1) Unfair or deceptive acts or practices.--A violation of 
          a regulation promulgated under this section shall be treated as 
          a violation of a regulation under section 18(a)(1)(B) of the 
          Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding 
          unfair or deceptive acts or practices.
              (2) Powers of commission.--The Commission shall enforce the 
          regulations promulgated under this section in the same manner, 
          by the same means, and with the same jurisdiction, powers, and 
          duties as though all applicable terms and provisions of the 
          Federal Trade Commission Act (15 U.S.C. 41 et seq.) were 
          incorporated into and made a part of this Act. Any person who 
          violates a regulation promulgated under this section shall be 
          subject to the penalties and entitled to the privileges and 
          immunities provided in the Federal Trade Commission Act.
  
  SEC. 3. PREEMPTION OF CERTAIN STATE REQUIREMENTS.
  
      (a) Requirements More Stringent Than FTC Standards.--Section 320933 
  of the Violent Crime Control and Law Enforcement Act of 1994 (15 U.S.C. 
  45a) and any regulation promulgated by the Commission under such 
  section shall supercede any provision of law of a State or a political 
  subdivision of a State that imposes more stringent requirements 
  relating to the extent to which any person may introduce, deliver for 
  introduction, sell, advertise, or offer for sale in commerce a product 
  with a ``Made in the U.S.A.'' or ``Made in America'' label, or the 
  equivalent thereof, in order to represent that such product is in whole 
  or substantial part of domestic origin.
      (b) Requirements Limiting Ability To Use America Star Labels.--The 
  regulations promulgated under section 2 shall supercede any provision 
  of law of a State or a political subdivision of a State relating to the 
  extent to which any person introduces, delivers for introduction, 
  sells, advertises, or offers for sale in commerce a product with a 
  ``Made in the U.S.A.'' or ``Made in America'' label, or the equivalent 
  thereof, in order to represent that such product is in whole or 
  substantial part of domestic origin, to the extent that such provision 
  would have the effect of limiting the ability of a person to use an 
  America Star label with respect to a product in accordance with such 
  regulations.
  
  SEC. 4. DEFINITIONS.
  
      In this Act:
              (1) Commission.--The term ``Commission'' means the Federal 
          Trade Commission.
              (2) Enforcement policy statement.--The term ``Enforcement 
          Policy Statement'' means the Enforcement Policy Statement on 
          U.S. Origin Claims issued by the Commission in December 1998, 
          or any successor guidance or regulation.
              (3) State.--The term ``State'' means each of the several 
          States, the District of Columbia, each commonwealth, territory, 
          or possession of the United States, and each federally 
          recognized Indian tribe.
target: Made in America Act of 2016 This bill directs the Federal Trade Commission (FTC) to establish labels that persons or businesses may use voluntarily to indicate to consumers the extent to which products introduced, delivered for introduction, sold, advertised, or offered for sale in commerce are of U.S. origin.  The FTC must establish four categories of such labels, to be known as America Star labels, which may be used to designate products: (1) that satisfy the standard for an unqualified U.S. origin claim set forth by the FTC in the Enforcement Policy Statement on U.S. Origin Claims; or (2) for which not less than 90%, 80%, or 70% of the total cost of manufacturing is attributable to U.S. costs. The FTC must promulgate regulations for such labels and enforce such regulations under the Federal Trade Commission Act. The bill also preempts certain state law requirements relating to the use of &quot;Made in the U.S.A.&quot; or &quot;Made in America&quot; labels. The preemption provisions provide for: (1) the Violent Crime Control and Law Enforcement Act of 1994 to supersede state laws that impose more stringent requirements, and (2) FTC regulations under this bill to supersede state laws.
feat_title: Made in America Act of 2016