Reinforcing American-Made Products Act of 2017

Madam President, as in legislative session, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No.

297, S. 118; that the committee-reported substitute amendment be agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table.

Mr. President, I appreciate the comments made by my distinguished colleague, the Senator from California.

When Americans see a ``Made in USA'' label on a product, it is a source of great pride. It represents the American virtues of innovation and industriousness. It is a symbol of support for American manufacturing jobs and high-quality products across the board, and it often spurs American consumers to buy those very products.

The Federal Trade Commission currently enforces a difficult standard for products to claim the ``Made in USA'' label. It requires that all or virtually all of a product must be made in the United States, and it has issued lengthy guidance documents establishing the rules. However, one State holds a different standard--one that is nearly impossible for businesses to meet. Under California's law, if more than 5 percent of the components of a product are manufactured outside the United States, even if that means just a few bolts or a few screws, then that product cannot be labeled ``Made in USA.''

While companies could legally boast this claim in 49 of the 50 States under the Federal standards set by the Federal Trade Commission, they are often unable to do so because of the flow of interstate commerce. Most manufacturers sell wholesale to national and international distributors who then disperse products throughout the country. As a result, companies must label products according to the most rigid definition in order to protect themselves from costly litigation. In short, one State--one single State--is effectively governing how interstate commerce is conducted with regard to ``Made in USA'' labeling throughout the country.

The Reinforcing American-Made Products Act would solve this problem by ensuring that the current Federal definition is the supreme labeling law in interstate commerce without weakening the strong ``Made in USA'' national standard. In addition to upholding the Constitution, which empowers Congress--this body--to regulate interstate commerce, this legislation would provide clarity and consistency, which would help American companies avoid unnecessary hardships and frivolous lawsuits.

In the global marketplace, it is increasingly difficult for small American companies to stay afloat, let alone to compete. This reform would ultimately encourage manufacturing in America and use American tools and resources. It would also help so many of the small businesses and ordinary American workers who are currently being left behind, and helping them ought to be our goal.

This bill passed unanimously out of committee, and it has broad bipartisan support. I am disappointed that it is being blocked by the few people who do not support it when it could benefit all 50 of our States. We should exercise this authority, and we should open the flow of interstate commerce.

I yield the floor.

Mr. President, I ask for the yeas and nays.

Madam President, reserving the right to object, I rise today to express concern with S. 118, the Reinforcing American- Made Products Act, because it would preempt California's strong ``Made in America'' labeling standards.

California requires that at least 90 percent of a final product be composed of American-made parts to use the label--the strongest standard in the Nation.

This bill would undo California's tough standard, setting instead a watered-down national standard. Companies could then confuse consumers by flooding the market with products sold under the ``Made in America'' label that were built using more foreign-made components. That is why the California attorney general and the Consumer Federation of California support keeping California's strong standards in place.

The ``Made in America'' label should promote U.S. manufacturing and give consumers confidence that they are supporting American jobs. Consumers want to know that products bearing the ``Made in America'' label are truly made in America. Because this would undermine that confidence and preempt California's strong standards, I believe this bill should not move by unanimous consent. Regretfully, for those reasons, I object.

The following Senator is necessarily absent: the Senator from Arizona (Mr. McCain).