[Congressional Record Volume 164, Number 121 (Wednesday, July 18, 2018)]
[Senate]
[Pages S5043-S5044]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                   Unanimous Consent Request--S. 118

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

[[Page S5044]]

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.
  The PRESIDING OFFICER. Is there objection?
  The Senator from California.
  Mrs. FEINSTEIN. 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 PRESIDING OFFICER (Mr. Cotton). Objection is heard.
  The Senator from Utah.
  Mr. LEE. 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.
  The PRESIDING OFFICER. All time has expired.
  The question is, Will the Senate advise and consent to the Oldham 
nomination?
  Mr. LEE. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The clerk will call the roll.
  The bill clerk called the roll.
  Mr. CORNYN. The following Senator is necessarily absent: the Senator 
from Arizona (Mr. McCain).
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 50, nays 49, as follows:

                      [Rollcall Vote No. 160 Ex.]

                                YEAS--50

     Alexander
     Barrasso
     Blunt
     Boozman
     Burr
     Capito
     Cassidy
     Collins
     Corker
     Cornyn
     Cotton
     Crapo
     Cruz
     Daines
     Enzi
     Ernst
     Fischer
     Flake
     Gardner
     Graham
     Grassley
     Hatch
     Heller
     Hoeven
     Hyde-Smith
     Inhofe
     Isakson
     Johnson
     Kennedy
     Lankford
     Lee
     McConnell
     Moran
     Murkowski
     Paul
     Perdue
     Portman
     Risch
     Roberts
     Rounds
     Rubio
     Sasse
     Scott
     Shelby
     Sullivan
     Thune
     Tillis
     Toomey
     Wicker
     Young

                                NAYS--49

     Baldwin
     Bennet
     Blumenthal
     Booker
     Brown
     Cantwell
     Cardin
     Carper
     Casey
     Coons
     Cortez Masto
     Donnelly
     Duckworth
     Durbin
     Feinstein
     Gillibrand
     Harris
     Hassan
     Heinrich
     Heitkamp
     Hirono
     Jones
     Kaine
     King
     Klobuchar
     Leahy
     Manchin
     Markey
     McCaskill
     Menendez
     Merkley
     Murphy
     Murray
     Nelson
     Peters
     Reed
     Sanders
     Schatz
     Schumer
     Shaheen
     Smith
     Stabenow
     Tester
     Udall
     Van Hollen
     Warner
     Warren
     Whitehouse
     Wyden

                             NOT VOTING--1

       
     McCain
       
  The nomination was confirmed.
  The PRESIDING OFFICER. Under the previous order, the motion to 
reconsider is considered made and laid upon the table and the President 
will be immediately notified of the Senate's action.

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