[Congressional Record Volume 166, Number 129 (Wednesday, July 22, 2020)]
[Senate]
[Pages S4397-S4398]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             REINFORCING AMERICAN-MADE PRODUCTS ACT OF 2020

  Mr. LEE. Mr. President, when Americans see a ``Made in the U.S.A.'' 
label on a product, it is a source of great pride, and justifiably so. 
It represents the American virtues of entrepreneurialism and 
industriousness. It also alludes to the fact that, as Americans, we 
have a common sense of destiny and a common appreciation for the 
inherent dignity and eternal worth of the human soul. It is a symbol of 
support for American manufacturing jobs, for local communities, and for 
high-quality products. So it often spurs American consumers as well as 
foreign consumers to buy a particular product--a product lucky enough 
to have that label.
  The Federal Trade Commission currently enforces a difficult standard 
for all products that want to claim the ``Made in the U.S.A.'' label. 
It requires that ``all or virtually all'' of a product be made in the 
United States, and it has issued a lengthy legal guidance document--or 
a series thereof--establishing rules for who may and may not claim that 
title.
  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 particular product are manufactured 
outside the United States--even if that means just a few bolts or a few 
screws--that product cannot lawfully be labeled ``Made in the U.S.A.''
  Because of the flow of interstate and international commerce, in 
which most manufacturers sell wholesale to national and international 
distributors who then disperse products all throughout the country, the 
other 49 States are forced to comply with this one--the most rigid 
definition--in order to avoid costly litigation.
  For many practical purposes, this just means they can't use the 
label. It makes it impracticable as a business matter and not feasible 
as a legal matter for them to claim that label. Even though they could 
legally boast the ``Made in the U.S.A.'' claim in every other State in 
the country, California makes it more or less impossible for them to do 
so. In other words, a single State is effectively dictating a country-
of-origin label. Think about that for a minute.
  If California or any other State in the Union, for that matter, would 
like to create a State-of-origin label, I have no issue with such a 
State doing that and wouldn't suggest that the Federal Government ought 
to undo those parameters. But as it currently stands, the California 
law undermines Congress's rightful authority to regulate interstate 
commerce and needlessly hurts American manufacturers.
  This is one of the reasons we are our own country. This is one of the 
reasons we fly the Stars and Stripes. It is one of the reasons the 
Constitution came into existence to begin with--to give Congress the 
power to regulate commerce between the several States with foreign 
nations and with Indians Tribes. Our previous form of government, under 
the Articles of Confederation, didn't create a Congress that had that 
power. As a result, in the early days following the American 
Revolution, States were engaging in activities amounting to economic 
Balkanization. We saw economic Balkanization among and between the 
States. That is why our Founding Fathers gathered in that hot, fateful, 
and sweltering summer of 1787 in Philadelphia--for this very reason.
  The Reinforcing American-Made Products Act would solve this very 
problem. It would simply ensure that the FTC has the exclusive 
authority to set the national standard for ``Made in the U.S.A.'' 
labeling. The legislation would provide clarity and consistency, 
helping American companies to avoid unnecessary hardships and frivolous 
lawsuits that would otherwise deter them from using this coveted and 
justifiably enviable label of ``Made in the U.S.A.''
  Now more than ever, in the midst of the economic turmoil associated 
with the global pandemic, we ought to be doing all we can to support 
American jobs and to strengthen our local communities. This legislation 
would help us accomplish just that. I urge my colleagues to vote in 
favor of it.

[[Page S4398]]

  Mr. President, I ask unanimous consent that the Committee on 
Commerce, Science, and Transportation be discharged from further 
consideration of S. 4065 and that the Senate proceed to its immediate 
consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 4065) to make exclusive the authority of the 
     Federal Government to regulate the labeling of products made 
     in the United States and introduced in interstate or foreign 
     commerce, and for other purposes.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. LEE. Mr. President, I ask unanimous consent that the bill be 
considered read a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. LEE. I know of no further debate on the bill.
  The PRESIDING OFFICER. Is there further debate?
  Hearing none, the question is, Shall the bill pass?
  The bill (S. 4065) was passed, as follows

                                S. 4065

       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 ``Reinforcing American-Made 
     Products Act of 2020''.

     SEC. 2. EXCLUSIVITY OF FEDERAL AUTHORITY TO REGULATE LABELING 
                   OF PRODUCTS MADE IN THE UNITED STATES AND 
                   INTRODUCED IN INTERSTATE OR FOREIGN COMMERCE.

       Section 320933 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (15 U.S.C. 45a) is amended--
       (1) in the first sentence, by striking ``To the extent'' 
     and inserting the following:
       ``(a) In General.--To the extent'';
       (2) by adding at the end the following:
       ``(b) Effect on State Law.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     provisions of this section shall supersede any provisions of 
     the law of any State expressly relating to the extent to 
     which a product is introduced, delivered for introduction, 
     sold, advertised, or offered for sale in interstate or 
     foreign commerce with a `Made in the U.S.A.' or `Made in 
     America' label, or the equivalent thereof, in order to 
     represent that such product was in whole or substantial part 
     of domestic origin.
       ``(2) Enforcement.--Nothing in this section shall preclude 
     the application of the law of any State to the use of a label 
     not in compliance with subsection (a).''; and
       (3) in the third sentence of subsection (a), as so 
     designated by paragraph (1), by striking ``Nothing in this 
     section'' and inserting ``Except as provided in subsection 
     (b), nothing in this section''.

  Mr. LEE. I ask unanimous consent that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The PRESIDING OFFICER. The Senator from Virginia.

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