[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2208 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2208
To require online retailers to prominently disclose product country-of-
origin information, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2019
Mr. Scott of Florida introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
To require online retailers to prominently disclose product country-of-
origin information, and for other purposes.
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 ``Promoting Responsibility In Markets
and E-Retailers Act of 2019'' or the ``PRIME Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Country of origin.--The term ``country of origin'' has
the meaning given such term for purposes of section 304 of the
Tariff Act of 1939 (19 U.S.C. 1304).
(3) Internet application.--The term ``internet
application'' means a computer program or software application
that is downloaded by a user to an internet-connected device.
(4) Online retail platform.--The term ``online retail
platform'' means any internet website or other online platform
through which products are sold.
SEC. 3. COUNTRY OF ORIGIN REQUIREMENTS FOR ONLINE RETAILERS AND
SELLERS.
(a) In General.--Beginning on the date that is 180 days after the
date of the promulgation of final regulations implementing this
section--
(1) it shall be unlawful for any person to operate an
online retail platform that does not comply with the
requirements of subsection (b); and
(2) it shall be unlawful for any person who offers a
product for sale through an online retail platform to knowingly
provide false information to the platform with respect to the
country of origin of such product.
(b) Country of Origin Disclosure Requirements.--The requirements of
this subsection, with respect to an online retail platform, are the
following:
(1) The online retail platform requires any person who
wishes to sell a product through the platform to provide the
platform with information on the country of origin of such
product which shall include, if applicable, the country of
origin of the product as the product is marked or labeled
pursuant to section 304 of the Tariff Act of 1930 (19 U.S.C.
1304) and the regulations promulgated under such Act.
(2) With respect to any article of foreign origin imported
into the United States that is subject to the country of origin
marking requirement of section 304 of the Tariff Act of 1930
(19 U.S.C. 1304) and is offered for sale on the online retail
platform, the platform discloses, in a conspicuous manner and
in the same language that is used on the rest of the platform,
the name of the country of origin (as such term is defined for
purposes of such section 304) of that article.
SEC. 4. COUNTRY OF ORIGIN DISCLOSURE REQUIREMENTS FOR SELLERS OF
INTERNET APPLICATIONS.
Beginning on the date that is 180 days after the date of the
promulgation of final regulations implementing this section--
(1) it shall be unlawful for any person to sell or
distribute an internet application unless the person discloses
to any individual who downloads such application, in a clear
and conspicuous manner and in the same language that is used on
the rest of the platform on which such application is sold or
distributed--
(A) the country in which the developer of such
application is located;
(B) the country in which the publisher of such
application is located; and
(C) if applicable, the country in which the parent
corporation of such developer or publisher is located;
and
(2) it shall be unlawful for the developer or publisher of
an internet application to knowingly provide false information
to a seller or distributor of internet applications with
respect to the country in which such developer or publisher or
the parent corporation of such developer or publisher is
located.
SEC. 5. ENFORCEMENT.
(a) Unfair and Deceptive Acts or Practices.--A violation of this
Act shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Powers of Commission.--
(1) In general.--The Commission shall enforce this Act 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.
(2) Privileges and immunities.--Any person that violates
this Act shall be subject to the penalties (including the
provisions of subsections (l) and (m) of section 5 of such Act
which provide for a maximum civil penalty per violation of
$42,350 (as of February 14, 2019)), and entitled to the
privileges and immunities, provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(c) Consultation With U.S. Customs and Border Protection.--In
carrying out this Act and promulgating rules under this Act, the
Commission shall consult with the Commissioner of U.S. Customs and
Border Protection.
(d) Rulemaking.--The Commission shall promulgate in accordance with
section 553 of title 5, United States Code, such rules as may be
necessary to carry out this Act.
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