[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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