[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Page S3293]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1879. Ms. BALDWIN submitted an amendment intended to be proposed 
to amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

        In section 2510(a)(1)(A)(i) of division B, insert ``(or, 
     in the case of multi-sourced products, countries of origin)'' 
     after ``origin of the product''.

       In section 2510(a) of division B, insert the following at 
     the end:
       (4) Obligation to provide.--A manufacturer, distributor, 
     seller, or private labeler seeking to have a product 
     introduced, sold, advertised, or offered for sale in commerce 
     shall provide the information identified in subparagraphs (A) 
     and (B) of paragraph (1) to the relevant retailer or internet 
     website marketplace.
       (5) Safe harbor.--A retailer or internet website 
     marketplace satisfies the disclosure requirements under 
     subparagraphs (A) and (B) of paragraph (1) by disclosing the 
     country of origin and seller information provided by a 
     manufacturer, distributor, seller, or private labeler of the 
     product. If the retailer or internet website marketplace 
     determines or has a reasonable basis to conclude that the 
     information provided by a manufacturer, distributor, seller, 
     or private labeler to the retailer or internet website 
     marketplace for a product is false or deceptive, the retailer 
     or internet website marketplace shall not be required to 
     disclose such false or deceptive information and shall be 
     deemed to meet the disclosure requirements under such 
     subparagraphs (A) and (B) for that product.

       In section 2510(b)(1) of division B, insert ``and except as 
     provided for in paragraph (2),'' after ``provision of law,''.

       In section 2510(b) of division B, insert the following at 
     the end:
       (3) Limitation of liability.--A retailer or internet 
     website marketplace is not in violation of this section or 
     section 5 of the Federal Trade Commission Act (15 U.S.C. 45) 
     if a manufacturer, importer, distributor, or private labeler 
     provided the retailer or internet website marketplace with a 
     false or deceptive representation as to the country of origin 
     of a product or its parts or processing.

       In section 2510(d) of division B, strike ``the date of 
     enactment of this division'' and insert ``the date of the 
     publication of the agreement under subsection (c)(3)(B)''.
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