[Congressional Record Volume 167, Number 90 (Monday, May 24, 2021)]
[Senate]
[Pages S3362-S3363]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1947. 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:

        Strike 2510 of division B and insert the following:

     SEC. 2510. COUNTRY OF ORIGIN LABELING ONLINE ACT.

       (a) Mandatory Origin and Location Disclosure for Products 
     Offered for Sale on the Internet.--
       (1) In general.--
       (A) Disclosure.--It shall be unlawful for a product that is 
     required to be marked under section 304 of the Tariff Act of 
     1930 (19 U.S.C. 1304) or its implementing regulations to be 
     introduced, sold, advertised, or offered for sale in commerce 
     on an internet website unless the internet website 
     description of the product--
       (i)(I) indicates in a conspicuous place the country of 
     origin of the product (or, in the case of multi-sourced 
     products, countries of origin), in a manner consistent with 
     the regulations prescribed under section 304 of the Tariff 
     Act of 1930 (19 U.S.C. 1304) and the country of origin 
     marking regulations administered by U.S. Customs and Border 
     Protection; and
       (II) includes, in the case of--

       (aa) a new passenger motor vehicle (as defined in section 
     32304 of title 49, United States Code), the country of origin 
     disclosure required by such section;
       (bb) a textile fiber product (as defined in section 2 of 
     the Textile Fiber Products Identification Act (15 U.S.C. 
     70b)), the country of origin disclosure required by such Act;
       (cc) a wool product (as defined in section 2 of the Wool 
     Products Labeling Act of 1939 (15 U.S.C. 68)), the country of 
     origin disclosure required by such Act;
       (dd) a fur product (as defined in section 2 of the Fur 
     Products Labeling Act (15 U.S.C. 69)), the country of origin 
     disclosure required by such Act; and
       (ee) a covered commodity (as defined in section 281 of the 
     Agricultural Marketing Act of 1946 (7 U.S.C. 1638)), the 
     country of origin information required by section 282 of such 
     Act (7 U.S.C. 1638a); and

       (ii) indicates in a conspicuous place the country in which 
     the seller of the product is located (and, if applicable, the 
     country in which any parent corporation of such seller is 
     located).
       (B) Additional requirement.--The disclosure of a product's 
     country of origin required pursuant to subparagraph (A)(i) 
     shall not be made in such a manner as to represent to a 
     consumer that the product is in whole, or part, of United 
     States origin, unless such disclosure is consistent with 
     section 5 of the Federal Trade Commission Act (15 U.S.C. 
     45(a)) and any regulations promulgated by the Commission 
     pursuant to section 320933 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (15 U.S.C. 45a), provided that no 
     other Federal statute or regulation applies.
       (C) Limitation.--The provisions of this paragraph shall not 
     apply to a pharmaceutical product subject to the jurisdiction 
     of the Food and Drug Administration.
       (2) Certain drug products.--It shall be unlawful for a drug 
     that is not subject to section 503(b)(1) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)) and that is 
     required to be marked under section 304 of the Tariff Act of 
     1930 (19 U.S.C. 1304) to be offered for sale in commerce to 
     consumers on an internet website unless the internet website 
     description of the drug indicates in a conspicuous place the 
     name and place of business of the manufacturer, packer, or 
     distributor that is required to appear on the label of the 
     drug in accordance with section 502(b) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 352(b)).
       (3) 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 clauses (i) and 
     (ii) of paragraph (1)(A) or paragraph (2), as applicable, to 
     the relevant retailer or internet website marketplace.
       (4) Safe harbor.--A retailer or internet website 
     marketplace satisfies the disclosure requirements under 
     subparagraphs (i) and (ii) of paragraph (1)(A) or paragraph 
     (2), as applicable, if the disclosure required under such 
     clauses or paragraph (2), as applicable, includes the country 
     of origin and seller information provided by a third-party 
     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 third-party 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 clauses (i) and (ii) or paragraph 
     (2), as applicable, for that product.
       (b) Prohibition on False and Misleading Representation of 
     United States Origin on Products.--
       (1) Unlawful activity.--Notwithstanding any other provision 
     of law, and except as provided for in paragraph (2), it shall 
     be unlawful to make any false or deceptive representation 
     that a product or its parts or processing are of United 
     States origin in any labeling, advertising, or other 
     promotional materials, or any other form of marketing, 
     including marketing through digital or electronic means in 
     the United States.
       (2) Deceptive representation.--For purposes of paragraph 
     (1), a representation that a product is in whole, or in part, 
     of United States origin is deceptive if, at the time the 
     representation is made, such claim is not consistent with 
     section 5 of the Federal Trade Commission Act (15 U.S.C. 
     45(a)) and any regulations promulgated by the Commission 
     pursuant to section 320933 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (15 U.S.C. 45a), provided that no 
     other Federal statute or regulation applies.
       (3) Limitation of liability.--A retailer or internet 
     website marketplace is not in violation of this subsection if 
     a third-party 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.
       (c) Enforcement by Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     subsection (a) or (b) shall be treated as a violation of a 
     rule prescribed under section 18(a)(1)(B) of the Federal 
     Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
       (2) Powers of the commission.--
       (A) In general.--The Commission shall enforce this section 
     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 section.
       (B) Privileges and immunities.--Any person that violates 
     subsection (a) or (b) shall

[[Page S3363]]

     be subject to the penalties and entitled to the privileges 
     and immunities provided in the Federal Trade Commission Act 
     (15 U.S.C. 41 et seq.) as though all applicable terms and 
     provisions of that Act were incorporated and made part of 
     this section.
       (C) Authority preserved.--Nothing in this section may be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (3) Interagency agreement.--Not later than 6 months after 
     the date of enactment of this division, the Commission, the 
     U.S. Customs and Border Protection, and the Department of 
     Agriculture shall--
       (A) enter into a Memorandum of Understanding or other 
     appropriate agreement for the purpose of providing consistent 
     implementation of this section; and
       (B) publish such agreement to provide public guidance.
       (4) Definition of commission.--In this subsection, the term 
     ``Commission'' means the Federal Trade Commission.
       (d) Effective Date.--This section shall take effect 9 
     months after the date of the publication of the Memorandum of 
     Understanding or agreement under subsection (c)(3).
                                 ______