[Congressional Record Volume 167, Number 92 (Wednesday, May 26, 2021)]
[Senate]
[Pages S3536-S3537]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2081. 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 of division B, strike subsections (a) 
     through (d) and insert the following:
       (a) Mandatory Origin and Location Disclosure for Products 
     Offered for Sale on the Internet.--
       (1) In general.--
       (A) Disclosure.--Subject to subparagraph (C), it shall be 
     unlawful for a product that is required to be marked under a 
     provision of law (or its implementing regulations) described 
     in subparagraph (B) to be introduced, sold, advertised, or 
     offered for sale in commerce on an internet website unless 
     the internet website description of the product--
       (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) 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) Provisions of law described.--The provisions of law 
     described in this subparagraph are the following:
       (i) Section 32304 of title 49, United States Code.
       (ii) Section 2 of the Textile Fiber Products Identification 
     Act (15 U.S.C. 70b)).
       (iii) Section 2 of the Wool Products Labeling Act of 1939 
     (15 U.S.C. 68)).
       (iv) Section 2 of the Fur Products Labeling Act (15 U.S.C. 
     69)).
       (v) Subtitle D of the Agricultural Marketing Act of 1946 (7 
     U.S.C. 1638 et seq.)).
       (vi) The Federal Meat Inspection Act (21 U.S.C. 601 et 
     seq.)).
       (vii) The Poultry Products Inspection Act (21 U.S.C. 451 et 
     seq.)).
       (viii) Section 304 of the Tariff Act of 1930 (19 U.S.C. 
     1304).
       (C) Exclusions.--
       (i) In general.--In the case of a product regulated by a 
     provision of law (or its implementing regulations) described 
     in clause (v), (vi), or (vii) of subparagraph (B), the 
     disclosure requirements under clauses (i) and (ii) of 
     subparagraph (A) shall only apply if the

[[Page S3537]]

     product is required to comply with country of origin labeling 
     requirements under a provision of law (or its implementing 
     regulations) described in clause (v), (vi), or (vii) of 
     subparagraph (B).
       (ii) Drugs.--The disclosure requirements under clauses (i) 
     and (ii) of subparagraph (A) 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, importer, 
     distributor, seller, supplier, or private labeler seeking to 
     have a product introduced, sold, advertised, or offered for 
     sale in commerce shall provide the information identified 
     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 
     clauses (i) and (ii) of paragraph (1)(A) or paragraph (2), as 
     applicable, if the disclosure includes the country of origin 
     and seller information provided by a third-party 
     manufacturer, importer, distributor, seller, supplier, or 
     private labeler of the 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, distributor, seller, supplier, 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 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 12 
     months after the date of the publication of the Memorandum of 
     Understanding or agreement under subsection (c)(3).
                                 ______