[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2513-S2514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 316. Ms. BALDWIN submitted an amendment intended to be proposed by
her to the bill S. 2226, to authorize appropriations for fiscal year
2024 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place in subtitle G of title X, insert
the following:
SEC. __. MANDATORY ORIGIN AND LOCATION DISCLOSURE FOR NEW
PRODUCTS OF FOREIGN ORIGIN OFFERED FOR SALE ON
THE INTERNET.
(a) Mandatory Disclosure.--
(1) In general.--
(A) Disclosure.--Subject to subparagraph (B), it shall be
unlawful for a product that is marked or required to be
marked under section 304 of the Tariff Act of 1930 (19 U.S.C.
1304) to be introduced, sold, advertised, or offered for sale
in commerce on an internet website unless the internet
website description of the product indicates in a conspicuous
place--
(i) the country of origin of the product (or, in the case
of a multi-sourced product, the countries of origin), in a
manner consistent with the regulations prescribed under such
section 304; and
(ii) the country in which the seller of the product has its
principal place of business.
(B) Exclusions.--
(i) Agricultural products.--The disclosure requirements
under clauses (i) and (ii) of subparagraph (A) shall not
apply to--
(I) a covered commodity (as defined in section 281 of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1638));
(II) a meat or meat food product subject to inspection
under the Federal Meat Inspection Act (21 U.S.C. 601 et
seq.);
(III) a poultry or poultry product subject to inspection
under the Poultry Products Inspection Act (21 U.S.C. 451 et
seq.); or
(IV) an egg product subject to regulation under the Egg
Products Inspection Act (21 U.S.C. 1031 et seq.).
(ii) Food and drugs.--The disclosure requirements under
clauses (i) and (ii) of subparagraph (A) shall not apply to a
food or drug (as those terms are defined in paragraphs (f)
and (g), respectively, of section 201 of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 321) that is subject to the
jurisdiction of the Food and Drug Administration.
(iii) Used or previously owned articles.--The disclosure
requirements under clauses (i) and (ii) of subparagraph (A)
shall not apply to any used or previously owned article sold
by an internet website marketplace or a seller on an internet
website marketplace. For the purposes of the preceding
sentence, the term ``used or previously owned article'' means
an article that was previously sold or offered for sale at
retail.
(iv) Small seller.--The disclosure requirements under
clauses (i) and (ii) of subparagraph (A) shall not apply to
goods listed by a small seller. For the purposes of the
preceding sentence, the term ``small seller'' means a seller
with annual sales of less than $20,000 and fewer than 200
discrete sales.
(C) Multi-sourced products.--For purposes of subparagraph
(A)(i), a product shall be considered to be a ``multi-sourced
product'' if a seller offers for sale a finished product,
identical versions of which are produced in multiple
countries.
(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
[[Page S2514]]
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.
(4) Safe harbor.--A retailer or a seller on an 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) Enforcement by the Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) 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) 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 section, 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.
(c) Limitation of Liability.--A retailer or seller is not
in violation of subsection (a) if--
(1) a third-party manufacturer, distributor, seller,
supplier, or private labeler provided the retailer or seller
with a false or deceptive representation as to the country of
origin of a product or its parts or processing; and
(2) the retailer or seller--
(A) relied in good faith on that representation; and
(B) took immediate action to remove any such false or
deceptive representations upon notice.
(d) Authority Preserved.--Nothing in this section may be
construed to limit the authority of the Department of
Agriculture, the Food and Drug Administration, or U.S.
Customs and Border Protection under any other provision of
law.
(e) Effective Date.--This section shall take effect 12
months after the date of the publication of the Memorandum of
Understanding or agreement under subsection (b)(3).
______