[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).
                                 ______