[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4712-S4713]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2378. Ms. BALDWIN (for herself, Mr. Braun, Mr. Brown, and Mr. 
Scott of Florida) submitted an amendment intended to be proposed by her 
to the bill S. 4638, to authorize appropriations for fiscal year 2025 
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 H of title X, insert 
     the following:

     SEC. __. MANDATORY ORIGIN DISCLOSURE FOR NEW PRODUCTS OF 
                   FOREIGN ORIGIN OFFERED FOR SALE ON THE 
                   INTERNET.

       (a) Mandatory Disclosure.--
       (1) In general.--
       (A) Disclosure.--Subject to the succeeding provisions of 
     this paragraph, it shall be unlawful for an online store, an 
     online marketplace, or a seller to introduce, sell, or offer 
     for sale on an internet website a product that is marked or 
     required to be marked under section 304 of the Tariff Act of 
     1930 (19 U.S.C. 1304) unless the country of origin is 
     disclosed in a conspicuous manner on the online store or 
     online marketplace's online description of the product and in 
     a manner consistent with the regulations prescribed under 
     such section 304 at the time of the product's importation, or 
     anticipated importation, into the customs territory of the 
     United States.
       (B) Exclusions.--
       (i) Agricultural products.--The disclosure requirements 
     under 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 
     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 products.--The disclosure 
     requirements under subparagraph (A) shall not apply to any 
     used or previously owned products sold in interstate 
     commerce.
       (iv) Small seller.--The disclosure requirements under 
     subparagraph (A) shall not apply to goods listed by a small 
     seller.
       (C) Limitation of liability.--
       (i) Online store.--An online store is not in violation of 
     the requirements under subparagraph (A) if the online store 
     provided its third party manufacturer, distributor, supplier, 
     or private labeler with--

       (I) a notice of their obligation to provide the country of 
     origin to the store, if applicable; and
       (II) the means to list directly, or provide to the online 
     store for listing, the country of origin of the product.

       (ii) Online marketplace.--

       (I) In general.--Subject to subclause (II), an online 
     marketplace is not in violation of the requirements under 
     subparagraph (A) if the online marketplace provided its 
     sellers with--

       (aa) a notice of the seller's obligation to provide country 
     of origin information when selling a product; and
       (bb) the means to list the country of origin in the 
     product's description.

       (II) Exception.--Subclause (I) shall not apply when the 
     online marketplace is selling the product itself, rather than 
     only facilitating a sale by a seller and relying on a seller 
     for that product's information.

       (iii) Seller.--A seller is not in violation of the 
     requirements under subparagraph (A) if the online marketplace 
     did not provide the seller with--

       (I) the notice described in clause (ii)(I)(aa); or
       (II) the means to list the county of origin in the 
     product's description as described in clause (ii)(I)(bb).

       (D) Fungible goods or materials.--For the purposes of 
     subparagraph (A) and in accordance with section 102.12(f) of 
     title 19, Code of Federal Regulations, an online store, an 
     online marketplace, or a seller is in compliance with the 
     disclosure requirements under subparagraph (A) if it lists 
     multiple countries of origin for products that are fungible 
     goods or materials. Products shall be considered to be 
     ``fungible goods or materials'' if the goods or materials, as 
     the case may be, are interchangeable for commercial purposes 
     and have properties which are essentially identical.
       (E) Safe harbor.--An online store, an online marketplace, 
     or a seller satisfies the disclosure requirements under 
     subparagraph (A) if the online store, online marketplace, or 
     seller relies on the country of origin representation 
     provided by a third party manufacturer, importer, 
     distributor, supplier, or private labeler of the product.
       (2) Certain drug products.--It shall be unlawful for an 
     online store, an online marketplace, or a seller to offer for 
     sale in commerce to consumers on an internet website 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) unless the internet website description 
     of the drug indicates in a

[[Page S4713]]

     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, supplier, or private labeler seeking to have a 
     product introduced, sold, advertised, or offered for sale in 
     commerce shall provide the marking information required by 
     section 304 of the Tariff Act of 1930 (19 U.S.C. 1304) to the 
     relevant online store, an online marketplace, or a seller who 
     wishes to offer the product for sale on an internet website.
       (b) Enforcement by the Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     subsection (a) or a regulation promulgated thereunder shall 
     be treated as a violation of a rule defining an unfair or 
     deceptive act or practice 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.
       (D) Rulemaking.--
       (i) In general.--The Commission shall promulgate in 
     accordance with section 553 of title 5, United States Code, 
     such rules as may be necessary to carry out this section.
       (ii) Consultation.--In promulgating any regulations under 
     clause (i), the Commission shall consult with U.S. Customs 
     and Border Protection.
       (3) Interagency agreement.--Not later than 6 months after 
     the date of enactment of this section, the Commission, the 
     Commissioner for U.S. Customs and Border Protection, the 
     Commissioner of Food and Drugs, the United States Trade 
     Representative, and the Secretary 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 Memorandum of Understanding or other 
     agreement in order to provide public guidance.
       (c) Authority Preserved.--Nothing in this section may be 
     construed to--
       (1) 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; or
       (2) require the Commission to interpret, modify, or enforce 
     regulations promulgated by such agencies unless as provided 
     by the Memorandum of Understanding or other agreement entered 
     into under subsection (b)(3)(A).
       (d) Effective Date.--This section shall take effect 1 year 
     after the date of the publication of the Memorandum of 
     Understanding or other agreement under subsection (b)(3)(B).
       (e) Rule of Construction.--Nothing in this Act shall be 
     construed to require an online store, an online marketplace, 
     or a seller to include a description of a product introduced, 
     sold, or offered for sale in interstate commerce other than a 
     notice of the country of origin as required by subsection 
     (a).
       (f) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (2) Online marketplace.--The term ``online marketplace'' 
     has the meaning given such term in section 301(f) of the 
     Consolidated Appropriations Act, 2023 (15 U.S.C. 45f(f)).
       (3) Online store.--The term ``online store'' means a person 
     or entity that operates a consumer-directed, electronically 
     based or accessed website that sells products to consumers 
     over the internet for itself or on behalf of third party 
     sellers.
       (4) Product.--The term ``product'' has the meaning given 
     the term ``article of foreign origin'' in section 304 of the 
     Tariff Act of 1930 (19 U.S.C. 1304).
       (5) Seller.--The term ``seller'' has the meaning given such 
     term in section 301(f) of the Consolidated Appropriations 
     Act, 2023 (15 U.S.C. 45f(f)).
       (6) Small seller.--
       (A) In general.--The term ``small seller'' means a seller 
     on an online marketplace that, in any consecutive 12-month 
     period during the previous 24 months, has--
       (i) annual sales of less than an aggregate total of $20,000 
     in gross revenues; and
       (ii) fewer than 200 discrete sales or transactions 
     (excluding sales of used or previously owned products).
       (B) Clarification.--For the purposes of calculating the 
     number of discrete sales or transactions or the aggregate 
     gross revenues under subparagraph (A), a seller shall only be 
     required to count sales or transactions made through the 
     online marketplace and for which payment was processed by the 
     online marketplace, either directly of through its payment 
     processor.
       (7) Used or previously owned product.--The term ``used or 
     previously owned product'' means a product that was 
     previously sold or offered for sale in interstate commerce.

     SEC. __. COUNTRY OF ORIGIN LABELING FOR COOKED KING CRAB AND 
                   TANNER CRAB AND COOKED AND CANNED SALMON.

       Section 281(7)(B) of the Agricultural Marketing Act of 1946 
     (7 U.S.C. 1638(7)(B)) is amended--
       (1) by striking the period at the end and inserting a 
     semicolon;
       (2) by striking ``includes a fillet'' and inserting the 
     following: ``includes--
       ``(i) a fillet''; and
       (3) by adding at the end the following:
       ``(ii) whole cooked king crab and tanner crab and cooked 
     king crab and tanner crab sections; and
       ``(iii) cooked and canned salmon.''.
                                 ______