S.Amdt. 1879Senate117th Congress (2021-2023)2nd degree
S.Amdt. 1879
Sponsored by
Sen. Tammy Baldwin (D-WI)
Submitted May 20, 2021
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Senate amendment submitted
May 20, 2021
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Submitted
SA 1879. 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(a)(1)(A)(i) of division B, insert ``(or, in the case of multi-sourced products, countries of origin)'' after ``origin of the product''. In section 2510(a) of division B, insert the following at the end: (4) 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 subparagraphs (A) and (B) of paragraph (1) to the relevant retailer or internet website marketplace. (5) Safe harbor.--A retailer or internet website marketplace satisfies the disclosure requirements under subparagraphs (A) and (B) of paragraph (1) by disclosing the country of origin and seller information provided by a 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 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 subparagraphs (A) and (B) for that product. In section 2510(b)(1) of division B, insert ``and except as provided for in paragraph (2),'' after ``provision of law,''. In section 2510(b) of division B, insert the following at the end: (3) Limitation of liability.--A retailer or internet website marketplace is not in violation of this section or section 5 of the Federal Trade Commission Act (15 U.S.C. 45) if a 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. In section 2510(d) of division B, strike ``the date of enactment of this division'' and insert ``the date of the publication of the agreement under subsection (c)(3)(B)''. ______