S.Amdt. 2081

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

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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).
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