US Codex
Pub. L.
Notes

Division BB — Consumer Protection and Commerce

117th Congress · Approved Dec 29, 2022 · 136 Stat. 4459 · Lineage

DIVISION BB Consumer Protection and Commerce

TITLE I Manufacturing.gov

SEC. 101. Manufacturing.gov Hub.

(a)
Definition.— In this section, the term “Secretary” means the Secretary of Commerce.
(b)
Establishment.— Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Chief Information Officer of the Department of Commerce, shall modify the manufacturing.gov website by establishing a section of the website to be known as the “manufacturing.gov hub”.
(c)
Functions.— The manufacturing.gov hub established under subsection (b) shall—
(1)
serve as the primary hub for information relating to every Federal manufacturing program, including the programs identified in the report of the Government Accountability Office entitled “U.S. Manufacturing” (GAO 17–240), published on March 28, 2017;
(2)
provide the contact information of relevant program offices carrying out the Federal manufacturing programs described in paragraph (1);
(3)
provide an avenue for public input and feedback relating to—
(A)
the functionality of the website of the Department of Commerce;
(B)
the Federal manufacturing programs described in paragraph (1); and
(C)
any other manufacturing-related challenges experienced by manufacturers in the United States;
(4)
establish web pages within the hub that shall focus on—
(A)
technology and research and development;
(B)
trade;
(C)
workforce development and training;
(D)
industrial commons and supply chains; and
(E)
small and medium manufacturers; and
(5)
use machine learning to—
(A)
identify frequently asked questions; and
(B)
disseminate to the public answers to the questions identified under subparagraph (A).
(d)
No Additional Funds.— No additional funds are authorized to be appropriated for the purpose of carrying out this section.

TITLE II Sturdy

SEC. 201. Consumer Product Safety Standard to Protect Against Tip-Over of Clothing Storage Units.

(a)
Clothing Storage Unit Defined.— In this section, the term “clothing storage unit” means any free-standing furniture item manufactured in the United States or imported for use in the United States that is intended for the storage of clothing, typical of bedroom furniture.
(b)
CPSC Determination of Scope.— The Consumer Product Safety Commission shall specify the types of furniture items within the scope of subsection (a) as part of a standard promulgated under this section based on tip-over data as reasonably necessary to protect children up to 72 months of age from injury or death.
(c)
Consumer Product Safety Standard Required.—
(1)
In general.— Except as provided in subsection (f )(1), not later than 1 year after the date of the enactment of this Act, the Consumer Product Safety Commission shall—
(A)
in consultation with representatives of consumer groups, clothing storage unit manufacturers, craft or handmade furniture manufacturers, and independent child product engineers and experts, examine and assess the effectiveness of any voluntary consumer product safety standards for clothing storage units; and
(B)
in accordance with section 553 of title 5, United States Code, and paragraph (2), promulgate a final consumer product safety standard for clothing storage units to protect children from tip-over-related death or injury, that shall take effect 180 days after the date of promulgation or such a later date as the Commission determines appropriate.
(2)
Requirements.— The standard promulgated under paragraph (1) shall protect children from tip-over-related death or injury with—
(A)
tests that simulate the weight of children up to 60 pounds;
(B)
objective, repeatable, reproducible, and measurable tests or series of tests that simulate real-world use and account for impacts on clothing storage unit stability that may result from placement on carpeted surfaces, drawers with items in them, multiple open drawers, and dynamic force;
(C)
testing of all clothing storage units, including those 27 inches and above in height; and
(D)
warning requirements based on ASTM F2057–19, or its successor at the time of enactment, provided that the Consumer Product Safety Commission may strengthen the warning requirements of ASTM F2057–19, or its successor, if reasonably necessary to protect children from tip-over-related death or injury.
(3)
Testing clarification.— Tests referred to in paragraph (2)(B) shall allow for the utilization of safety features (excluding tip restraints) to work as intended if the features cannot be overridden by consumers in normal use.
(4)
Treatment of standard.— A consumer product safety standard promulgated under paragraph (1) shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).
(d)
Adoption of Voluntary Standard.—
(1)
In general.— If a voluntary standard exists that meets the requirements of paragraph (2), the Commission shall, not later than 90 days after the date on which such determination is made and in accordance with section 553 of title 5, United States Code, promulgate a final consumer product safety standard that adopts the applicable performance requirements of such voluntary standard related to protecting children from tip-over-related death or injury. A consumer product safety standard promulgated under this subsection shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058). Such standard shall take effect 120 days after the date of the promulgation of the rule, or such a later date as the Commission determines appropriate. Such standard will supersede any other existing standard for clothing storage units to protect children from tip-over-related death or injury.
(2)
Requirements.— The requirements of this paragraph with respect to a voluntary standard for clothing storage units are that such standard—
(A)
protects children up to 72 months of age from tip-over-related death or injury;
(B)
meets the requirements described in subsection (c)(2);
(C)
is, or will be, published not later than 60 days after the date of enactment of this Act; and
(D)
is developed by ASTM International or such other standard development organization that the Commission determines is in compliance with the intent of this section.
(3)
Notice required to be published in the federal register.— The Commission shall publish a notice in the Federal Register upon beginning the promulgation of a rule under this subsection.
(e)
Revision of Voluntary Standard.—
(1)
Notice to commission.— If the performance requirements of a voluntary standard adopted under subsection (d) are subsequently revised, the organization that revised the performance requirements of such standard shall notify the Commission of such revision after final approval.
(2)
Treatment of revision.— Not later than 90 days after the date on which the Commission is notified of revised performance requirements of a voluntary standard described in paragraph (1) (or such later date as the Commission determines appropriate), the Commission shall determine whether the revised performance requirements meet the requirements of subsection (d)(2)(B), and if so, modify, in accordance with section 553 of title 5, United States Code, the standard promulgated under subsection (d) to include the revised performance requirements that the Commission determines meet such requirements. The modified standard shall take effect after 180 days or such later date as the Commission deems appropriate.
(f)
Subsequent Rulemaking.—
(1)
In general.— Beginning 5 years after the date of enactment of this Act, subsequent to the publication of a consumer product safety standard under this section, the Commission may, at any time, initiate rulemaking, in accordance with section 553 of title 5, United States Code, to modify the requirements of such standard or to include additional provisions if the Commission makes a determination that such modifications or additions are reasonably necessary to protect children from tip-over-related death or injury.
(2)
Petition for revision of rule.—
(A)
In general.— If the Commission receives a petition for a new or revised test that permits incorporated safety features (excluding tip restraints) to work as intended, if the features cannot be overridden by consumers in normal use and provide an equivalent or greater level of safety as the tests developed under subsection (c)(2) or the performance requirements described in subsection (d)(2)(B), as applicable, the Commission shall determine within 120 days—
(i)
whether the petition meets the requirements for petitions set forth in section 1051.5 of title 16, Code of Federal Regulations, or any successor regulation implementing section 9(i) of the Consumer Product Safety Act (15 U.S.C. 2058(i)); and
(ii)
whether the petition demonstrates that the test could reasonably meet the requirements of subsection (c)(2)(B), and if so, the Commission shall determine by recorded vote, within 60 days after the determination, whether to initiate rulemaking, in accordance with section 553 of title 5, United States Code, to revise a consumer product safety standard promulgated under this section to include the new or revised test.
(B)
Demonstration of compliance.— Compliance with the testing requirements of a standard revised under subparagraph (A) may be demonstrated either through the performance of a new or revised test under subparagraph (A) or the performance of the tests otherwise required under a standard promulgated under this section.
(3)
Treatment of rules.— Any rule promulgated under this subsection, including any modification or revision made under this subsection, shall be treated as a consumer product safety rule promulgated under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058).

TITLE III Inform Consumers

SEC. 301. Collection, Verification, and Disclosure of Information by Online Marketplaces to Inform Consumers.

(a)
Collection and Verification of Information.—
(1)
Collection.—
(A)
In general.— An online marketplace shall require any high-volume third party seller on such online marketplace’s platform to provide, not later than 10 days after qualifying as a high-volume third party seller on the platform, the following information to the online marketplace:
(i)
Bank account.—
(I)
In general.— A bank account number, or, if such seller does not have a bank account, the name of the payee for payments issued by the online marketplace to such seller.
(II)
Provision of information.— The bank account or payee information required under subclause (I) may be provided by the seller in the following ways:
(aa)
To the online marketplace.
(bb)
To a payment processor or other third party contracted by the online marketplace to maintain such information, provided that the online marketplace ensures that it can obtain such information within 3 business days from such payment processor or other third party.
(ii)
Contact information.— Contact information for such seller as follows:
(I)
With respect to a high-volume third party seller that is an individual, the individual’s name.
(II)
With respect to a high-volume third party seller that is not an individual, one of the following forms of contact information:
(aa)
A copy of a valid government-issued identification for an individual acting on behalf of such seller that includes the individual’s name.
(bb)
A copy of a valid government-issued record or tax document that includes the business name and physical address of such seller.
(iii)
Tax id.— A business tax identification number, or, if such seller does not have a business tax identification number, a taxpayer identification number.
(iv)
Working email and phone number.— A current working email address and phone number for such seller.
(B)
Notification of change; annual certification.— An online marketplace shall—
(i)
periodically, but not less than annually, notify any high-volume third party seller on such online marketplace’s platform of the requirement to keep any information collected under subparagraph (A) current; and
(ii)
require any high-volume third party seller on such online marketplace’s platform to, not later than 10 days after receiving the notice under clause (i), electronically certify that—
(I)
the seller has provided any changes to such information to the online marketplace, if any such changes have occurred; or
(II)
there have been no changes to such seller’s information.
(C)
Suspension.— In the event that a high-volume third party seller does not provide the information or certification required under this paragraph, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide such information or certification not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller until such seller provides such information or certification.
(2)
Verification.—
(A)
In general.— An online marketplace shall—
(i)
verify the information collected under paragraph (1)(A) not later than 10 days after such collection; and
(ii)
verify any change to such information not later than 10 days after being notified of such change by a high-volume third party seller under paragraph (1)(B).
(B)
Presumption of verification.— In the case of a high-volume third party seller that provides a copy of a valid government-issued tax document, any information contained in such document shall be presumed to be verified as of the date of issuance of such document.
(3)
Data use limitation.— Data collected solely to comply with the requirements of this section may not be used for any other purpose unless required by law.
(4)
Data security requirement.— An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the data collected to comply with the requirements of this section from unauthorized use, disclosure, access, destruction, or modification.
(b)
Disclosure Required.—
(1)
Requirement.—
(A)
In general.— An online marketplace shall—
(i)
require any high-volume third party seller with an aggregate total of $20,000 or more in annual gross revenues on such online marketplace, and that uses such online marketplace’s platform, to provide the information described in subparagraph (B) to the online marketplace; and
(ii)
disclose the information described in subparagraph (B) to consumers in a clear and conspicuous manner—
(I)
on the product listing page (including via hyperlink); or
(II)
in the order confirmation message or other document or communication made to the consumer after the purchase is finalized and in the consumer’s account transaction history.
(B)
Information described.— The information described in this subparagraph is the following:
(i)
Subject to paragraph (2), the identity of the high-volume third party seller, including—
(I)
the full name of the seller, which may include the seller name or seller’s company name, or the name by which the seller or company operates on the online marketplace;
(II)
the physical address of the seller; and
(III)
contact information for the seller, to allow for the direct, unhindered communication with high-volume third party sellers by users of the online marketplace, including—
(aa)
a current working phone number;
(bb)
a current working email address; or
(cc)
other means of direct electronic messaging (which may be provided to such seller by the online marketplace), provided that the requirements of this item shall not prevent an online marketplace from monitoring communications between high-volume third party sellers and users of the online marketplace for fraud, abuse, or spam.
(ii)
Whether the high-volume third party seller used a different seller to supply the consumer product to the consumer upon purchase, and, upon the request of an authenticated purchaser, the information described in clause (i) relating to any such seller that supplied the consumer product to the purchaser, if such seller is different than the high-volume third party seller listed on the product listing prior to purchase.
(2)
Exception.—
(A)
In general.— Subject to subparagraph (B), upon the request of a high-volume third party seller, an online marketplace may provide for partial disclosure of the identity information required under paragraph (1)(B)(i) in the following situations:
(i)
If such seller certifies to the online marketplace that the seller does not have a business address and only has a residential street address, or has a combined business and residential address, the online marketplace may—
(I)
disclose only the country and, if applicable, the State in which such seller resides; and
(II)
inform consumers that there is no business address available for the seller and that consumer inquiries should be submitted to the seller by phone, email, or other means of electronic messaging provided to such seller by the online marketplace.
(ii)
If such seller certifies to the online marketplace that the seller is a business that has a physical address for product returns, the online marketplace may disclose the seller’s physical address for product returns.
(iii)
If such seller certifies to the online marketplace that the seller does not have a phone number other than a personal phone number, the online marketplace shall inform consumers that there is no phone number available for the seller and that consumer inquiries should be submitted to the seller’s email address or other means of electronic messaging provided to such seller by the online marketplace.
(B)
Limitation on exception.— If an online marketplace becomes aware that a high-volume third party seller has made a false representation to the online marketplace in order to justify the provision of a partial disclosure under subparagraph (A) or that a high-volume third party seller who has requested and received a provision for a partial disclosure under subparagraph (A) has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the seller by phone, email, or other means of electronic messaging provided to such seller by the online marketplace, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to respond not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller unless such seller consents to the disclosure of the identity information required under paragraph (1)(B)(i).
(3)
Reporting mechanism.— An online marketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume third party seller a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.
(4)
Compliance.— If a high-volume third party seller does not comply with the requirements to provide and disclose information under this subsection, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide or disclose such information not later than 10 days after the issuance of such notice, suspend any future sales activity of such seller until the seller complies with such requirements.
(c)
Enforcement by Federal Trade Commission.—
(1)
Unfair and deceptive acts or practices.— A violation of subsection (a) or (b) by an online marketplace shall be treated as a violation of a rule defining an unfair or deceptive act or practice 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 subsections (a) and (b) 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.).
(3)
Regulations.— The Commission may promulgate regulations under section 553 of title 5, United States Code, with respect to the collection, verification, or disclosure of information under this section, provided that such regulations are limited to what is necessary to collect, verify, and disclose such information.
(4)
Authority preserved.— Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
(d)
Enforcement by State Attorneys General.—
(1)
In general.— If the attorney general of a State has reason to believe that any online marketplace has violated or is violating this section or a regulation promulgated under this section that affects one or more residents of that State, the attorney general of the State may bring a civil action in any appropriate district court of the United States, to—
(A)
enjoin further such violation by the defendant;
(B)
enforce compliance with this section or such regulation;
(C)
obtain civil penalties in the amount provided for under subsection (c);
(D)
obtain other remedies permitted under State law; and
(E)
obtain damages, restitution, or other compensation on behalf of residents of the State.
(2)
Notice.— The attorney general of a State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action.
(3)
Intervention by the commission.— Upon receiving notice under paragraph (2), the Commission shall have the right—
(A)
to intervene in the action;
(B)
upon so intervening, to be heard on all matters arising therein; and
(C)
to file petitions for appeal.
(4)
Limitation on state action while federal action is pending.— If the Commission has instituted a civil action for violation of this section or a regulation promulgated under this section, no State attorney general, or official or agency of a State, may bring a separate action under paragraph (1) during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section or a regulation promulgated under this section that is alleged in the complaint. A State attorney general, or official or agency of a State, may join a civil action for a violation of this section or regulation promulgated under this section filed by the Commission.
(5)
Rule of construction.— For purposes of bringing a civil action under paragraph (1), nothing in this section shall be construed to prevent the chief law enforcement officer, or official or agency of a State, from exercising the powers conferred on such chief law enforcement officer, or official or agency of a State, by the laws of the State to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.
(6)
Actions by other state officials.—
(A)
In general.— In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so, except for any private person on behalf of the State attorney general, may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.
(B)
Savings provision.— Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.
(e)
Severability.— If any provision of this section, or the application thereof to any person or circumstance, is held invalid, the remainder of this section and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.
(f)
Definitions.— In this section:
(1)
Commission.— The term “Commission” means the Federal Trade Commission.
(2)
Consumer product.— The term “consumer product” has the meaning given such term in section 101 of the Magnuson-Moss Warranty—Federal Trade Commission Improvement Act (15 U.S.C. 2301) and section 700.1 of title 16, Code of Federal Regulations.
(3)
High-volume third party seller.—
(A)
In general.— The term “high-volume third party seller” means a participant on an online marketplace’s platform who is a third party seller and, in any continuous 12-month period during the previous 24 months, has entered into 200 or more discrete sales or transactions of new or unused consumer products and an aggregate total of $5,000 or more in gross revenues.
(B)
Clarification.— For purposes of calculating the number of discrete sales or transactions or the aggregate gross revenues under subparagraph (A), an online marketplace 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 or through its payment processor.
(4)
Online marketplace.— The term “online marketplace” means any person or entity that operates a consumer-directed electronically based or accessed platform that—
(A)
includes features that allow for, facilitate, or enable third party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in the United States;
(B)
is used by one or more third party sellers for such purposes; and
(C)
has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
(5)
Seller.— The term “seller” means a person who sells, offers to sell, or contracts to sell a consumer product through an online marketplace’s platform.
(6)
Third party seller.—
(A)
In general.— The term “third party seller” means any seller, independent of an online marketplace, who sells, offers to sell, or contracts to sell a consumer product in the United States through such online marketplace’s platform.
(B)
Exclusions.— The term “third party seller” does not include, with respect to an online marketplace—
(i)
a seller who operates the online marketplace’s platform; or
(ii)
a business entity that has—
(I)
made available to the general public the entity’s name, business address, and working contact information;
(II)
an ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products; and
(III)
provided to the online marketplace identifying information, as described in subsection (a), that has been verified in accordance with that subsection.
(7)
Verify.— The term “verify” means to confirm information provided to an online marketplace pursuant to this section, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller’s behalf, not misappropriated, and not falsified.
(g)
Relationship to State Laws.— No State or political subdivision of a State, or territory of the United States, may establish or continue in effect any law, regulation, rule, requirement, or standard that conflicts with the requirements of this section.
(h)
Effective Date.— This section shall take effect 180 days after the date of the enactment of this Act.

TITLE IV Virginia Graeme Baker Pool and Spa Safety Act Reauthorization

SEC. 401. Covered Entity Defined.

(a)
In General.— Section 1403 of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8002) is amended—
(1)
by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (6), (7), (8), (9), and (10), respectively; and
(2)
by inserting after paragraph (3) the following:

“(4) Covered entity.—The term ‘covered entity’ means—

“(A) a State; or

“(B) an Indian Tribe.

“(5) Indian tribe.—The term ‘Indian Tribe’ has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).”

(b)
Technical Correction.— Paragraph (10) of section 1403 of the Virginia Graeme Baker Pool and Spa Safety Act (as so redesignated) is amended by striking “ section 3(10) of the Consumer Product Safety Act (15 U.S.C. 2052(10))” and inserting “ section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a))”.

SEC. 402. Swimming Pool Safety Grant Program.

(a)
In General.— Section 1405 of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8004) is amended to read as follows:

“SEC. 1405. SWIMMING POOL SAFETY GRANT PROGRAM.

“(a) In General.—Subject to the availability of appropriations authorized by subsection (e), the Commission shall carry out a grant program to provide assistance to eligible covered entities.

“(b) Eligibility.—To be eligible for a grant under the program, a covered entity shall—

“(1) demonstrate to the satisfaction of the Commission that, as of the date on which the covered entity submits an application to the Commission for a grant under this section, the covered entity has enacted and provides for the enforcement of a statute that—

“(A) except as provided in section 1406(a)(1)(A)(i), applies to all swimming pools constructed in the State or in the jurisdiction of the Indian Tribe (as the case may be) on or after such date; and

“(B) meets the minimum State law requirements of section 1406; and

“(2) submit an application to the Commission at such time, in such form, and containing such additional information as the Commission may require.

“(c) Amount of Grant.—The Commission shall determine the amount of a grant awarded under this section, and shall consider—

“(1) the population of the covered entity;

“(2) the relative enforcement and implementation needs of the covered entity; and

“(3) allocation of grant funds in a manner designed to provide the maximum benefit from the program in terms of protecting children from drowning or entrapment.

“(d) Use of Grant Funds.—A State or an Indian Tribe receiving a grant under this section shall use—

“(1) at least 25 percent of amounts made available—

“(A) to hire and train personnel for implementation and enforcement of standards under the swimming pool and spa safety law of the State or Indian Tribe; and

“(B) to defray administrative costs associated with the hiring and training programs under subparagraph (A); and

“(2) the remainder—

“(A) to educate pool owners, pool operators, and other members of the public about the standards under the swimming pool and spa safety law of the State or Indian Tribe and about the prevention of drowning or entrapment of children using swimming pools and spas; and

“(B) to defray administrative costs associated with the education programs under subparagraph (A).

“(e) Authorization of Appropriations.—There are authorized to be appropriated to the Commission for fiscal year 2023 $2,500,000 to carry out this section.”

(b)
Conforming Amendments.— Section 1406 of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8005) is amended—
(1)
in subsection (a)(2), by striking “ the eligibility of a State” each place it appears and inserting “ the eligibility of a covered entity”; and
(2)
by adding at the end the following:

“(e) State Defined.—In this section, the term ‘State’ includes an Indian Tribe.”

SEC. 403. Reauthorization of Cpsc Education and Awareness Program.

Section 1407 of the Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8006) is amended to read as follows:

“SEC. 1407. EDUCATION AND AWARENESS PROGRAM.

“(a) In General.—The Commission shall establish and carry out an education and awareness program to inform the public of methods to prevent drowning and entrapment in swimming pools and spas. In carrying out the program, the Commission shall develop—

“(1) educational materials designed for swimming pool and spa manufacturers, service companies, and supply retail outlets, including guidance on barrier and drain cover inspection, maintenance, and replacement;

“(2) educational materials designed for swimming pool and spa owners and operators, consumers, States, and Indian Tribes; and

“(3) a national media campaign to promote awareness of swimming pool and spa safety.

“(b) Authorization of Appropriations.—There are authorized to be appropriated to the Commission for fiscal year 2023 $2,500,000 to carry out the education and awareness program authorized by subsection (a).”

TITLE V Ransomware Act

SEC. 501. Short Title.

This title may be cited as the “Reporting Attacks from Nations Selected for Oversight and Monitoring Web Attacks and Ransomware from Enemies Act” or the “RANSOMWARE Act”.

SEC. 502. Inclusion of Report.

Section 2 of Public Law 116–173 is amended—
(1)
in paragraph (3), by striking “ ; and”;
(2)
in paragraph (4), by striking the period at the end and inserting “ ; and”; and
(3)
by adding at the end the following:

“(5) the first report required by the RANSOMWARE Act.”

SEC. 503. Report on Ransomware and Other Cyber-Related Attacks by Certain Foreign Individuals, Companies, and Governments.

(a)
In General.— With the transmission of the report required by section 2 of Public Law 116–173, and separately in 2025 and 2027, the Federal Trade Commission shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report, which may include a classified annex for information that is nonpublic or related to Commission investigations or interagency deliberations, and that shall include the following:
(1)
The number and details of cross-border complaints received by the Commission (including which such complaints were acted upon and which such complaints were not acted upon) that relate to incidents that were reported to the Commission as committed by individuals, companies, or governments, including those described in subsection (b), broken down by each type of individual, type of company, or government described in a paragraph of such subsection.
(2)
The number and details of cross-border complaints received by the Commission (including which such complaints were acted upon and which such complaints were not acted upon) that involve ransomware or other cyber-related attacks that were reported to the Commission as committed by individuals, companies, or governments, including those described in subsection (b), broken down by each type of individual, type of company, or government described in a paragraph of such subsection.
(3)
A description of trends in the number of cross-border complaints received by the Commission and reported to the Commission as incidents that were committed by individuals, companies, or governments, including those described in subsection (b), broken down by each type of individual, type of company, or government described in a paragraph of such subsection.
(4)
Identification and details of foreign agencies (including foreign law enforcement agencies (as defined in section 4 of the Federal Trade Commission Act (15 U.S.C. 44))) located in Russia, China, North Korea, or Iran with which the Commission has cooperated and the results of such cooperation, including any foreign agency enforcement action or lack thereof.
(5)
A description of Commission litigation, in relation to cross-border complaints described in paragraphs (1) and (2), brought in foreign courts and the results of such litigation.
(6)
Any recommendations for legislation that may advance the mission of the Commission in carrying out the U.S. SAFE WEB Act of 2006 and the amendments made by such Act.
(7)
Any recommendations for legislation that may advance the security of the United States and United States companies against ransomware and other cyber-related attacks.
(8)
Any recommendations for United States citizens and United States businesses to implement best practices on mitigating ransomware and other cyber-related attacks.
(b)
Individuals, Companies, and Governments Described.— The individuals, companies, and governments described in this subsection are the following:
(1)
An individual located within Russia or with direct or indirect ties to the Government of the Russian Federation.
(2)
A company located within Russia or with direct or indirect ties to the Government of the Russian Federation.
(3)
The Government of the Russian Federation.
(4)
An individual located within China or with direct or indirect ties to the Government of the People’s Republic of China.
(5)
A company located within China or with direct or indirect ties to the Government of the People’s Republic of China.
(6)
The Government of the People’s Republic of China.
(7)
An individual located within North Korea or with direct or indirect ties to the Government of the Democratic People’s Republic of Korea.
(8)
A company located within North Korea or with direct or indirect ties to the Government of the Democratic People’s Republic of Korea.
(9)
The Government of the Democratic People’s Republic of Korea.
(10)
An individual located within Iran or with direct or indirect ties to the Government of the Islamic Republic of Iran.
(11)
A company located within Iran or with direct or indirect ties to the Government of the Islamic Republic of Iran.
(12)
The Government of the Islamic Republic of Iran.

TITLE VI Travel and Tourism

SEC. 600. Defined Term.

In this title, the term “COVID–19 public health emergency”—
(1)
means the public health emergency first declared on January 31, 2020, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID–19; and
(2)
includes any renewal of such declaration pursuant to such section 319.

Subtitle A Travel Promotion

SEC. 601. Short Title.

This subtitle may be cited as the “Visit America Act”.

SEC. 602. Purposes.

The purposes of this subtitle are—
(1)
to support the travel and tourism industry, which produces economic impacts that are vital to our national economy; and
(2)
to establish national goals for international visitors to the United States, including—
(A)
recommendations for achieving such goals and timelines for implementing such recommendations;
(B)
coordination between Federal and State agencies;
(C)
the resources needed by each Government agency to achieve such goals; and
(D)
the number of international visitors and the value of national travel exports.

SEC. 603. Sense of Congress.

It is the sense of Congress that—
(1)
setting a national goal for the number of international visitors to the United States is vital for aligning Federal tourism policy to support American jobs and economic growth;
(2)
setting a national goal for travel exports is vital for aligning Federal tourism policy to support American jobs, increase travel exports, and improve our Nation’s balance of trade;
(3)
the travel industry is an essential part of the United States services exports with respect to business, education, medical, and leisure travel;
(4)
the promotion of travel and visitation by the Corporation for Travel Promotion (doing business as “Brand USA”) is vital to increasing visitation and articulating the visitation laws of the United States; and
(5)
there is an urgent need for a coordinated travel and tourism industry response and strategy to respond to the current state of such industry and future unforeseen circumstances that may impact the travel and tourism industry.

SEC. 604. Assistant Secretary of Commerce for Travel and Tourism.

Section 2(d) of the Reorganization Plan Numbered 3 of 1979 (93 Stat. 1382; 5 U.S.C. App.) is amended—
(1)
by striking “ There shall be in the Department two additional Assistant Secretaries” and inserting “ (1) There shall be in the Department three additional Assistant Secretaries, including the Assistant Secretary of Commerce for Travel and Tourism,”; and
(2)
by adding at the end the following:

“(2) The Assistant Secretary of Commerce for Travel and Tourism shall report directly to the Under Secretary of Commerce for International Trade.”

SEC. 605. Responsibilities of the Assistant Secretary of Commerce for Travel and Tourism.

(a)
Visitation Goals.— The Assistant Secretary of Commerce for Travel and Tourism (referred to in this section as the “Assistant Secretary”) shall—
(1)
after consultation with the travel and tourism industry, work with the Travel Promotion Committee and the United States Travel and Tourism Advisory Board to establish an annual goal, consistent with the goals of the travel and tourism strategy developed pursuant to section 606(1), for—
(A)
the number of international visitors to the United States; and
(B)
the value of travel and tourism commerce;
(2)
develop recommendations for achieving the annual goals established pursuant to paragraph (1);
(3)
ensure that travel and tourism policy is developed in consultation with—
(A)
the Tourism Policy Council;
(B)
the Secretary of State;
(C)
the Secretary of Homeland Security;
(D)
the Corporation for Travel Promotion;
(E)
the United States Travel and Tourism Advisory Board; and
(F)
travel and tourism industry representatives, including public and private destination marketing organizations, travel and tourism suppliers, gig economy representatives, and labor representatives from these industries;
(4)
establish short, medium, and long-term timelines for implementing the recommendations developed pursuant to paragraph (2);
(5)
conduct Federal agency needs assessments, in consultation with the Office of Management and Budget and other relevant Federal agencies, to identify the resources, statutory or regulatory changes, and private sector engagement needed to achieve the annual visitation goals; and
(6)
provide assessments and recommendations to—
(A)
the Committee on Commerce, Science, and Transportation of the Senate;
(B)
the Committee on Energy and Commerce of the House of Representatives; and
(C)
the public through a publicly accessible website.
(b)
Domestic Travel and Tourism.— The Assistant Secretary, to the extent feasible, shall—
(1)
evaluate, on an ongoing basis, domestic policy options for supporting competitiveness with respect to the strengths, weaknesses, and growth of the domestic travel industry;
(2)
develop recommendations and goals to support and enhance domestic tourism, separated by business and leisure; and
(3)
engage public and private stakeholders to support domestic tourism.
(c)
Workforce.— The Assistant Secretary shall—
(1)
consult with the Secretary of Labor to develop strategies and best practices for improving the timeliness and reliability of travel and tourism workforce data;
(2)
work with the Secretary of Labor and the Bureau of Economic Analysis to improve travel and tourism industry data;
(3)
provide recommendations for policy enhancements and efficiencies; and
(4)
provide policy recommendations regarding the gig economy as it relates to travel and tourism.
(d)
Facilitation of International Business Travel.— The Assistant Secretary, in coordination with relevant Federal agencies, shall strive to increase and facilitate international business travel to the United States and ensure competitiveness by—
(1)
facilitating large meetings, incentives, conferences, and exhibitions in the United States;
(2)
emphasizing rural and other destinations in the United States that are rich in cultural heritage or ecological tourism, among other uniquely American destinations, as locations for hosting international meetings, incentives, conferences, and exhibitions; and
(3)
facilitating sports and recreation events and activities in the United States.
(e)
Recovery Strategies.—
(1)
In general.— Not later than 1 year after amounts are appropriated to the Department of Commerce to accomplish the purposes of this section, the Assistant Secretary, in consultation with the entities referred to in subsection (a)(3), shall develop recovery strategies for the travel and tourism industry in response to the economic impacts of the COVID–19 pandemic and in anticipation of other unpredictable catastrophic events that would significantly affect the travel and tourism industry, such as hurricanes, floods, tsunamis, tornadoes, wildfires, terrorist attacks, and pandemics.
(2)
Cost-benefit analysis.— In developing the recovery strategies under paragraph (1), the Assistant Secretary shall conduct cost-benefit analyses that take into account the health and economic effects of public health mitigation measures on the travel and tourism industry.
(f)
Reporting Requirements.—
(1)
Assistant secretary.— The Assistant Secretary, subject to the availability of appropriations, shall produce an annual forecasting report on the travel and tourism industry, which shall include current and anticipated—
(A)
domestic employment needs;
(B)
international inbound volume and spending, taking into account the lasting effects of the COVID–19 public health emergency and the impact of the recovery strategy implemented pursuant to subsection (e)(1); and
(C)
domestic volume and spending, including Federal and State public land travel and tourism data.
(2)
Bureau of economic analysis.— The Director of the Bureau of Economic Analysis, subject to the availability of appropriations and to the extent feasible, should make quarterly updates to the Travel and Tourism Satellite Accounts, including—
(A)
State-level travel and tourism spending data;
(B)
travel and tourism workforce data for full-time and part-time employment; and
(C)
Federal and State public lands outdoor recreational activity and tourism spending data.
(3)
National travel and tourism office.— The Director of the National Travel and Tourism Office—
(A)
in partnership with the Bureau of Economic Analysis and other relevant Federal agencies, shall provide a monthly report on international arrival and spending data to—
(i)
the Travel and Tourism Advisory Board; and
(ii)
the public through a publicly accessible website; and
(B)
shall include questions in the Survey of International Air Travelers regarding wait-times, visits to public lands, and State data, to the extent applicable.

SEC. 606. Travel and Tourism Strategy.

Not less frequently than once every 10 years, the Secretary of Commerce, in consultation with the United States Travel and Tourism Advisory Board, the Tourism Policy Council, the Secretary of State, and the Secretary of Homeland Security, shall develop and submit to Congress a 10-year travel and tourism strategy, which shall include—
(1)
the establishment of goals with respect to the number of annual international visitors to the United States and the annual amount of travel and tourism commerce in the United States during such 10-year period;
(2)
the resources needed to achieve the goals established pursuant to paragraph (1); and
(3)
recommendations for statutory or regulatory changes that would be necessary to achieve such goals.

SEC. 607. United States Travel and Tourism Advisory Board.

Section 3 of the Act entitled “An Act to encourage travel in the United States, and for other purposes” (15 U.S.C. 1546) is amended to read as follows:

“SEC. 3. UNITED STATES TRAVEL AND TOURISM ADVISORY BOARD.

“(a) In General.—There is established the United States Travel and Tourism Advisory Board (referred to in this section as the ‘Board’), the members of which shall be appointed by the Secretary of Commerce for 2-year terms from companies and organizations in the travel and tourism industry.

“(b) Executive Director.—The Assistant Secretary of Commerce for Travel and Tourism shall serve as the Executive Director of the Board.

“(c) Executive Secretariat.—The National Travel and Tourism Office of the International Trade Administration shall serve as the Executive Secretariat for the Board.

“(d) Functions.—The Board’s Charter shall specify that the Board will—

“(1) serve as the advisory body to the Secretary of Commerce on matters relating to the travel and tourism industry in the United States;

“(2) advise the Secretary of Commerce on government policies and programs that affect the United States travel and tourism industry;

“(3) offer counsel on current and emerging issues;

“(4) provide a forum for discussing and proposing solutions to problems related to the travel and tourism industry; and

“(5) provide advice regarding the domestic travel and tourism industry as an economic engine.

“(e) Recovery Strategies.—The Board shall assist the Assistant Secretary of Commerce for Travel and Tourism in the development and implementation of the recovery strategies required under section 605(e)(1) of the Visit America Act.”

SEC. 608. Data on Domestic Travel and Tourism.

The Assistant Secretary of Commerce for Travel and Tourism, subject to the availability of appropriations, shall collect and make public aggregate data on domestic travel and tourism trends.

SEC. 609. Completion of Proceeding.

If the Secretary of Commerce, before the date of the enactment of this Act, has taken any action that, in whole or in part, implements this title or the amendments made by this title, the Secretary is not required to revisit such action to the extent such action is consistent with this title and the amendments made by this title.

Subtitle B Travel Safety

SEC. 611. Study and Report on Effects of Covid–19 Pandemic on Travel and Tourism Industry in United States.

(a)
Definitions.— In this section:
(1)
Pandemic period.— The term “pandemic period” has the meaning given the term “emergency period” in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)), excluding any portion of such period after the date that is 1 year after the date of the enactment of this Act.
(2)
Secretary.— The term “Secretary” means the Secretary of Commerce.
(3)
Travel and tourism industry.— The term “travel and tourism industry” means the travel and tourism industry in the United States.
(b)
Interim Study and Report.—
(1)
In general.— Not later than 3 months after the date of the enactment of this Act, the Secretary, after consultation with relevant stakeholders, including the United States Travel and Tourism Advisory Board, shall—
(A)
complete an interim study, which shall be based on data available at the time the study is conducted and provide a framework for the study required under subsection (c), regarding the effects of the COVID–19 pandemic on the travel and tourism industry, including various segments of the travel and tourism industry, such as domestic, international, leisure, business, conventions, meetings, and events; and
(B)
submit a report containing the results of such interim study to—
(i)
the Committee on Commerce, Science, and Transportation of the Senate; and
(ii)
the Committee on Energy and Commerce of the House of Representatives.
(2)
Availability.— The Secretary shall make the report described in paragraph (1) publicly available on the website of the Department of Commerce.
(c)
In General.— Not later than 1 year after the date of the enactment of this Act, the Secretary, in consultation with the United States Travel and Tourism Advisory Board and the head of any other Federal agency the Secretary considers appropriate, shall complete a study on the effects of the COVID–19 pandemic on the travel and tourism industry, including various segments of the travel and tourism industry, such as domestic, international, leisure, business, conventions, meetings, and events.
(d)
Matters for Consideration.— In conducting the interim study required under subsection (b) and the study required under subsection (c), the Secretary shall consider—
(1)
changes in employment rates in the travel and tourism industry during the pandemic period;
(2)
changes in revenues of businesses in the travel and tourism industry during the pandemic period;
(3)
changes in employment and sales in industries related to the travel and tourism industry, and changes in contributions of the travel and tourism industry to such related industries, during the pandemic period;
(4)
the effects attributable to the changes described in paragraphs (1) through (3) in the travel and tourism industry and such related industries on the overall economy of the United States, including—
(A)
an analysis of regional economies (on a per capita basis) during the pandemic period; and
(B)
the projected effects of such changes on the regional and overall economy of the United States following the pandemic period;
(5)
the effects attributable to the changes described in paragraphs (1) through (3) in the travel and tourism industry and such related industries on minority communities, including Native Americans, Native Hawaiians, and Alaska Natives;
(6)
reports on the economic impact of COVID–19 issued by other Federal agencies;
(7)
the costs and health benefits associated with COVID–19 requirements for air travel for entry into or exit from the United States and any consequent disincentives for tourism;
(8)
any Federal barriers related to the response to the COVID–19 pandemic that are disincentivizing international tourism in the United States, including the source and policy rationale for these barriers; and
(9)
any additional matters that the Secretary considers appropriate.
(e)
Consultation and Public Comment.— In conducting the study required under subsection (c), the Secretary shall—
(1)
consult with representatives of—
(A)
the small business sector;
(B)
the restaurant or food service sector;
(C)
the hotel and alternative accommodations sector;
(D)
the attractions or recreation sector;
(E)
the outdoor recreation sector;
(F)
the travel distribution services sector;
(G)
destination marketing organizations;
(H)
State tourism offices;
(I)
the passenger air, railroad, bus, and rental car sectors; and
(J)
labor representatives for—
(i)
the sectors referred to in subparagraph (I); and
(ii)
security screening personnel designated by the Administrator of the Transportation Security Administration; and
(2)
provide an opportunity for public comment and advice relevant to conducting such study.
(f)
Report to Congress.—
(1)
In general.— Not later than 6 months after the completion of the study required under subsection (c), the Secretary, in consultation with the United States Travel and Tourism Advisory Board and the Tourism Policy Council, shall submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives that contains—
(A)
the results of such study;
(B)
policy recommendations for—
(i)
promoting and assisting the travel and tourism industry generally; and
(ii)
promoting and assisting travel and tourism to Native American, Native Hawaiian, and Alaska Native communities, by fully implementing the Native American Tourism and Improving Visitor Experience Act (Public Law 114–221); and
(C)
a description of the actions that should be taken by the Federal Government to accelerate the implementation of travel and tourism policies and programs authorized by law.
(2)
Availability.— The Secretary shall make the report described in paragraph (1) publicly available on the website of the Department of Commerce.