[Congressional Record Volume 167, Number 91 (Tuesday, May 25, 2021)]
[Senate]
[Pages S3439-S3440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1992. Mr. WYDEN 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:

       At the end of title III of division F, add the following:

     SEC. 6302. CENSORSHIP AS A TRADE BARRIER.

       (a) In General.--Chapter 8 of title I of the Trade Act of 
     1974 (19 U.S.C. 2241 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 183. IDENTIFICATION OF COUNTRIES THAT DISRUPT DIGITAL 
                   TRADE.

       ``(a) In General.--Not later than 60 days after the date on 
     which the National Trade Estimate is submitted under section 
     181(b), the United States Trade Representative (in this 
     section referred to as the `Trade Representative') shall 
     identify, in accordance with subsection (b), foreign 
     countries that are trading partners of the United States that 
     engage in acts, policies, or practices that disrupt digital 
     trade activities, including--
       ``(1) coerced censorship in their own markets or 
     extraterritorially; and
       ``(2) other eCommerce or digital practices with the goal, 
     or substantial effect, of promoting censorship or 
     extrajudicial data access that disadvantages United States 
     persons.
       ``(b) Requirements for Identifications.--In identifying 
     countries under subsection (a), the Trade Representative 
     shall identify only foreign countries that--
       ``(1) disrupt digital trade in a discriminatory or trade 
     distorting manner with the goal, or substantial effect, of 
     promoting censorship or extrajudicial data access;
       ``(2) deny fair and equitable market access to digital 
     service providers that are United States persons with the 
     goal, or substantial effect, of promoting censorship or 
     extrajudicial data access; or
       ``(3) engage in coerced censorship or extrajudicial data 
     access so as to harm the integrity of services or products 
     provided by United States persons in the market of that 
     country, the United States market, or other markets.
       ``(c) Designation of Priority Foreign Countries.--
       ``(1) In general.--The Trade Representative shall designate 
     as priority foreign countries the foreign countries 
     identified under subsection (a) that--
       ``(A) engage in the most onerous or egregious acts, 
     policies, or practices that have the greatest impact on the 
     United States; and
       ``(B) are not negotiating or otherwise making progress to 
     end those acts, policies, or practices.
       ``(2) Revocations and additional identifications.--
       ``(A) In general.--The Trade Representative may at any 
     time, if information available to the Trade Representative 
     indicates that such action is appropriate--
       ``(i) revoke the identification of any foreign country as a 
     priority foreign country under paragraph (1); or
       ``(ii) identify any foreign country as a priority foreign 
     country under that paragraph.
       ``(B) Report on reasons for revocation.--The Trade 
     Representative shall include in the semiannual report 
     submitted to Congress under section 309(3) a detailed 
     explanation of the reasons for the revocation under 
     subparagraph (A) of the identification of any foreign country 
     as a priority foreign country under paragraph (1) during the 
     period covered by the report.
       ``(d) Referral to Attorney General or Investigation.--If 
     the Trade Representative identifies an instance in which a 
     foreign country designated as a priority foreign country 
     under subsection (c) has successfully pressured an online 
     service provider to inhibit free speech in the United States, 
     the Trade Representative shall--
       ``(1) submit to Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     report detailing the precise circumstances of the instance, 
     including the actions taken by the foreign country and the 
     online service provider;
       ``(2) if the online service provider is under the 
     jurisdiction of the United States, refer the instance to the 
     Attorney General; and
       ``(3) if appropriate, initiate an investigation under 
     section 302 and impose a remedy under section 301(c).
       ``(e) Publication.--The Trade Representative shall publish 
     in the Federal Register a list of foreign countries 
     identified under subsection (a) and foreign countries 
     designated as priority foreign countries under subsection (c) 
     and shall make such revisions to the list as may be required 
     by reason of action under subsection (c)(2).
       ``(f) Annual Report.--Not later than 30 days after the date 
     on which the Trade Representative submits the National Trade 
     Estimate under section 181(b), the Trade Representative shall 
     submit to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     report on actions taken under this section during the one-
     year period preceding that report, and the reasons for those 
     actions, including--
       ``(1) a list of any foreign countries identified under 
     subsection (a); and
       ``(2) a description of progress made in decreasing 
     disruptions to digital trade.''.
       (b) Investigations Under Title III of the Trade Act of 
     1974.--Section 302(b)(2) of the

[[Page S3440]]

     Trade Act of 1974 (19 U.S.C. 2412(b)(2)) is amended--
       (1) in subparagraph (A), in the matter preceding clause 
     (i), by inserting ``or designated as a priority foreign 
     country under section 183(c)'' after ``section 182(a)(2)''; 
     and
       (2) in subparagraph (D), by striking ``by reason of 
     subparagraph (A)'' and inserting ``with respect to a country 
     identified under section 182(a)(2)''.
       (c) Clerical Amendment.--The table of contents for the 
     Trade Act of 1974 is amended by inserting after the item 
     relating to section 182 the following:

``Sec. 183. Identification of countries that disrupt digital trade.''.
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