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

  SA 1993. 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. INVESTIGATION OF CENSORSHIP AND BARRIERS TO 
                   DIGITAL TRADE.

       (a) In General.--Subsection (b) of section 301 of the Trade 
     Act of 1974 (19 U.S.C. 2411) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) in the matter preceding subparagraph (A), as 
     redesignated by paragraph (1), by striking ``If the Trade 
     Representative'' and inserting ``(1) If the Trade 
     Representative'';
       (3) by adding at the end the following:
       ``(2) For purposes of paragraph (1), an act, policy, or 
     practice that is unreasonable includes any act, policy, or 
     practice, or any combination of acts, policies, or practices, 
     that denies fair and equitable market opportunities, 
     including through censorship or barriers to the provision of 
     domestic digital services, by the government of a foreign 
     country that--
       ``(A) precludes competition by conferring special benefits 
     on domestic entities or imposing discriminatory burdens on 
     foreign entities;
       ``(B) provides inconsistent or unfair market access to 
     United States persons;
       ``(C) requires censorship of content that originates in the 
     United States; or
       ``(D) requires extrajudicial data access that disadvantages 
     United States persons.''.
       (b) Authorized Action.--Subsection (c) of such section is 
     amended by adding at the end the following:
       ``(7) In the case of an act, policy, or practice described 
     in paragraph (2) of subsection (b) by the government of a 
     foreign country that is determined to be unreasonable under 
     paragraph (1) of that subsection, the Trade Representative 
     may direct the blocking of access from that country to data 
     from the United States to address the lack of reciprocal 
     market access or parallel data flows.''.
       (c) Conforming Amendment.--Section 304(a)(1)(A)(ii) of the 
     Trade Act of 1974 (19 U.S.C. 2414(a)(1)(A)(ii)) is amended by 
     striking ``(b)(1)'' and inserting ``(b)(1)(A)''.
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