S.Amdt. 1992

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.''.
______