S.Amdt. 1993

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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