Sec. 415. Identification of and accountability with respect to government-coerced censorship
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Chapter 8 of title I of the Trade Act of 1974 is amended by adding at the end the following: By not later than the date that is 30 days after the date on which the annual report is submitted to congressional committees 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— coerced censorship in their own markets or extraterritorially; and other eCommerce and digital practices with the goal, or substantial effect, of promoting censorship or extrajudicial data access that disadvantage United States persons.
In identifying countries under subsection (a), the Trade Representative shall identify only foreign countries that— disrupt digital trade in a discriminatory or trade distorting manner with the goal, or substantial effect, of promoting censorship or extrajudicial data access; deny fair and equitable market access to United States digital service providers with the goal, or substantial effect, of promoting censorship or extrajudicial data access; or engage in coerced censorship or extra-judicial 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.
The Trade Representative shall designate as priority foreign countries the foreign countries identified under subsection
(a)that— engage in the most onerous or egregious acts, policies, or practices, that have the greatest impact on the United States; and are not negotiating or otherwise making progress to end those acts, policies, or practices. The Trade Representative may at any time, if information available to the Trade Representative indicates that such action is appropriate— revoke the identification of any foreign country as a priority foreign country under paragraph (1); or identify any foreign country as a priority foreign country under that paragraph. 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). If the Trade Representative identifies an instance in which a foreign country designated as a priority foreign country under subsection
(c)has pressured online service providers to inhibit free speech in the United States, the Trade Representative shall— refer the instance to the Attorney General; or initiate an investigation under section 302 and, if appropriate, consider a remedy of barring such providers and similar entities of that foreign country from operating in the United States until the issue is resolved. 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). 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 Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including— a list of any foreign countries identified under subsection (a); and a description of progress made in decreasing disruptions to digital trade. . Section 302(b)(2) of the Trade Act of 1974 ( 19 U.S.C. 2412(b)(2) ) is amended— 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 in subparagraph (D), by striking by reason of subparagraph
(A)and inserting with respect to a country identified under section 182(a)(2) . 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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Sec. 415
Identification of and accountability with respect to government-coerced censorship
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