Sec. 71011. Censorship as a trade barrier
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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: 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— coerced censorship in their own markets or extraterritorially; and other eCommerce or digital practices with the goal, or substantial effect, of promoting censorship or extrajudicial data access that disadvantages 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 digital service providers that are United States persons with the goal, or substantial effect, of promoting censorship or extrajudicial data access; or 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.
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)during the period covered by the report. 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 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— a list of any foreign countries identified under subsection (a); and a description of progress made in decreasing disruptions to digital trade. . It is the sense of Congress that, in carrying out any revocations or identifications under section 183(c)(2)(A) of the Trade Act of 1974, as added by subsection (a), the United States Trade Representative may consider information contained in the findings from the investigation of the United States International Trade Commission entitled Foreign Censorship: Trade and Economic Effects on U.S. Businesses (Investigation No. 332–585). 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. 71011
Censorship as a trade barrier
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