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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9876 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9876

   To authorize the appropriate administrative authorities to impose 
  certain restrictions with respect to the Republic of Korea, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 27, 2024

 Mrs. Miller of West Virginia introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To authorize the appropriate administrative authorities to impose 
  certain restrictions with respect to the Republic of Korea, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States-Republic of Korea 
Digital Trade Enforcement Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) The United States and the Republic of Korea have a 
        longstanding, strategically important economic and security 
        partnership and are committed to furthering their leadership in 
        the Indo-Pacific region.
            (2) Nearly 30,000 United States soldiers, sailors, airmen, 
        guardians, and marines are stationed in South Korea as part of 
        United States Forces Korea, a deterring force against North 
        Korea and China and ensuring the security of all Koreans.
            (3) The economic relationship between the United States and 
        South Korea is underpinned by the United States-Korea Free 
        Trade Agreement, which promotes reciprocal trade ties between 
        the countries.
            (4) South Korean companies have substantially increased 
        investment into the United States due to the open investment 
        climate maintained by the United States Government. However, 
        the policies of the Government of South Korea often make it 
        difficult for United States companies to invest and expand 
        their business footprint in South Korea.
            (5) In 2023, the United States trade deficit with South 
        Korea was $51,100,000,000, increasing by 16 percent from 2022, 
        due in part to South Korea's discriminatory economic policies.
            (6) South Korea is considering additional discriminatory 
        digital regulations that would unduly burden United States 
        businesses while benefitting Chinese technology companies.
            (7) The United States must ensure a fair and 
        nondiscriminatory regulatory environment and strictly enforce 
        obligations to not establish discriminatory digital trade 
        policies around the world.

SEC. 3. STATEMENT OF POLICY.

    It is the policy of the United States that--
            (1) as the Chinese Communist Party seeks to extend its 
        economic and military influence in the Indo-Pacific region, 
        fair trade and economic policies in the Indo-Pacific are 
        vitally important to United States leadership;
            (2) the United States Government should fully enforce the 
        terms set forth in the United States-Korea Free Trade Agreement 
        (as such term is defined in the United States-Korea Free Trade 
        Agreement Act; 19 U.S.C. 3805 note); and
            (3) the United States Government should also use 
        enforcement tools such as the authorities provided by section 
        301 of the Trade Act of 1974 (19 U.S.C. 2411; relating to 
        actions by the United States Trade Representative) where 
        necessary to ensure that foreign countries do not impose 
        discriminatory digital policies that disfavor United States 
        companies.

SEC. 4. DETERMINATION OF DISCRIMINATORY ECONOMIC ACTIONS AGAINST UNITED 
              STATES PRIVATE ENTITIES.

    Not later than 30 days after the enactment of any law or 
promulgation of any regulation by a government entity of the Republic 
of Korea that predesignates or post-estimates a United States online or 
digital platform operator and imposes discriminatory business 
restrictions, the United States Trade Representative shall submit a 
report to Congress that, includes--
            (1) a determination whether a United States private entity 
        was negatively impacted by an action of any government entity 
        of South Korea that predesignates or post-estimates a United 
        States online or digital platform operator and imposes business 
        restrictions;
            (2) a determination whether South Korea, by adopting the 
        law or regulation that is the subject of the report, violates 
        any obligations or denies any rights under bilateral or 
        multilateral trade agreements with respect to the United 
        States; and
            (3) a determination whether the law or regulation that is 
        the subject of the report is either--
                    (A) an unjustifiable action that burdens or 
                restricts United States commerce, as such term is 
                defined for purposes of section 301(a) of the Trade Act 
                of 1974 (19 U.S.C. 2411(a)); or
                    (B) an unreasonable or discriminatory action that 
                burdens or restricts United States commerce, as such 
                term is defined for purposes of section 301(b) of such 
                Act (19 U.S.C. 2411(b)).

SEC. 5. IMPOSITION OF TRADE RESTRICTIONS.

    Upon the submission of a report to Congress pursuant to section 4 
that includes an affirmative determination described in any of 
paragraphs (1) through (3) of that section, the United States Trade 
Representative shall undertake measures to protect United States 
commerce abroad that may include the following:
            (1) A dispute initiated under the terms of the World Trade 
        Organization's Dispute Settlement Understanding.
            (2) An investigation under the authorities of section 301 
        of the Trade Act of 1974 (19 U.S.C. 2411).
            (3) A dispute under the provisions of the United States-
        Korea Free Trade Agreement.
            (4) Entering into an agreement with South Korea to mitigate 
        all impacts of the law or regulation with respect to which the 
        report was submitted on United States private entities.
                                 <all>
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