I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘United States-Republic 

5 of Korea Digital Trade Enforcement Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) The United States and the Republic of 

9 Korea have a longstanding, strategically important 

10 economic and security partnership and are comVerDate Sep 11 2014 19:05 Oct 17, 2024 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9876.IH H9876

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1 mitted to furthering their leadership in the Indo-Pa2 cific region. 

3 (2) Nearly 30,000 United States soldiers, sail4 ors, airmen, guardians, and marines are stationed in 

5 South Korea as part of United States Forces Korea, 

6 a deterring force against North Korea and China 

7 and ensuring the security of all Koreans. 

8 (3) The economic relationship between the 

9 United States and South Korea is underpinned by 

10 the United States-Korea Free Trade Agreement, 

11 which promotes reciprocal trade ties between the 

12 countries. 

13 (4) South Korean companies have substantially 

14 increased investment into the United States due to 

15 the open investment climate maintained by the 

16 United States Government. However, the policies of 

17 the Government of South Korea often make it dif18 ficult for United States companies to invest and ex19 pand their business footprint in South Korea. 

20 (5) In 2023, the United States trade deficit 

21 with South Korea was $51,100,000,000, increasing 

22 by 16 percent from 2022, due in part to South Ko23 rea’s discriminatory economic policies. 

24 (6) South Korea is considering additional dis25 criminatory digital regulations that would unduly 


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1 burden United States businesses while benefitting 

2 Chinese technology companies. 

3 (7) The United States must ensure a fair and 

4 nondiscriminatory regulatory environment and strict5 ly enforce obligations to not establish discriminatory 

6 digital trade policies around the world. 

7 SEC. 3. STATEMENT OF POLICY. 

8 It is the policy of the United States that— 

9 (1) as the Chinese Communist Party seeks to 

10 extend its economic and military influence in the 

11 Indo-Pacific region, fair trade and economic policies 

12 in the Indo-Pacific are vitally important to United 

13 States leadership; 

14 (2) the United States Government should fully 

15 enforce the terms set forth in the United States16 Korea Free Trade Agreement (as such term is de17 fined in the United States-Korea Free Trade Agree18 ment Act; 19 U.S.C. 3805 note); and 

19 (3) the United States Government should also 

20 use enforcement tools such as the authorities pro21 vided by section 301 of the Trade Act of 1974 (19 

22 U.S.C. 2411; relating to actions by the United 

23 States Trade Representative) where necessary to en24 sure that foreign countries do not impose discrimiVerDate Sep 11 2014 19:05 Oct 17, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9876.IH H9876

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1 natory digital policies that disfavor United States 

2 companies. 

3 SEC. 4. DETERMINATION OF DISCRIMINATORY ECONOMIC 

4 ACTIONS AGAINST UNITED STATES PRIVATE 

5 ENTITIES. 

6 Not later than 30 days after the enactment of any 

7 law or promulgation of any regulation by a government 

8 entity of the Republic of Korea that predesignates or post9 estimates a United States online or digital platform oper10 ator and imposes discriminatory business restrictions, the 

11 United States Trade Representative shall submit a report 

12 to Congress that, includes— 

13 (1) a determination whether a United States 

14 private entity was negatively impacted by an action 

15 of any government entity of South Korea that pre16 designates or post-estimates a United States online 

17 or digital platform operator and imposes business re18 strictions; 

19 (2) a determination whether South Korea, by 

20 adopting the law or regulation that is the subject of 

21 the report, violates any obligations or denies any 

22 rights under bilateral or multilateral trade agree23 ments with respect to the United States; and 

24 (3) a determination whether the law or regula25 tion that is the subject of the report is either— 


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1 (A) an unjustifiable action that burdens or 

2 restricts United States commerce, as such term 

3 is defined for purposes of section 301(a) of the 

4 Trade Act of 1974 (19 U.S.C. 2411(a)); or 

5 (B) an unreasonable or discriminatory ac6 tion that burdens or restricts United States 

7 commerce, as such term is defined for purposes 

8 of section 301(b) of such Act (19 U.S.C. 

9 2411(b)). 

10 SEC. 5. IMPOSITION OF TRADE RESTRICTIONS. 

11 Upon the submission of a report to Congress pursu12 ant to section 4 that includes an affirmative determination 

13 described in any of paragraphs (1) through (3) of that 

14 section, the United States Trade Representative shall un15 dertake measures to protect United States commerce 

16 abroad that may include the following: 

17 (1) A dispute initiated under the terms of the 

18 World Trade Organization’s Dispute Settlement Un19 derstanding. 

20 (2) An investigation under the authorities of 

21 section 301 of the Trade Act of 1974 (19 U.S.C. 

22 2411). 

23 (3) A dispute under the provisions of the 

24 United States-Korea Free Trade Agreement. 


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1 (4) Entering into an agreement with South 

2 Korea to mitigate all impacts of the law or regula3 tion with respect to which the report was submitted 

4 on United States private entities. 

Æ 


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