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