119-hr3193

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3193 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3193

 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

 May 5, 2025

 Mrs. Miller of West Virginia (for herself, Mr. Miller of Ohio, Mr. 
 Yakym, and Mr. Vicente Gonzalez of Texas) 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) Targeted enforcement measures, including office raids 
 and threats of prosecution, risk provoking unnecessary friction 
 with the United States when both countries should be working to 
 strengthen this critically important economic and security 
 alliance.

    (8) 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);

    (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; and

    (4) 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 use targeted 
 enforcement measures, including office raids and threats of 
 prosecution that discriminate against or unfairly disadvantage 
 United States firms.

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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