United States-Republic of Korea Digital Trade Enforcement Act

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

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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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