H.R. 3193

[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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