mitted to furthering their leadership in the Indo-Pa-
cific region. 
(2) Nearly 30,000 United States soldiers, sail-
ors, 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 dif-
ficult for United States companies to invest and ex-
pand 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 Ko-
rea’s discriminatory economic policies. 
(6) South Korea is considering additional dis-
criminatory digital regulations that would unduly 
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burden United States businesses while benefitting 
Chinese technology companies. 
(7) The United States must ensure a fair and 
nondiscriminatory regulatory environment and strict-
ly 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 de-
fined in the United States-Korea Free Trade Agree-
ment Act; 19 U.S.C. 3805 note); and 
(3) the United States Government should also 
use enforcement tools such as the authorities pro-
vided 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 en-
sure that foreign countries do not impose discrimi-
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natory 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 oper-
ator 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 pre-
designates or post-estimates a United States online 
or digital platform operator and imposes business re-
strictions; 
(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 agree-
ments with respect to the United States; and 
(3) a determination whether the law or regula-
tion that is the subject of the report is either— 
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(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 ac-
tion 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 pursu-
ant 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 un-
dertake 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 Un-
derstanding. 
(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. 
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(4) Entering into an agreement with South 
Korea to mitigate all impacts of the law or regula-
tion with respect to which the report was submitted 
on United States private entities. 
Æ 
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