119-hr4278

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4278 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4278

 To improve protections with respect to foreign regulation for certain 
 entities integral to the national interests of the United States, and 
 for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 July 2, 2025

Mr. Fitzgerald introduced the following bill; which was referred to the 
 Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To improve protections with respect to foreign regulation for certain 
 entities integral to the national interests of the United States, 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 ``Protect U.S. Companies from Foreign 
Regulatory Taxation Act''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) The ability of citizens of the United States to engage 
 in international commerce is a fundamental policy concern of 
 the United States.

    (2) Entities in the digital sector contribute significantly 
 to the prosperity of the United States and the growth of the 
 world economy.

    (3) The United States has a strategic advantage in the 
 responsible development and deployment of artificial 
 intelligence and other critical and emerging technologies.

    (4) Investments in digital infrastructure and innovation by 
 the United States are a critical extension of the influence and 
 leadership of the United States abroad.

    (5) Digital innovation in the United States drives economic 
 growth, streamlines government efficiency, and promotes job 
 creation.

    (6) The national security of the United States is 
 strengthened when United States technology is the backbone of 
 the digital services of the world.

    (7) United States leadership with respect to technology is 
 under threat due to the proliferation of foreign regulations 
 that target companies from the United States and seek to make 
 United States digital services less competitive.

    (8) Restrictions, particularly restrictions adopted 
 unilaterally by foreign countries, that are substantially 
 different from restrictions applied by the United States and 
 that unreasonably hinder the ability of entities integral to 
 the national interests of the United States to pursue 
 commercial activities can have serious adverse effects on 
 employment, economic stability, scientific progress, and 
 international trade, with the potential to impede domestic and 
 foreign policy goals.

    (9) The United States has an essential security interest in 
 protecting the safety of the citizens of the United States, 
 securing supply chains for strategically significant industries 
 and infrastructure, and ensuring that industrial sectors 
 related to national security are protected from the influence 
 and control of malign foreign entities.

SEC. 3. PROTECTIONS WITH RESPECT TO FOREIGN REGULATION.

    (a) Prohibition.--No judgment against an entity integral to the 
national interests of the United States by a court or agency of a 
foreign government with respect to a foreign digital market regulation 
may be recognized or enforced by any Federal or State court or agency 
unless otherwise provided for in an Act of Congress.

    (b) Actions by President.--

    (1) In general.--The President is authorized to take any 
 action the President determines is in the public interest to 
 protect an entity integral to the national interests of the 
 United States from an adverse action by a court or agency of a 
 foreign government with respect to a foreign digital market 
 regulation.

    (2) Determination of public interest.--In determining under 
 paragraph

    (1) whether an action is in the public interest, the 
 President shall consider the impact of the relevant adverse 
 action on--
        (A) consumers and businesses in the United States;
        (B) the economic and technological security of the 
 United States; and
            (C) the foreign relations of the United States, 
 including existing international commitments.

SEC. 4. DEFINITIONS.

 In this Act:

    (1) Core platform service.--The term ``core platform 
 service'' has the meaning given such term in article 2 of 
 chapter I of the Digital Markets Act.

    (2) Digital markets act.--The term ``Digital Markets Act'' 
 means--
        (A) regulation

    (EU) 2022/1925 of the European 
 Parliament and of the Council of 14 September 2022 on 
 contestable and fair markets in the digital sector and 
 amending Directives

    (EU) 2019/1937 and

    (EU) 2020/1828 
 (Digital Markets Act); and
        (B) any successor to such regulation.

    (3) End-user.--The term ``end-user'' has the meaning given 
 such term in 

section 301 of the Comprehensive Iran Sanctions, 
 Accountability, and Divestment Act of 2010 (22 U.S.C. 8541).

    (4) Entity integral to the national interests of the united 
 states.--The term ``entity integral to the national interests 
 of the United States'' means any entity--
        (A) that--
            (i) does business with the Federal 
 Government, including through Federal contract 
 awards or leases;
            (ii) is organized under the laws of a 
 State;
            (iii) provides a core platform service; and
            (iv) is required to comply with 
 requirements under a foreign digital market 
 regulation; or
        (B) that the President otherwise determines is 
 integral to the national interests of the United 
 States.

    (5) Foreign digital market regulation.--
        (A) In general.--The term ``foreign digital market 
 regulation'' means any law, regulation, or other legal 
 instrument adopted by a foreign government that 
 requires an entity to--
            (i) provide interoperability with respect 
 to any operating systems of such entity;
            (ii) disclose information protected under 
 the laws of the United States, including with 
 respect to intellectual property rights, 
 proprietary algorithms, or trade secret 
 protections;
            (iii) restrict the use of personal data 
 lawfully collected under the laws of the United 
 States, including if collected for the purpose 
 of providing online advertising services;
            (iv) provide sensitive data to third 
 parties, including ranking, query, click, and 
 view data related to free and paid searches 
 generated by end-users or any other customer 
 data;
            (v) promote rival entities by prohibiting 
 the entity from giving more favorable treatment 
 to the services and products of the entity as 
 compared to equivalent services and products 
 offered by rival entities;
            (vi) ensure that rival entities are 
 permitted to communicate with users, promote 
 offers, and conclude contracts through channels 
 other than channels controlled by the entity, 
 including in relation to users acquired via the 
 services of the entity;
            (vii) provide for data portability, limit 
 marketing, or limit competitive pricing 
 measures; or
            (viii) cease ordinary business operations 
 without a finding of fault or a demonstration 
 of immediate and irreparable harm by an 
 authorized adjudicatory body.
        (B) Exception.--The term ``foreign digital market 
 regulation'' does not apply to any law, regulation, or 
 other legal instrument that is substantively similar to 
 a law, regulation, or other legal instrument 
 established by an Act of Congress.
            (C) Inclusion.--The term ``foreign digital market 
 regulation'' includes the Digital Markets Act.

    (6) State.--The term ``State'' means each State of the 
 United States, the District of Columbia, and each territory or 
 possession of the United States.
 <all>