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