H.R. 4278

[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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