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H.R. 3665 · 118th Congress

Defending American Jobs and Investment Act

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Never voted on. It didn't reach a floor vote before the 118th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

This bill provides for the enforcement of remedies against foreign countries that have extraterritorial or discriminatory taxes.

What it does: CRS summary · Introduced in House · May 25, 2023

Defending American Jobs and Investment Act

This bill provides for the enforcement of remedies against foreign countries that have extraterritorial or discriminatory taxes.

Specifically, the bill requires the Department of the Treasury to periodically submit a report to Congress that lists each foreign country that has one or more extraterritorial or discriminatory taxes.

Treasury must commence enhanced bilateral engagement with each foreign country included in the report. This engagement must (1) express the concern of the United States with respect to the adverse trade and economic effects of tax policies that violate bilateral tax treaties and international tax norms, (2) urge the repeal of extraterritorial and discriminatory taxes that target U.S. persons, and (3) advise the foreign country of remedial actions (as outlined by this bill).

The bill increases income tax and withholding tax rates on certain foreign citizens, corporations, and partnerships of any foreign country listed in Treasury's report.

The bill provides the executive branch with additional tools to enforce against extraterritorial and discriminatory taxes. These tools include

  • authorizing the President to prohibit government contracting or procurement of goods or services from a foreign country listed in Treasury's report,
  • directing Treasury to consider these taxes in assessing whether to enter into or update a bilateral tax treaty with the foreign country, and
  • requiring the U.S. Trade Representative and the Department of Commerce to consider these taxes in assessing whether to enter into any free trade agreement or executive agreement with the foreign country.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Defending American Jobs and Investment Act

Latest action (May 25, 2023): Referred to the Committee on Ways and Means, and in addition to the Committee on Oversight and Accountability, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Policy area: Foreign Trade and International Finance · Origin: House · Introduced: May 25, 2023

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.