I 
115TH CONGRESS 
1ST SESSION H. R. 2887 
To regulate certain State impositions on interstate commerce. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2017 
Mr. SENSENBRENNER (for himself, Mr. GOODLATTE, Mr. DESJARLAIS, Mr. 
MCCLINTOCK, Mr. GROTHMAN, Mr. MEADOWS, Mr. CONAWAY, and Mr. 
TROTT) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To regulate certain State impositions on interstate commerce. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Regulation Without 
Representation Act of 2017’’. 
SEC. 2. MINIMUM JURISDICTIONAL STANDARDS FOR STATE 
AND LOCAL TAXATION AND REGULATION OF 
ITEMS IN INTERSTATE COMMERCE. 
(a) IN GENERAL.—To the extent otherwise permis-
sible under Federal law, a State may tax or regulate a 
person’s activity in interstate commerce only when such 
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person is physically present in the State during the period 
in which the tax or regulation is imposed. 
(b) REQUIREMENTS FOR PHYSICAL PRESENCE.— 
(1) IN GENERAL.—For purposes of subsection 
(a), a person has a physical presence in a State only 
if such person’s business activities in the State in-
clude any of the following during the calendar 
year— 
(A) maintaining its commercial or legal 
domicile in the State; 
(B) owning, holding a leasehold interest in, 
or maintaining real property such as an office, 
retail store, warehouse, distribution center, 
manufacturing operation, or assembly facility in 
the State; 
(C) leasing or owning tangible personal 
property (other than computer software) of 
more than de minimis value in the State; 
(D) having one or more employees, agents, 
or independent contractors present in the State 
who provide on-site design, installation, or re-
pair services on behalf of the remote seller; 
(E) having one or more employees, exclu-
sive agents or exclusive independent contractors 
present in the State who engage in activities 
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that substantially assist the person to establish 
or maintain a market in the State; or 
(F) regularly employing in the State three 
or more employees for any purpose. 
(2) DE
MINIMIS
PHYSICAL
PRESENCE.—For 
purposes of this section, the term ‘‘physical pres-
ence’’ shall not include— 
(A) entering into an agreement under 
which a person, for a commission or other con-
sideration, directly or indirectly refers potential 
purchasers to a person outside the State, 
whether by an Internet-based link or platform, 
Internet Web site or otherwise; 
(B) any presence in a State, as described 
in section 2(b)(1), for less than 15 days in a 
taxable year (or a greater number of days if 
provided by State law); 
(C) product placement, setup, or other 
services offered in connection with delivery of 
products by an interstate or in-State carrier or 
other service provider; 
(D) Internet advertising services provided 
by in-State residents which are not exclusively 
directed towards, or do not solicit exclusively, 
in-State customers; 
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(E) ownership by a person outside the 
State of an interest in a limited liability com-
pany or similar entity organized or with a phys-
ical presence in the State; 
(F) the furnishing of information to cus-
tomers or affiliates in such State, or the cov-
erage of events or other gathering of informa-
tion in such State by such person, or his rep-
resentative, which information is used or dis-
seminated from a point outside the State; or 
(G) business activities directly relating to 
such person’s potential or actual purchase of 
goods or services within the State if the final 
decision to purchase is made outside the State. 
(c) PROTECTION OF NON-SELLERS.—A State may 
not impose or assess a sales, use, or similar tax on a per-
son or impose an obligation to collect or report any infor-
mation with respect thereto, unless such person is either 
a purchaser or a seller having a physical presence in the 
State. 
SEC. 3. DISPUTE RESOLUTION. 
The district courts of the United States shall have 
original jurisdiction over civil actions to enforce the provi-
sions of this Act, including authority to issue declaratory 
judgments pursuant to section 2201 of title 28, United 
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States Code, and, notwithstanding the provisions of sec-
tion 1341 of such title, injunctive relief, as necessary to 
carry out any provision of this Act. 
SEC. 4. DEFINITIONS AND EFFECTIVE DATE. 
(a) DEFINITIONS.—For purposes of this Act: 
(1) 
MARKETPLACE
PROVIDER.—The 
term 
‘‘marketplace provider’’ includes any person, other 
than a seller, who facilitates a sale. For purposes of 
this subsection, a person facilitates a sale when the 
person both— 
(A) lists or advertises products for sale in 
any forum, including a catalog or Internet Web 
site; and 
(B) either directly or indirectly through 
agreements or arrangements with third parties, 
collects gross receipts from the customer and 
transmits those receipts to the marketplace sell-
er, whether or not such person deducts any fees 
or other amounts from those receipts prior to 
transferring them to the marketplace seller. 
(2) MARKETPLACE SELLER.—The term ‘‘mar-
ketplace seller’’ means a person that has any sales 
facilitated by a marketplace provider. 
(3) PERSON.—The term ‘‘person’’ has the 
meaning given such term by section 1 of title 1, 
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United States Code. Each corporation that is a 
member of a group of affiliated corporations, wheth-
er unitary or not, is itself a separate person. 
(4) PRODUCT.—The term ‘‘product’’ includes 
any good or service, tangible or intangible. 
(5) REFERRER.—The term ‘‘referrer’’ shall 
mean every person who— 
(A) contracts or otherwise agrees with a 
seller to list multiple products for sale and the 
sales prices thereof in any forum, including a 
catalog or Internet Web site; 
(B) receives a fee, commission, or other 
consideration from a seller for the listing; 
(C) transfers, via telephone, Internet link, 
or otherwise, a customer to the seller or the 
seller’s Web site to complete a purchase; and 
(D) does not collect receipts from the cus-
tomer for the transaction. 
(6) REGULATE.—The term ‘‘regulate’’ means to 
impose a standard or requirement on the production, 
manufacture or post-sale disposal of any product 
sold or offered for sale in interstate commerce as a 
condition of sale in a State when— 
(A) such production or manufacture occurs 
in another State; 
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(B) such requirement is in addition to the 
requirements applicable to such production or 
manufacture pursuant to Federal law and the 
laws of the State and locality in which such 
production or manufacture occurs; 
(C) such imposition is not otherwise ex-
pressly permitted by Federal law; and 
(D) such requirement is enforced by a 
State’s executive branch or its agents or con-
tractors. 
(7) SELLER.—The term ‘‘seller’’ does not in-
clude— 
(A) any marketplace provider (except with 
respect to the sale through the marketplace of 
products owned by the marketplace provider); 
(B) any referrer; 
(C) any carrier, in which the seller does 
not have an ownership interest, providing trans-
portation or delivery services with respect to 
tangible personal property; and 
(D) any credit card issuer, transaction or 
billing processor, or other financial inter-
mediary. 
(8) SIMILAR
TAX.—The term ‘‘similar tax’’ 
means a tax that is imposed with respect to the sale 
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