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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9385 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 9385
To prohibit entities integral to the national interests of the United
States from participating in any foreign sustainability due diligence
regulation, including the Corporate Sustainability Due Diligence
Directive of the European Union, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2026
Mr. Fitzgerald introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
the Judiciary, 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
_______________________________________________________________________
A BILL
To prohibit entities integral to the national interests of the United
States from participating in any foreign sustainability due diligence
regulation, including the Corporate Sustainability Due Diligence
Directive of the European Union, 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 ``Prevent Regulatory Overreach from
Turning Essential Companies into Targets Act of 2026'' or the ``PROTECT
USA Act of 2026''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The ability of citizens of the United States to engage
in international commerce is a fundamental concern of the
policy of the United States.
(2) Entities in the extractive and manufacturing sectors
contribute significantly to the prosperity of the United States
and the growth of the world economy.
(3) Maintaining and, in some cases, increasing access to
certain supplies and materials from the extractive sector,
including agriculture, energy, mining, and timber, and access
to materials from the manufacturing sector, are critically
important for promoting economic development and human progress
in the United States and around the world.
(4) Restrictions, particularly restrictions adopted
unilaterally by foreign countries that are substantially
different from restrictions applied by the United States, that
unreasonably hinder the ability of entities integral to the
national interests of the United States to pursue their
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.
(5) Maintaining a robust United States energy supply is
essential to the continued growth of the physical
infrastructure supporting domestic advanced technologies,
including data centers and computing hubs, and that foreign
sustainability regimes with extraterritorial scope pose
significant risks to United States competitiveness and
innovation.
SEC. 3. DEFINITIONS.
In this Act:
(1) Entity integral to the national interests of the united
states.--The term ``entity integral to the national interests
of the United States'' means any partnership, corporation,
limited liability company, or other business entity--
(A) that--
(i) is organized under the laws of any
State or territory within the United States, or
of the District of Columbia; and
(ii) conducts substantial business
operations within the United States; or
(B) that the President otherwise identifies as
integral to the national interests of the United
States.
(2) Foreign sustainability due diligence regulation.--
(A) In general.--Except as provided in subparagraph
(B), the term ``foreign sustainability due diligence
regulation'' means any law, regulation, or other legal
instrument adopted by a foreign government that
requires any person to undertake--
(i) an assessment of the environmental or
social impacts of its operations or value
chain;
(ii) action to address any impacts
identified in the assessment described in
clause (i); and
(iii) reporting of the impacts and actions
described in clauses (i) and (ii).
(B) Exception.--The term ``foreign sustainability
due diligence regulation'' does not apply to any law,
regulation, or other legal instrument that is
substantively similar to a law, regulation, or other
legal instrument that has been adopted or approved by
an Act of Congress.
(C) Inclusion of corporate sustainability due
diligence directive.--The term ``foreign sustainability
due diligence regulation'' includes--
(i) the entirety of the Corporate
Sustainability Due Diligence Directive adopted
by the European Union;
(ii) any successor directive adopted by the
European Union or any member country of the
European Union; and
(iii) any precursor directive adopted by
any member country of the European Union.
SEC. 4. PROHIBITION ON COMPLIANCE WITH FOREIGN SUSTAINABILITY DUE
DILIGENCE REGULATIONS.
(a) In General.--Except as provided in subsection (b), no entity
integral to the national interests of the United States may comply with
any foreign sustainability due diligence regulation.
(b) Exception for Ordinary Business Activities.--Subsection (a)
does not prohibit an entity from undertaking actions that it may
lawfully take--
(1) to comply with a statute of the United States; or
(2) in the ordinary course of business, including in
response to an information request from a consumer or an
investor.
(c) Hardship Relief Process.--
(1) Petition for relief.--Any entity integral to the
national interests of the United States that believes it will
experience particular hardship in connection with the
prohibition described in subsection (a) may petition the
President for an exemption from such prohibition.
(2) Exemption approval.--
(A) In general.--Except as provided in subparagraph
(B), a petition from an entity submitted under
paragraph (1) shall be granted.
(B) Denial by president.--Notwithstanding
subparagraph (A), the President may deny a petition
from an entity submitted under paragraph (1) if, not
later than 30 days after the date on which the
President receives such petition, the President
provides to the entity a written statement that--
(i) denies the petition on the basis that
granting the petition would be contrary to the
national interests of the United States;
(ii) includes an explanation to support
such basis; and
(iii) describes any condition the entity
could meet such that the petition would be
granted.
(3) Factors to be considered.--In deciding under paragraph
(2)(B) whether to deny a petition from an entity submitted
under paragraph (1), the President shall consider the
following:
(A) The extent to which denying the petition would
result in the inability of the relevant entity to
participate in value chains associated with products
essential for domestic use in the United States.
(B) Possible adverse effects on the economy in any
locality or region of the United States, including
adverse effects on employment.
(C) The degree to which granting the petition would
impact, directly or indirectly, the United States.
(D) The extent to which denying the petition would
prevent the entity from divesting in a business formed
under the laws of a jurisdiction subject to a foreign
sustainability due diligence regulation.
SEC. 5. PROHIBITION AGAINST ADVERSE ACTION FOR COMPLIANCE WITH THIS
ACT.
(a) In General.--No person may take any adverse action towards an
entity integral to the national interests of the United States for
action or inaction related to a foreign sustainability due diligence
regulation.
(b) Judgments for Foreign Sustainability Due Diligence
Regulations.--No judgment by a foreign court brought against an entity
integral to the national interests of the United States in relation to
any foreign sustainability due diligence regulation shall be recognized
in the courts of the United States or of the States, unless otherwise
provided by an Act of Congress.
(c) Enforcement.--
(1) Actions by the president.--
(A) In general.--The President shall 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
related to a foreign sustainability due diligence
regulation.
(B) Determination of public interest.--In
determining under subparagraph (A) whether an action by
the President is in the public interest, the President
shall take into account the impact of the adverse
action described in that subparagraph on--
(i) consumers and businesses in the United
States;
(ii) the economic, energy, and
environmental security of the United States;
and
(iii) foreign relations of the United
States, including existing international
commitments.
(2) Penalties.--A person that violates subsection (a) or a
regulation issued pursuant to this Act shall be subject to a
civil penalty of not more than $1,000,000.
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