119-hr4279

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4279 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4279

 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

 July 2, 2025

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 2025'' or the ``PROTECT 
USA Act of 2025''.

SEC. 2. FINDINGS.

 Congress makes the following findings:

    (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.

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 that--
        (A) does business with any part of the Federal 
 Government, including Federal contract awards or 
 leases;
        (B) is organized under the laws of any State or 
 territory within the United States, or of the District 
 of Columbia, or under any Act of Congress or a foreign 
 subsidiary of any such entity that--
            (i) derives not less than 25 percent of its 
 revenue from activities related to the 
 extraction or production of raw materials from 
 the earth, including--
            (I) cultivating biomass (whether or 
 not for human consumption);
            (II) exploring or producing fossil 
 fuels;
            (III) mining; and
            (IV) processing any material 
 derived from an activity described in 
 subclause
            (I) ,
            (II) , or
            (III) for human 
 use or benefit;
            (ii) has a primary North American Industry 
 Classification System code or foreign 
 equivalent associated with the manufacturing 
 sector;
            (iii) derives not less than 25 percent of 
 its revenue from activities related to the 
 mechanical, physical, or chemical 
 transformation of materials, substances, or 
 components into new products; and
            (iv) is engaged in--
            (I) the production of arms or other 
 products integral to the national 
 defense of the United States; or
            (II) the production, mining, or 
 processing of any critical mineral; or
            (C) the President otherwise identifies as integral 
 to the national interests of the United States.

    (2) Critical mineral.--The term ``critical mineral'' 
 includes--
        (A) any mineral identified as a critical mineral in 
 

section 7002

    (a) of the Energy Act of 2020 (30 U.S.C. 
 1606

    (a) ); or
        (B) any fuel mineral, including fossil fuels and 
 any fraction, distillate, or other by-product of a fuel 
 mineral.

    (3) 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.
            (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) Decision.--Not later than 30 days after the date on 
 which the President receives a petition from an entity 
 submitted under paragraph

    (1) , the President shall provide a 
 written decision to the entity that--
        (A) grants or denies the requested exemption;
        (B) contains a statement setting forth the basis 
 for the decision; and
            (C) in the case of a granted exemption, describes 
 any condition that the exemption is subject to, as 
 determined by the President.

    (3) Factors to be considered.--In making the decision 
 required by paragraph

    (2) , the President shall consider--
        (A) the extent to which the denial of a petition 
 submitted under paragraph

    (1) by an entity would result 
 in the inability of the 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; and
            (D) the extent to which denial of 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) Private right of action.--
        (A) In general.--Any entity integral to the 
 national interests of the United States aggrieved by a 
 violation of subsection

    (a) may bring a civil action 
 against the person that violated subsection

    (a) in an 
 appropriate district court of the United States.
        (B) Relief.--In a civil action brought under 
 subparagraph
        (A) in which the plaintiff prevails, the 
 court may award--
            (i) a writ of mandamus or other equitable 
 or declaratory relief;
            (ii) punitive damages not to exceed the 
 maximum penalty described in paragraph

    (3)
        (A) ;
            (iii) reasonable attorney fees and 
 litigation costs;
            (iv) compensatory damages, including any 
 amount paid by the entity pursuant to the 
 applicable foreign sustainability due diligence 
 regulation; and
            (v) all other appropriate relief.

    (3) Penalties.--A person that violates subsection

    (a) or a 
 regulation issued pursuant to this Act--
        (A) shall be subject to a civil penalty of not more 
 than $1,000,000; and
        (B) may, at the discretion of the President, for a 
 period of not longer than 3 years from the date on 
 which the person is found in violation, be deemed 
 ineligible to submit a bid for any Federal award or 
 contract.
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