PROTECT USA Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9385 Introduced in House (IH)]

<DOC>

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.
                                 <all>