,i #aaith ,,congress #b;d ,session ,h4 ,r4 #iche ,,in ,,the ,,house ,,of ,,representatives ,june #bb1 #bjbf,mr4 ,fitzgerald introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 regulation1 including the ,corporate ,sustainability ,due ,diligence ,directive of the ,european ,union1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,prevent ,regulatory ,overreach from ,turning ,essential ,companies into ,targets ,act of #bjbf or the ,,protect ,,usa ,act of #bjbf4 #b4 ,findings ,congress finds the following3 7#a7 ,the ability of citizens of the ,united ,states to engage in international commerce is a fundamental concern of the policy of the ,united ,states4 7#b7 ,entities in the extractive and manufacturing sectors contribute significantly to the prosperity of the ,united ,states and the growth of the world economy4 7#c7 ,maintaining and1 in some cases1 increasing access to certain supplies and materials from the extractive sector1 including agriculture1 energy1 mining1 and timber1 and access to materials from the manufacturing sector1 are critically important for promoting economic development and human progress in the ,united ,states and around the world4 7#d7 ,restrictions1 particularly restrictions adopted unilaterally by foreign countries that are substantially different from restrictions applied by the ,united ,states1 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 employment1 economic stability1 scientific progress1 and international trade1 with the potential to impede domestic and foreign policy goals4 7#e7 ,maintaining a robust ,united ,states energy supply is essential to the continued growth of the physical infrastructure supporting domestic advanced technologies1 including data centers and computing hubs1 and that foreign sustainability regimes with extraterritorial scope pose significant risks to ,united ,states competitiveness and innovation4 #c4 ,definitions ,in this ,act3 7#a7 ,entity integral to the national interests of the ,united ,states ,the term entity integral to the national interests of the ,united ,states means any partnership1 corporation1 limited liability company1 or other business entity-- 7,a7 that-- 7i7 is organized under the laws of any ,state or territory within the ,united ,states1 or of the ,district of ,columbia2 and 7ii7 conducts substantial business operations within the ,united ,states2 or 7,b7 that the ,president otherwise identifies as integral to the national interests of the ,united ,states4 7#b7 ,foreign sustainability due diligence regulation 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term foreign sustainability due diligence regulation means any law1 regulation1 or other legal instrument adopted by a foreign government that requires any person to undertake-- 7i7 an assessment of the environmental or social impacts of its operations or value chain2 7ii7 action to address any impacts identified in the assessment described in clause 7i72 and 7iii7 reporting of the impacts and actions described in clauses 7i7 and 7ii74 7,b7 ,exception ,the term foreign sustainability due diligence regulation does not apply to any law1 regulation1 or other legal instrument that is substantively similar to a law1 regulation1 or other legal instrument that has been adopted or approved by an ,act of ,congress4 7,c7 ,inclusion of ,corporate ,sustainability ,due ,diligence ,directive ,the term foreign sustainability due diligence regulation includes-- 7i7 the entirety of the ,corporate ,sustainability ,due ,diligence ,directive adopted by the ,european ,union2 7ii7 any successor directive adopted by the ,european ,union or any member country of the ,european ,union2 and 7iii7 any precursor directive adopted by any member country of the ,european ,union4 #d4 ,prohibition on compliance with foreign sustainability due diligence regulations 7a7 ,in general ,except as provided in subsection 7b71 no entity integral to the national interests of the ,united ,states may comply with any foreign sustainability due diligence regulation4 7b7 ,exception for ordinary business activities ,subsection 7a7 does not prohibit an entity from undertaking actions that it may lawfully take-- 7#a7 to comply with a statute of the ,united ,states2 or 7#b7 in the ordinary course of business1 including in response to an information request from a consumer or an investor4 7c7 ,hardship relief process 7#a7 ,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 7a7 may petition the ,president for an exemption from such prohibition4 7#b7 ,exemption approval 7,a7 ,in general ,except as provided in subparagraph 7,b71 a petition from an entity submitted under paragraph 7#a7 shall be granted4 7,b7 ,denial by ,president ,notwithstanding subparagraph 7,a71 the ,president may deny a petition from an entity submitted under paragraph 7#a7 if1 not later than #cj days after the date on which the ,president receives such petition1 the ,president provides to the entity a written statement that-- 7i7 denies the petition on the basis that granting the petition would be contrary to the national interests of the ,united ,states2 7ii7 includes an explanation to support such basis2 and 7iii7 describes any condition the entity could meet such that the petition would be granted4 7#c7 ,factors to be considered ,in deciding under paragraph 7#b77;,b7 whether to deny a petition from an entity submitted under paragraph 7#a71 the ,president shall consider the following3 7,a7 ,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 ,states4 7,b7 ,possible adverse effects on the economy in any locality or region of the ,united ,states1 including adverse effects on employment4 7,c7 ,the degree to which granting the petition would impact1 directly or indirectly1 the ,united ,states4 7,d7 ,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 regulation4 #e4 ,prohibition against adverse action for compliance with this ,act 7a7 ,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 regulation4 7b7 ,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 ,states1 unless otherwise provided by an ,act of ,congress4 7c7 ,enforcement 7#a7 ,actions by the ,president 7,a7 ,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 regulation4 7,b7 ,determination of public interest ,in determining under subparagraph 7,a7 whether an action by the ,president is in the public interest1 the ,president shall take into account the impact of the adverse action described in that subparagraph on-- 7i7 consumers and businesses in the ,united ,states2 7ii7 the economic1 energy1 and environmental security of the ,united ,states2 and 7iii7 foreign relations of the ,united ,states1 including existing international commitments4 7#b7 ,penalties ,a person that violates subsection 7a7 or a regulation issued pursuant to this ,act shall be subject to a civil penalty of not more than #a1jjj1jjj4