I 
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 Com-
mittee 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 juris-
diction of the committee concerned 
A BILL 
To prohibit entities integral to the national interests of the 
United States from participating in any foreign sustain-
ability 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 Representa-
tives 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 Tar-
gets Act of 2025’’ or the ‘‘PROTECT USA Act of 2025’’. 
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SEC. 2. FINDINGS. 
Congress makes the following findings: 
(1) The ability of citizens of the United States 
to engage in international commerce is a funda-
mental concern of the policy of the United States. 
(2) Entities in the extractive and manufac-
turing sectors contribute significantly to the pros-
perity 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 ex-
tractive sector, including agriculture, energy, mining, 
and timber, and access to materials from the manu-
facturing sector, are critically important for pro-
moting economic development and human progress 
in the United States and around the world. 
(4) Restrictions, particularly restrictions adopt-
ed unilaterally by foreign countries that are substan-
tially 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, eco-
nomic stability, scientific progress, and international 
trade, with the potential to impede domestic and for-
eign policy goals. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) ENTITY INTEGRAL TO THE NATIONAL IN-
TERESTS OF THE UNITED STATES.—The term ‘‘enti-
ty 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 de-
rived from an activity described in 
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subclause (I), (II), or (III) for human 
use or benefit; 
(ii) has a primary North American In-
dustry Classification System code or for-
eign equivalent associated with the manu-
facturing sector; 
(iii) derives not less than 25 percent 
of its revenue from activities related to the 
mechanical, physical, or chemical trans-
formation of materials, substances, or com-
ponents 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 
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(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 sustain-
ability 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 environ-
mental 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 ac-
tions described in clauses (i) and (ii). 
(B) EXCEPTION.—The term ‘‘foreign sus-
tainability due diligence regulation’’ does not 
apply to any law, regulation, or other legal in-
strument that is substantively similar to a law, 
regulation, or other legal instrument that has 
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been adopted or approved by an Act of Con-
gress. 
(C) INCLUSION OF CORPORATE SUSTAIN-
ABILITY
DUE
DILIGENCE
DIRECTIVE.—The 
term ‘‘foreign sustainability due diligence regu-
lation’’ includes— 
(i) the entirety of the Corporate Sus-
tainability Due Diligence Directive adopted 
by the European Union; 
(ii) any successor directive adopted by 
the European Union or any member coun-
try 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 SUS-
TAINABILITY 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 ACTIVI-
TIES.—Subsection (a) does not prohibit an entity from un-
dertaking actions that it may lawfully take— 
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(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 inte-
gral to the national interests of the United States 
that believes it will experience particular hardship in 
connection with the prohibition described in sub-
section (a) may petition the President for an exemp-
tion 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 en-
tity that— 
(A) grants or denies the requested exemp-
tion; 
(B) contains a statement setting forth the 
basis for the decision; and 
(C) in the case of a granted exemption, de-
scribes any condition that the exemption is sub-
ject to, as determined by the President. 
(3) FACTORS TO BE CONSIDERED.—In making 
the decision required by paragraph (2), the Presi-
dent shall consider— 
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(A) the extent to which the denial of a pe-
tition submitted under paragraph (1) by an en-
tity would result in the inability of the entity to 
participate in value chains associated with prod-
ucts essential for domestic use in the United 
States; 
(B) possible adverse effects on the econ-
omy in any locality or region of the United 
States, including adverse effects on employ-
ment; 
(C) the degree to which granting the peti-
tion would impact, directly or indirectly, the 
United States; and 
(D) the extent to which denial of the peti-
tion would prevent the entity from divesting in 
a business formed under the laws of a jurisdic-
tion subject to a foreign sustainability due dili-
gence regulation. 
SEC. 5. PROHIBITION AGAINST ADVERSE ACTION FOR COM-
PLIANCE 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. 
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(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 sus-
tainability due diligence regulation. 
(B) DETERMINATION
OF
PUBLIC
INTER-
EST.—In determining under subparagraph (A) 
whether an action by the President is in the 
public interest, the President shall take into ac-
count the impact of the adverse action de-
scribed in that subparagraph on— 
(i) consumers and businesses in the 
United States; 
(ii) the economic, energy, and environ-
mental security of the United States; and 
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(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 ag-
grieved by a violation of subsection (a) may 
bring a civil action against the person that vio-
lated 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 equi-
table or declaratory relief; 
(ii) punitive damages not to exceed 
the maximum penalty described in para-
graph (3)(A); 
(iii) reasonable attorney fees and liti-
gation 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. 
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(3) PENALTIES.—A person that violates sub-
section (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 Presi-
dent, 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. 
Æ 
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