H.R. 9385

PROTECT USA Act of 2026

Sponsor: Scott Fitzgerald · 0 cosponsors

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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.