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S. 985IntroducedSenate · nowHousePresidentLawIn committee
Sec. 3 · S. 985

Definitions

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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; or (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. 3: Definitions · Public Law Tracker