Prohibition against adverse action for compliance with this Act
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(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) Private right of action (A) In general Any entity integral to the national interests of the United States aggrieved by a violation of subsection (a) may bring a civil action against the person that violated 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 equitable or declaratory relief; (ii) punitive damages not to exceed the maximum penalty described in paragraph (3)(A); (iii) reasonable attorney fees and litigation 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. (3) Penalties A person that violates subsection (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 President, 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.