[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3983 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  2d Session
                                S. 3983

  To amend title 28, United States Code, to establish a procedure to 
  dismiss strategic lawsuits against public participation brought by 
    governments, agents, instrumentalities, and entities of foreign 
   adversaries and other countries that have engaged in a pattern of 
 frivolous litigation against United States persons intended to deter 
     the free exercise of rights under the First Amendment to the 
       Constitution of the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 4, 2026

  Mrs. Shaheen (for herself and Mr. Cassidy) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 28, United States Code, to establish a procedure to 
  dismiss strategic lawsuits against public participation brought by 
    governments, agents, instrumentalities, and entities of foreign 
   adversaries and other countries that have engaged in a pattern of 
 frivolous litigation against United States persons intended to deter 
     the free exercise of rights under the First Amendment to the 
       Constitution of the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End Foreign Abuse of United States 
Courts Act''.

SEC. 2. MEASURES TO END STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION 
              BROUGHT BY CERTAIN FOREIGN ACTORS.

    (a) In General.--Part VI of title 28, United States Code, is 
amended by inserting after chapter 181 the following:

 ``CHAPTER 182--PROCEDURE TO DISMISS STRATEGIC LAWSUITS AGAINST PUBLIC 
            PARTICIPATION BROUGHT BY CERTAIN FOREIGN ACTORS

``Sec.
``4201. Definitions.
``4202. Special motion to dismiss a strategic lawsuit against public 
                            participation brought by certain foreign 
                            actors.
``4203. Exceptions.
``4204. Interlocutory appeal.
``4205. Attorneys' fees and costs; punitive damages.
``4206. No limit on other remedies.
``4207. Removal and remand.
``Sec. 4201. Definitions
    ``In this chapter:
            ``(1) Claim.--The term `claim' means any civil action, 
        complaint, cause of action, counterclaim, or other court filing 
        seeking damages, declaratory relief, or equitable relief.
            ``(2) Covered claim.--The term `covered claim' means a 
        claim--
                    ``(A) brought by--
                            ``(i) the government of a covered country;
                            ``(ii) a foreign agent or foreign 
                        instrumentality of the government of a covered 
                        country; or
                            ``(iii) a covered foreign person; and
                    ``(B) that is based on, or in response to--
                            ``(i) a political opinion of a party; or
                            ``(ii) covered protected speech or 
                        political activity by a party.
            ``(3) Covered country.--The term `covered country' means--
                    ``(A) a country the government of which is listed 
                as a foreign adversary under section 791.4 of title 15, 
                Code of Federal Regulations, or any successor 
                regulation; or
                    ``(B) a country the government or citizens of which 
                have been determined by the Secretary of State to have 
                engaged in a pattern of frivolous litigation against 
                people in the United States that is intended to deter 
                the free exercise of rights under the First Amendment 
                to the Constitution of the United States.
            ``(4) Covered foreign person.--The term `covered foreign 
        person' means--
                    ``(A) an individual who--
                            ``(i) is a citizen of a covered country, 
                        which shall be determined in the same manner as 
                        citizenship is determined for purposes of 
                        section 1332; and
                            ``(ii) is not lawfully admitted for 
                        permanent residence, and domiciled, in the 
                        United States; or
                    ``(B) a corporation, partnership, association, 
                joint-stock company, limited liability company, 
                business trust, or similar entity that is substantially 
                owned by or subject to the control of 1 or more 
                individuals described in subparagraph (A).
            ``(5) Covered protected speech or political activity.--The 
        term `covered protected speech or political activity' means--
                    ``(A) a communication in a legislative, executive, 
                judicial, administrative, or other governmental 
                proceeding in the United States or a foreign country;
                    ``(B) a communication on an issue under 
                consideration or review, or recommending consideration 
                of an issue, in a legislative, executive, judicial, 
                administrative, or other governmental proceeding in the 
                United States or a foreign country;
                    ``(C) a complaint made to a law enforcement agency, 
                to a licensing board, or through a grievance mechanism 
                in the United States or a foreign country;
                    ``(D) a communication about a public official, 
                public figure, or other natural or legal person of the 
                United States or a foreign country whose act, omission, 
                fame, notoriety, or celebrity has become a public 
                issue; or
                    ``(E) the exercise of the right of freedom of 
                speech or of the press, the right to assemble or 
                petition, or the right of association guaranteed by the 
                Constitution of the United States on a matter of public 
                concern.
            ``(6) Foreign agent; foreign instrumentality.--The terms 
        `foreign agent' and `foreign instrumentality' have the meanings 
        given those terms in section 1839 of title 18.
            ``(7) Political opinion.--The term `political opinion'--
                    ``(A) means the manifestation or expression, either 
                overt or imputed, of political beliefs; and
                    ``(B) shall have the same meaning given the term 
                `political opinion' for purposes of section 101(a)(42) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(42)).
``Sec. 4202. Special motion to dismiss a strategic lawsuit against 
              public participation brought by certain foreign actors
    ``(a) Motion.--A court shall grant a special motion to dismiss and 
dismiss a claim with prejudice if--
            ``(1) the moving party presents evidence establishing that 
        the claim at issue is a covered claim;
            ``(2) the responding party fails to establish that an 
        exception under section 4203 applies; and
            ``(3) the responding party--
                    ``(A) fails to present evidence establishing a 
                prima facie case as to each essential element of the 
                claim under the standard of rule 56 of the Federal 
                Rules of Civil Procedure; or
                    ``(B) presents evidence establishing a prima facie 
                case as to each element of the claim, but the moving 
                party has established that there is no genuine issue of 
                material fact and the moving party is entitled to 
                judgment as a matter of law on the claim under the 
                standard of rule 56 of the Federal Rules of Civil 
                Procedure.
    ``(b) Notice Period.--Not later than 5 days before the filing of a 
special motion to dismiss a claim alleged to be a covered claim, the 
moving party shall provide written notice to the responding party of 
the intent of the moving party to file such a special motion to dismiss 
with respect to the claim.
    ``(c) Timing of Motion.--A special motion to dismiss pursuant to 
this chapter shall be filed not later than--
            ``(1) for a claim filed in Federal court, 60 days after the 
        date of service of the pleading that states the claim alleged 
        to be a covered claim; or
            ``(2) for a claim removed to Federal court that is alleged 
        to be a covered claim, 60 days after the date of removal.
    ``(d) Stay of Proceedings.--
            ``(1) In general.--Except as provided in paragraph (2), 
        upon the filing of a special motion to dismiss under this 
        chapter with respect to a claim, all other proceedings between 
        the moving party and responding party that are related to the 
        claim, including discovery proceedings and any pending hearing 
        or motions, shall be stayed until notice of entry of an order 
        disposing of the special motion to dismiss.
            ``(2) Exceptions.--
                    ``(A) Good cause.--Upon motion by either party, the 
                court may allow limited and specified discovery related 
                to a special motion to dismiss under this chapter, as 
                determined by the court, for good cause.
                    ``(B) Motion for remand.--Proceedings relating to a 
                motion to remand filed pursuant to section 1447 may 
                proceed pending consideration by the court of the 
                special motion to dismiss.
    ``(e) Expedited Ruling.--Not later than 90 days after the date on 
which a special motion to dismiss under this chapter is filed with 
respect to a claim, the court shall rule on the motion.
``Sec. 4203. Exceptions
    ``This chapter shall not apply to any claim that is brought--
            ``(1) against a person primarily engaged in the business of 
        selling or leasing commercial goods or services if the 
        communication on which the claim is based arises out of the 
        person's sale or lease of commercial goods or services;
            ``(2) by an official, agent, or entity of the United States 
        Government acting in an official capacity or under color of 
        law; or
            ``(3) for recovery for bodily injury, wrongful death, or 
        survival damages.
``Sec. 4204. Interlocutory appeal
    ``If a court denies a special motion to dismiss under this chapter 
with respect to a claim, the party that filed the special motion to 
dismiss may take an immediate interlocutory appeal from the order 
denying the special motion to dismiss.
``Sec. 4205. Attorneys' fees and costs; punitive damages
    ``(a) In General.--If the moving party prevails on a special motion 
to dismiss under this chapter, there shall be a rebuttable presumption 
that the moving party is entitled to an award of reasonable attorneys' 
fees and costs.
    ``(b) Punitive Damages.--If the moving party prevails on a special 
motion to dismiss under this chapter and the court determines that the 
claim was presented to harass, cause unnecessary delay, or needlessly 
increase the cost of litigation, the court may impose an award of 
punitive damages. Any award of punitive damages under this subsection 
shall be limited to what suffices to deter repetition of the conduct or 
comparable conduct by others similarly situated.
    ``(c) No Foreign-State Immunity.--A foreign state shall not be 
immune from fees, costs, or punitive damages imposed under this 
chapter.
``Sec. 4206. No limit on other remedies
    ``Nothing in this chapter shall be construed to reduce or limit any 
substantive claim, remedy, or defense to a claim based on, or in 
response to, covered protected speech or political activity by a party 
under any other Federal law or under the laws of any State or local 
government.
``Sec. 4207. Removal and remand
    ``(a) In General.--In addition to removal allowed under section 
1441, a defendant filing a colorable special motion to dismiss under 
section 4202 may remove the case to the district court of the United 
States for the district and division within which such action is 
pending, without regard to whether the party is a citizen of the State 
in which the action is brought or whether the defense under this 
chapter appears upon the face of the well-pleaded complaint, after 
filing a notice of removal signed pursuant to rule 11 of the Federal 
Rules of Civil Procedure.
    ``(b) Denial.--If an action is removed under this section and the 
district court to which the action is removed has denied in whole a 
special motion to dismiss under section 4202, the court shall remand 
the action to the State court from which the action had been 
removed.''.
    (b) Technical and Conforming Amendments.--
            (1) Section 1292(a) of title 28, United States Code, is 
        amended--
                    (A) in paragraph (1), by striking the semicolon at 
                the end and inserting a period;
                    (B) in paragraph (2), by striking the semicolon at 
                the end and inserting a period; and
                    (C) by adding at the end the following:
            ``(4) Interlocutory orders denying in whole or in part 
        special motions to dismiss under section 4202.''.
            (2) The table of chapters for title 28, United States Code, 
        is amended by inserting after the item relating to chapter 181 
        the following:

``182. Procedure to dismiss strategic lawsuits against          4201''.
                            public participation brought by 
                            certain foreign actors.

SEC. 3. EFFECTIVE DATE; APPLICABILITY.

    This Act and the amendments made by this Act shall--
            (1) take effect on the date of the enactment of this Act; 
        and
            (2) apply to any claim filed on or after the date of the 
        enactment of this Act regardless of whether the conduct at 
        issue occurred prior to the date of enactment of this Act.
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