,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ehcj ,,in ,,the ,,house ,,of ,,representatives ,february #aj1 #bjbj,ms4 ,clarke of ,new ,york 7for herself1 ,mr4 ,malinowski1 ,mr4 ,sherman1 ,mr4 ,gallager1 and ,mr4 ,banks7 introduced the following bill2 which was referred to the ,committee on ,education and ,labor1 and in addition to the ,committee on ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to protect ,american workers and enterprises from ,chinese and other foreign efforts to extraterritorially censor free speech and inhibit lawful advocacy1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,preventing ,foreign ,,censorship in ,america ,act or the ,preventing the ,foreign ,coercive ,export of ,non-consensual ,speech and ,orwellian ,restrictions by ,superpowers ,hoping to ,intimidate ,people in ,america ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,foreign governments have increasingly sought to extraterritorially intimidate ,american and non-,american companies into policing media content and the free speech rights of staff1 employees1 and other associated persons4 7#b7 ,because the extraterritorial advocacy for human rights abroad is a core tenet of ,american foreign policy and central to ,american national security1 the growing extraterritorial suppression of speech of persons and companies represents a long-term threat to ,american interests4 7#c7 ,self-censorship by ,american companies and other nongovernmental entities in accordance with the stated or unstated wishes of foreign geopolitical rivals will only encourage more of the same4 7#d7 ,while ,china's economic weight affords it unique leverage to seek to compel corporate self-censorship or retaliation against staff expressing contrary views1 including the manager of a basketball team expressing support for human rights1 other countries such as ,north ,korea have also sought to stifle free speech through malign measures1 including conducting cyberattacks against a motion picture studio that distributed comedic content regarding its leadership4 7#e7 ,the ,united ,states ,congress not only defends1 but encourages1 ,american persons and persons within the ,united ,states to be outspoken defenders of the rights of those around the world standing up against repression and persecution4 #c4 ,protecting free speech of ,american workers from foreign censorship 7a7 ,prohibition on retaliation 7#a7 ,in general ,except as provided in paragraph 7#c71 a domestic entity may not discharge1 suspend1 cease contracting with1 or fail to pursue future contracts with1 any existing employee or contractor1 or take any other adverse action against any such employee or contractor with respect to his or her compensation1 terms1 conditions1 or privileges of employment or contract1 on the basis of protected activity1 in the case that such an adverse action was undertaken-- 7,a7 because a designated foreign government or entity explicitly or implicitly requests that the domestic entity take such an adverse action1 or the domestic entity presumes that a designated foreign authority would prefer such an adverse action2 7,b7 because the protected activity resulted in1 or has the potential to result in-- 7i7 financial1 reputational1 or other damage to the domestic entity's profitability or organizational prospects in a country governed by a designated foreign authority with which the protected activity relates2 or 7ii7 economic retaliation by such country2 or 7,c7 in response to a protected activity which constitutes protected inaction4 7#b7 ,good faith claims ,a domestic entity may not discharge1 suspend1 cease contracting with1 or fail to pursue future contracts with1 any existing employee or contractor1 or take any other adverse action against any such employee or contractor with respect to his or her compensation1 terms1 conditions1 or privileges of employment or contract1 on the basis of such employee or contractor's actual or contemplated assertion of any protection under this ,act1 provided such protection was asserted in good faith4 7#c7 ,exceptions ,the prohibition under paragraph 7#a7 does not apply if-- 7,a7 the protected activity of the employee or contractor was conducted in such employee or contractor's official employment or contractual capacity2 7,b7 a reasonable person1 considering the context or content of the protected activity1 would believe such activity was conducted in such employee or contractor's official employment or contractual capacity1 and such activity1 if conducted in an official capacity1 would have been contrary to an official policy or the financial or organizational interests of the domestic entity2 or 7,c7 the protected activity occurred-- 7i7 in the territory of a country governed by a designated foreign authority which seeks to restrict such activity2 and 7ii7 during an overseas trip or assignment such employee or contractor undertook on behalf of the domestic entity4 7#d7 ,rule of construction on social media ,for the purpose of determining whether protected activity was conducted in an employee or contractor's official capacity1 protected activity on a social media account or other analogous medium of communication which is used both in an official and unofficial capacity1 shall be presumed to be used in an unofficial capacity1 absent clear and convincing evidence to the contrary4 7b7 ,prohibition on contractual limitations ,a domestic entity may not require1 as a condition of employment1 contract1 or any compensation1 benefit1 or privilege related to such employment or contract1 a prospective1 existing1 or former employee or contractor to-- 7#a7 limit a protected activity conducted in an unofficial capacity1 provided such protected activity would reasonably be expected to trigger the prohibition on retaliation described in subsection 7a72 or 7#b7 waive or abridge any right or cause of action under this ,act1 including requiring an employee or contractor to pursue any claims under this ,act in a nonpublic or otherwise confidential manner4 7c7 ,nonpreemption ,nothing in this section shall preempt any ,federal or ,state law 7including any local law or ordinance71 contract1 agreement1 policy1 plan1 or practice that establishes a right or benefit that is more beneficial to1 or is in addition to1 a right or benefit provided to employees or contractors under this ,act4 #d4 ,enforcement 7a7 ,private right of action 7#a7 ,in general ,a person who is injured by an actual or threatened violation of section #c may bring an action for injunctive relief and monetary damages1 including compensatory and punitive damages4 7#b7 ,costs ,the court shall award a prevailing plaintiff costs and fees1 including reasonable attorney's fees and expert witness fees4 7#c7 ,limitation on monetary damages ,an employee or contractor bringing an action under this subsection to recover monetary damages pursuant to a profit-sharing1 revenue-sharing1 or analogous arrangement with a domestic entity may not recover the portion of the proceeds of such arrangement which would likely have been derived from activities or sales within the country governed by the designated foreign authority with which such employee or contractor's protected activity relates4 7#d7 ,statute of limitations 7,a7 ,in general ,no action may be commenced pursuant to this subsection more than the later of-- 7i7 #e years after the date on which the violation occurs2 or 7ii7 #c years after the date on which the violation is discovered or should have been discovered through exercise of reasonable diligence4 7,b7 ,tolling ,if an employee or contractor1 or immediate family member thereof1 of a domestic entity is detained or otherwise subject to coercion by a designated foreign authority prior to the expiration of the statute of limitations1 such statute of limitation may be tolled at the discretion of the court1 until the date that is one year after such detention or coercion concluded4 7#e7 ,summary judgment ,in an action under this subsection1 a court may not grant a motion for summary judgment made by a domestic entity solely based on a document or other evidence produced solely by the domestic entity that describes the entity's alleged reason for taking adverse action against an employee or contractor4 7#f7 ,rule of construction ,the private right of action under this subsection is in addition to any other right or remedy under ,federal or ,state law4 7b7 ,federal and ,state enforcement 7#a7 ,federal enforcement 7,a7 ,judicial enforcement ,the ,secretary of ,labor or the ,equal ,employment ,opportunity ,commission may petition any appropriate district court of the ,united ,states for temporary or permanent injunctive relief if the ,secretary or ,commission determines that subsection 7a7 or 7b7 of section #c of this ,act has been violated4 7,b7 ,civil penalty 7i7 ,in general ,any domestic entity who commits a violation of this ,act may be assessed a civil money penalty by either the ,secretary of ,labor or the ,equal ,employment ,opportunity ,commission1 but not both1 of not more than the greater of-- 7,i7 #ajj1jjj for each violation constituting other adverse action against any employee or contractor with respect to his or her compensation1 terms1 conditions1 or privileges of employment or contract2 7,,ii7 #bej1jjj for each violation involving the discharge1 suspension1 cessation of contract with1 or failure to pursue future contracts with any employee or contractor2 or 7,,iii7 #a1jjj1jjj for each willful violation involving the discharge or termination of a ,united ,states person who is an employee or contractor1 undertaken-- 7aa7 at the explicit direction of a political1 diplomatic1 or intelligence official or element of a designated foreign authority2 7bb7 with actual knowledge of the prohibitions under this ,act2 and 7cc7 in connection with peaceful protected activity which could be reasonably understood to align with the foreign policy or national security interests of the ,united ,states4 7ii7 ,factors to consider ,in determining the amount of any penalty to be assessed1 the ,secretary or ,commission shall take into account-- 7,i7 the previous record of the domestic entity in terms of compliance with this ,act1 or any other ,federal1 ,state1 or local statutes or regulations which seek to combat foreign influence over domestic activities2 7,,ii7 whether the violation was willful2 7,,iii7 the gravity of the violation2 7,,iv7 the size of the domestic entity1 and any secondary implications of a large penalty on its workforce2 and 7,v7 the nature of the protected activity1 including the diplomatic relationship between the ,united ,states and the country governed by a designated foreign authority with which the protected activity relates4 7iii7 ,hearing1 appeal1 and additional matters 7,i7 ,agency or commission hearing ,the domestic entity assessed shall be afforded an opportunity for agency or commission hearing1 upon request made within thirty days after the date of issuance of the notice of assessment4 ,if a hearing is requested1 the initial decision shall be made by an administrative law judge1 and such decision shall become the final order unless the ,secretary or ,commission modifies or vacates the decision4 ,notice of intent to modify or vacate the decision of the administrative law judge shall be issued to the parties within thirty days after the decision of the administrative law judge4 7,,ii7 ,appeal ,any domestic entity against whom an order imposing a civil money penalty has been entered after a hearing under this section may obtain review by the ,united ,states district court for any district in which it is located or the ,united ,states district court for the ,district of ,columbia by filing a notice of appeal in such court within #cj days from the date of such order1 and simultaneously sending a copy of such notice by registered mail to the ,secretary or ,commission4 ,the ,secretary or ,commission shall promptly certify and file in such court the record upon which the penalty was imposed4 ,if any domestic entity fails to pay an assessment after it has become a final and unappealable order1 or after the court has entered final judgment in favor of the agency or commission1 the ,secretary or ,commission shall refer the matter to the ,attorney ,general1 who shall recover the amount assessed by action in the appropriate ,united ,states district court4 7,,iii7 ,payment of penalty ,all penalties collected under authority of this section shall be paid into the ,treasury of the ,united ,states4 7#b7 ,federal enforcement accountability ,on an annual basis1 the ,president shall make publicly available a report1 which may contain a classified annex1 containing a list of all ,federal enforcement actions undertaken pursuant to this ,act in the prior year by-- 7,a7 the ,department of ,labor2 7,b7 the ,equal ,employment ,opportunity ,commission2 and 7,c7 such other bodies which the ,president determines appropriate for enforcing the provisions of this ,act4 7#c7 ,state enforcement ,if the attorney general of a ,state has reason to believe that an interest of the residents of the ,state has been or is being threatened or adversely affected by a practice or action that violates section #c1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states to obtain appropriate relief4 7c7 ,venue ,an action under this section may be brought in-- 7#a7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7#b7 another court of competent jurisdiction4 #e4 ,definitions ,in this ,act3 7#a7 ,protected activity generally ,the term protected activity means protected action1 protected inaction1 or enhanced ,china-related protected activity1 except that such term does not include any activity that-- 7,a7 7i7 in the case of an activity that takes place in the ,united ,states1 violates a ,federal law or regulation 7or advocates for any such activity which constitutes a ,federal felony offense72 7ii7 in the case of an activity that takes place outside of the ,united ,states1 would violate such a ,federal law or regulation had the activity been conducted in the ,united ,states 7or advocates for any such activity that constitutes a ,federal felony offense72 or 7iii7 in the case of an activity that takes place in a ,state1 territory1 or unit of local government and involves an act that constitutes a felony offense1 violates a ,state law1 territorial law1 or local ordinance that prohibits such an act or advocates for such activity2 7,b7 undermines or inherently conflicts with an outcome or objective that such employee or contractor ordinarily aims to achieve in their official employment or contractual capacity1 and achieving such an outcome or objective is a reasonably central component of such employee or contractor's typical responsibilities2 7,c7 is undertaken by an employee or contractor who routinely conducts work on behalf of a domestic entity whose principal and overriding purpose is advocating for or otherwise furthering outcomes or objectives of a designated foreign government or entity 7including a domestic entity registered under the ,foreign ,agents ,registration ,act of #aich71 which are fundamentally opposed to a principal desired outcome or objective of the activity2 7,d7 is undertaken with the intent to1 or the reasonably foreseeable effect of1 denigrating a person or class of persons on the basis of any protected characteristic which is subject to any employment protections enforceable by the ,equal ,employment ,opportunity ,commission or an analogous state or territorial agency of any state or territory in the ,united ,states2 or 7,e7 the average person applying contemporary community standards of the ,united ,states would determine to be1 taken as a whole1 patently obscene and lacking in serious political1 literary1 artistic1 or scientific value4 7#b7 ,protected action ,the term protected action means-- 7,a7 any speech1 conduct1 or other advocacy related to a designated foreign government or entity's actual1 historic1 or potential current or future gross violation of internationally recognized human rights 7as such term is defined in section #ejb;,b7d7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7;d7771 or such government or entity's facilitation or support of1 or activities related to1 such a violation2 7,b7 any speech1 conduct1 or other advocacy related to political1 social1 or similarly sensitive matters1 provided such matters generally relate to conditions or practices within a country governed by a designated foreign authority1 or domestic or international policies of a designated foreign government or entity1 on which such designated foreign authority censors or imposes official or unofficial publishing or advocacy restrictions 7including but not limited to religious activities1 cultural activities1 territorial claims1 sovereignty status1 political leaders1 internal party dynamics1 alleged abuses of power1 and corruption71 if such censorship or restriction would be unconstitutional or otherwise unlawful if implemented in the ,united ,states by the ,united ,states ,government2 7,c7 any speech1 conduct1 or other advocacy related to the international activities of a designated foreign authority1 or any designated foreign authority-affiliated entity or designated agent of influence acting on its behalf1 which may result in imprisonment or other official or unofficial sanction if undertaken in such country 7including but not limited to licit or illicit transfers of technology1 overt1 covert1 or clandestine action1 or overseas influence or disinformation campaigns72 7,d7 any speech1 conduct1 or other advocacy contesting1 purposefully or incidentally1 a preferred governmental narrative of a designated foreign authority with respect to historical or current events 7including but not limited to the creation or use of maps or other geographic identifiers which depict disputed territories or describe disputed territorial classifications72 7,e7 any speech1 conduct1 or other advocacy regarding senior officials of a designated foreign authority on the basis of decisions or actions undertaken in such official's official or personal capacity2 or 7,f7 the provision by an employee or contractor of financial or in-kind support1 using exclusively resources other than resources of an employing or contracting domestic entity which has not provided consent for such use1 to any person engaging in an activity which would constitute protected activity if the employee or contractor personally engaged in such activity4 7#c7 ,protected inaction ,the term protected inaction means refraining from or refusing to undertake activity1 including nonexcepted activity conducted in an employee or contractor's official capacity1 on the basis of sincerely held philosophical1 ethical1 or patriotic objections1 that-- 7,a7 counters or otherwise inhibits protected action or enhanced ,china-related protected activity1 even if such activity occurs abroad2 7,b7 facilitates or supports a human rights violation of a designated foreign government or entity2 or 7,c7 facilitates or supports an overseas propaganda or disinformation effort of a designated foreign authority or designated agent of influence1 provided that the activity which the employee or contractor refrained from or refused to undertake has the direct and foreseeable impact of meaningfully1 or the intent of reasonably directly1 contributing to a matter described in subparagraph 7,a71 7,b71 or 7,c74 7#d7 ,enhanced ,china-related protected activity ,the term enhanced ,china-related protected activity means any speech1 conduct1 or other advocacy1 which is not protected action or protected inaction1 and which relates to-- 7,a7 actions of the government or ruling party of the ,people's ,republic of ,china1 or any special administrative region or equivalent region1 to restrict1 limit1 or otherwise inhibit freedom of speech or assembly1 freedom of religion1 or other fundamental human rights or freedoms1 including through arbitrary detention1 pervasive surveillance1 or censorship2 7,b7 any aspect of a public policy debate within the ,united ,states which can reasonably be understood to predominantly pertain to ,china1 or the relationship between the ,united ,states and any country or countries in the ,indo-,pacific region1 with respect to which the government or ruling party of the ,people's ,republic of ,china has lobbied or otherwise sought to encourage or discourage elected or appointed officials of the ,united ,states from pursuing or implementing a particular policy2 or 7,c7 revealing or otherwise discussing malign international activities 7including cyberattacks1 unfair trade practices1 intellectual property violations1 influence or disinformation campaigns1 illicit data collection efforts1 and global surveillance or censorship efforts7 of the government1 ruling party1 or any affiliated commercial enterprise of the ,people's ,republic of ,china4 7#e7 ,country of concern ,the term country of concern means-- 7,a7 ,china1 including any special administrative regions or equivalent regions1 but excluding1 ,taiwan for so long as such remains governed in a distinct and separate manner2 or 7,b7 any other country1 provided such country is not a member of the ,north ,atlantic ,treaty ,organization 7,,nato71 a major non-,,nato ally designated under section #eag of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcbak71 a strategic partner of the ,united ,states1 or a member1 as of the date of enactment of this ,act1 of the ,organisation for ,economic ,co-operation and ,development1 which the ,president publicly certifies to ,congress on an annual basis-- 7i7 seeks1 or consistently sought within the prior #aj years1 to restrict protected activities of employees or contractors or otherwise meaningfully inhibit or alter the domestic speech of domestic entities on topics subject to the protections of this ,act2 7ii7 poses a legitimate risk of undermining official ,united ,states foreign policy objectives1 furthering gross violations of international recognized human rights 7as such term is defined in section #ejb;,b7d7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcjd7;d771 or interfering with the open debate and discussion of topics related to such country1 by virtue of the actual or attempted actions described in clause 7i72 and 7iii7 is-- 7,i7 designated as a country of particular concern for religious freedom pursuant to section #djb7;b77#a7 of the ,international ,religious ,freedom ,act of #aiih 7#bb ,u4,s4,c4 #fddb7;b77#a772 7,,ii7 a country sanctioned under the ,chemical and ,biological ,weapons ,control and ,warfare ,elimination ,act of #aiia 7#bb ,u4,s4,c4 #efja et seq471 or which was sanctioned under such ,act at any point of time prior to the date of enactment of this ,act2 or 7,,iii7 a country the government of which the ,secretary of ,state determines has repeatedly provided support for acts of international terrorism for purposes of section #aged7;c7 of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c771 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga71 or section #dj of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj74 7#f7 ,designated foreign governments and entities ,the term designated foreign government or entity means any designated foreign authority1 designated foreign authority-affiliated entity1 or designated agent of influence4 7#g7 ,designated foreign authority ,the term designated foreign authority means any government or governmental element1 or political party or party element exercising substantial control or influence over government functions or decision making1 or government or party official of a country of concern4 7#h7 ,designated foreign authority-affiliated entity ,the term designated foreign authority-affiliated entity means any state-owned1 private1 or otherwise non-governmental entity domiciled within1 based within1 or having its principal place of business or operations within a country of concern1 unless such entity is specifically exempted by order of the ,president or his or her designee4 ,such term shall include variable interest entities and international subsidiaries affiliated with such designated foreign authority-affiliated entities4 7#i7 ,designated agent of influence ,the term designated agent of influence means any domestic or international entity or person-- 7,a7 registered under the ,foreign ,agents ,registration ,act of #aich on behalf of a designated foreign authority or designated foreign authority-affiliated entity2 7,b7 the ,president determines and publicly certifies is otherwise acting as an overt1 covert1 or clandestine agent of a designated foreign authority2 or 7,c7 understood or reasonably suspected by the domestic entity undertaking an adverse action or seeking to impose a contractual limitation which is prohibited under this ,act to be an overt1 covert1 or clandestine agent of a designated foreign authority4 7#aj7 ,domestic entity 7,a7 ,in general ,for the purposes of the ,act1 the term domestic entity means-- 7i7 any entity1 without regard to the country where such entity is domiciled or incorporated1 that-- 7,i7 conducts business or organizational activities in the ,united ,states 7or outside of the ,united ,states at a facility that is officially or unofficially affiliated with the ,united ,states ,government72 or 7,,ii7 pays salary1 wages1 or other compensation for work performed in the ,united ,states or that has control over employment or contracting opportunities in the ,united ,states2 and 7ii7 the ,federal ,government4 7,b7 ,limited ,federal exclusion authority ,the ,president may1 upon #ij days prior notice to ,congress1 exclude a component of a ,federal agency or the ,armed ,forces1 or a corporate contractor thereof1 from the definition under this paragraph1 to the extent such exclusion is in the interests of ,united ,states foreign policy or national security4 7#aa7 ,employee ,the term employee means any person1 including supervisors1 employed in a covered context by a domestic entity4 7#ab7 ,contractor ,the term contractor means an individual who provides work in a covered context for a domestic entity under the terms of an independent contract with such domestic entity or an individual who uses a loan-out corporation or similar corporate structure to facilitate such work4 7#ac7 ,covered contexts ,the term covered context means employment or contractual activities which-- 7,a7 occur within the ,united ,states 7including any overseas ,federal facilities thereof71 regardless of the nationality1 citizenship1 domicile1 or place of incorporation of the employee1 contractor1 or domestic entity2 or 7,b7 are conducted by an employee or contractor of a domestic entity who typically performs work within the ,united ,states1 regardless of whether such employee or contractor handles matters of an international nature or is temporarily assigned to a foreign jurisdiction for a period of #f months or less 7except to the extent such activity relates to official overseas travel to a country of concern exempted from the prohibition on retaliation pursuant to section #c of this ,act74 #f4 ,annual reporting on censorship of free speech with respect to international abuses of human rights ,section #aaf7;d7 of the ,foreign ,assistance ,act 7#bb ,u4,s4,c4 #baean7d77 is amended-- 7#a7 in paragraph 7#aa77;,c71 by striking and at the end2 7#b7 in paragraph 7#ab77;,c77ii71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#ac7 wherever applicable1 each instance in which each country has attempted to extraterritorially intimidate or pressure a company or entity to censor or self-censor the speech of its employees1 contractors1 customers1 or associated staff with regards to the abuse of human rights in such country1 or sought retaliation against such employees or contractors for the same1 including any instance in which the government of ,china has sought to extraterritorially censor or punish speech that is otherwise legal in the ,united ,states on the topics of-- 7,a7 repression and violation of fundamental freedoms in ,hong ,kong2 7,b7 repression and persecution of religious and ethnic minorities in ,china1 including in the ,xinjiang ,uyghur ,autonomous ,region and the ,tibet ,autonomous ,region2 7,c7 efforts to proliferate and use surveillance technologies to surveil activists1 journalists1 opposition politicians1 or to profile persons of different ethnicities2 and 7,d7 other gross violations of human rights2 and 7#ad7 wherever applicable1 each instance in which a company or entity located in or based in a third country has censored or self-censored the speech of its employees1 contractors1 customers1 or associated staff on the topic of abuse of human rights in each country or sought to retaliate against such employees for the same1 due to intimidation or pressure from or the fear of intimidation by the foreign government4 4