,,ii #aaith ,,congress #ast ,session ,s4 #cegd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ah1 #bjbe,mr4 ,schmitt introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prohibit ,united ,states courts from recognizing1 enforcing1 or giving effect to any judgment1 order1 decree1 or provisional measure issued by a court of the ,people's ,republic of ,china in a proceeding motivated by retaliation for lawful acts1 including political speech4 #a4 ,short title ,this ,act may be cited as the ,ending ,chinese ,lawfare ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the judicial system of the ,people's ,republic of ,china is constitutionally subordinate to the ,chinese ,communist ,party1 which exercises ultimate authority over judicial outcomes4 7#b7 ,courts of the ,people's ,republic of ,china have been used as instruments of state policy1 including by retaliating against foreign officials1 governments1 businesses1 and individuals for protected political speech and lawful sovereign acts4 7#c7 ,the ,united ,states has a compelling interest in protecting the ,first ,amendment rights of its officials and citizens1 preserving national sovereignty1 and preventing foreign governments from weaponizing judicial processes to chill lawful conduct4 7#d7 ,recognition and enforcement of foreign judgments in the ,united ,states is a matter of comity1 not obligation1 and ,congress has authority to regulate or prohibit such recognition whenever it conflicts with the ,constitution1 laws1 or public policy of the ,united ,states4 7#e7 ,politically motivated foreign judgments pose a direct threat to democratic governance and judicial integrity whenever foreign courts are used to punish speech or official action protected under ,united ,states law4 #c4 ,prohibition on recognition or enforcement of politically-motivated judgments 7a7 ,general rule ,no court of the ,united ,states1 or of any ,state1 territory1 or possession of the ,united ,states1 may recognize1 enforce1 or give effect to any judgment1 order1 decree1 or provisional measure issued by a court of the ,people's ,republic of ,china if the ,united ,states court determines that the proceeding at which such issuance occurred-- 7#a7 was initiated1 directed1 controlled1 or materially supported by the ,chinese ,communist ,party1 the ,government of the ,people's ,republic of ,china1 or any instrumentality of either such entity2 and 7#b7 was substantially motivated by retaliation for-- 7,a7 protected political speech2 7,b7 the lawful exercise of governmental authority2 or 7,c7 the exercise of rights secured by the ,constitution or laws of the ,united ,states4 7b7 ,evidentiary standard ,a ,united ,states court may make a determination described in subsection 7a7 based on the totality of the circumstances1 including-- 7#a7 the lack of judicial independence in the originating forum2 7#b7 the identity of the plaintiff or its affiliation with the ,chinese ,communist ,party or state entities2 7#c7 public statements by ,chinese officials relating to the proceeding2 7#d7 the nature of the claims asserted and their relationship to protected speech or sovereign acts2 and 7#e7 the absence of due process or neutral adjudication4 #d4 ,fee-shifting and deterrence ,if a party seeks recognition or enforcement of a judgment1 order1 decree1 or provisional measure barred under section #c1 the prevailing party opposing enforcement shall be awarded reasonable attorneys' fees1 costs1 and expenses1 including expert fees4 #e4 ,federal jurisdiction and removal 7a7 ,original jurisdiction ,the district courts of the ,united ,states shall have original jurisdiction over any action seeking recognition or enforcement of a judgment1 order1 decree1 or provisional measure described in section #c7;a74 7b7 ,removal ,any action described in subsection 7a7 that is commenced in a ,state court may be removed to the appropriate ,united ,states district court by any party4 #f4 ,department of ,justice intervention 7a7 ,right ,to intervene ,the ,attorney ,general may intervene1 as of right1 in any proceeding involving the recognition or enforcement of a judgment1 order1 decree1 or provisional measure described in section #c7;a74 7b7 ,statement of interest ,the ,attorney ,general may submit a statement of interest regarding the political nature of the foreign proceeding1 the lack of judicial independence1 or the foreign policy interests of the ,united ,states1 which the ,united ,states court shall give substantial weight4 #g4 ,first ,amendment and ,sovereignty ,protection ,clause ,no judgment described in section #c7;a7 may be recognized or enforced if such recognition or enforcement would-- 7#a7 penalize1 burden1 or chill speech or conduct protected by the ,first ,amendment to the ,constitution of the ,united ,states2 or 7#b7 interfere with the lawful exercise of ,united ,states sovereign authority4 #h4 ,declaratory and injunctive relief 7a7 ,civil action authorized ,any person1 ,state1 or governmental entity that is a party to1 the subject of1 or the target of a proceeding in a court of the ,people's ,republic of ,china described in section #c7;a71 and that has incurred or is incurring concrete costs1 burdens1 or restraints as a result of such proceeding1 may bring a civil action in a ,united ,states district court for declaratory and injunctive relief4 7b7 ,injury in fact ,for purposes of article ,,iii of the ,constitution of the ,united ,states1 an injury in fact shall be deemed to exist if the plaintiff demonstrates1 to the satisfaction of the court-- 7#a7 participation in1 or exposure to1 a foreign judicial proceeding described in section #c2 and 7#b7 7,a7 legal expenses or compliance costs2 7,b7 reputational injury2 7,c7 a credible chilling effect on constitutionally protected speech or conduct2 7,d7 impairment of property1 contractual1 or financial interests2 or 7,e7 a substantial risk of enforcement efforts affecting ,united ,states-based interests4 7c7 ,relief ,in any action under this section1 the court may-- 7#a7 declare the foreign judgment or proceeding is not recognizable or enforceable in the ,united ,states2 and 7#b7 grant appropriate injunctive relief to prevent any attempt to seek recognition or enforcement of such judgment4 #i4 ,rule of construction ,nothing in this ,act may be construed to require a ,united ,states court to recognize or enforce any foreign judgment4 ,this ,act establishes a minimum standard of nonrecognition and does not limit other grounds for refusing enforcement under ,federal or ,state law4 #aj4 ,severability ,if any provision of this ,act1 or the application of such provision1 is held invalid1 the remainder of this ,act and other applications of this ,act shall not be affected4