,,ii #aaith ,,congress #b;d ,session ,s4 #cihc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #d1 #bjbf,mrs4 ,shaheen 7for herself and ,mr4 ,cassidy7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to establish a procedure to dismiss strategic lawsuits against public participation brought by governments1 agents1 instrumentalities1 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 ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,end ,foreign ,abuse of ,united ,states ,courts ,act4 #b4 ,measures to end strategic lawsuits against public participation brought by certain foreign actors 7a7 ,in general ,part ,,vi of title #bh1 ,united ,states ,code1 is amended by inserting after chapter #aha the following3 #ahb ,procedure to dismiss strategic lawsuits against public participation brought by certain foreign actors ,sec4#dbja4 ,definitions4#dbjb4 ,special motion to dismiss a strategic lawsuit against public participation brought by certain foreign actors4#dbjc4 ,exceptions4#dbjd4 ,interlocutory appeal4#dbje4 ,attorneys' fees and costs2 punitive damages4#dbjf4 ,no limit on other remedies4#dbjg4 ,removal and remand4 #dbja4 ,definitions ,in this chapter3 7#a7 ,claim ,the term claim means any civil action1 complaint1 cause of action1 counterclaim1 or other court filing seeking damages1 declaratory relief1 or equitable relief4 7#b7 ,covered claim ,the term covered claim means a claim-- 7,a7 brought by-- 7i7 the government of a covered country2 7ii7 a foreign agent or foreign instrumentality of the government of a covered country2 or 7iii7 a covered foreign person2 and 7,b7 that is based on1 or in response to-- 7i7 a political opinion of a party2 or 7ii7 covered protected speech or political activity by a party4 7#c7 ,covered country ,the term covered country means-- 7,a7 a country the government of which is listed as a foreign adversary under section #gia4d of title #ae1 ,code of ,federal ,regulations1 or any successor regulation2 or 7,b7 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 ,states4 7#d7 ,covered foreign person ,the term covered foreign person means-- 7,a7 an individual who-- 7i7 is a citizen of a covered country1 which shall be determined in the same manner as citizenship is determined for purposes of section #accb2 and 7ii7 is not lawfully admitted for permanent residence1 and domiciled1 in the ,united ,states2 or 7,b7 a corporation1 partnership1 association1 joint-stock company1 limited liability company1 business trust1 or similar entity that is substantially owned by or subject to the control of #a or more individuals described in subparagraph 7,a74 7#e7 ,covered protected speech or political activity ,the term covered protected speech or political activity means-- 7,a7 a communication in a legislative1 executive1 judicial1 administrative1 or other governmental proceeding in the ,united ,states or a foreign country2 7,b7 a communication on an issue under consideration or review1 or recommending consideration of an issue1 in a legislative1 executive1 judicial1 administrative1 or other governmental proceeding in the ,united ,states or a foreign country2 7,c7 a complaint made to a law enforcement agency1 to a licensing board1 or through a grievance mechanism in the ,united ,states or a foreign country2 7,d7 a communication about a public official1 public figure1 or other natural or legal person of the ,united ,states or a foreign country whose act1 omission1 fame1 notoriety1 or celebrity has become a public issue2 or 7,e7 the exercise of the right of freedom of speech or of the press1 the right to assemble or petition1 or the right of association guaranteed by the ,constitution of the ,united ,states on a matter of public concern4 7#f7 ,foreign agent2 foreign instrumentality ,the terms foreign agent and foreign instrumentality have the meanings given those terms in section #ahci of title #ah4 7#g7 ,political opinion ,the term political opinion-- 7,a7 means the manifestation or expression1 either overt or imputed1 of political beliefs2 and 7,b7 shall have the same meaning given the term political opinion for purposes of section #aja7;a77#db7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#db774 #dbjb4 ,special motion to dismiss a strategic lawsuit against public participation brought by certain foreign actors 7a7 ,motion ,a court shall grant a special motion to dismiss and dismiss a claim with prejudice if-- 7#a7 the moving party presents evidence establishing that the claim at issue is a covered claim2 7#b7 the responding party fails to establish that an exception under section #dbjc applies2 and 7#c7 the responding party-- 7,a7 fails to present evidence establishing a prima facie case as to each essential element of the claim under the standard of rule #ef of the ,federal ,rules of ,civil ,procedure2 or 7,b7 presents evidence establishing a prima facie case as to each element of the claim1 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 #ef of the ,federal ,rules of ,civil ,procedure4 7b7 ,notice period ,not later than #e days before the filing of a special motion to dismiss a claim alleged to be a covered claim1 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 claim4 7c7 ,timing of motion ,a special motion to dismiss pursuant to this chapter shall be filed not later than-- 7#a7 for a claim filed in ,federal court1 #fj days after the date of service of the pleading that states the claim alleged to be a covered claim2 or 7#b7 for a claim removed to ,federal court that is alleged to be a covered claim1 #fj days after the date of removal4 7d7 ,stay of proceedings 7#a7 ,in general ,except as provided in paragraph 7#b71 upon the filing of a special motion to dismiss under this chapter with respect to a claim1 all other proceedings between the moving party and responding party that are related to the claim1 including discovery proceedings and any pending hearing or motions1 shall be stayed until notice of entry of an order disposing of the special motion to dismiss4 7#b7 ,exceptions 7,a7 ,good cause ,upon motion by either party1 the court may allow limited and specified discovery related to a special motion to dismiss under this chapter1 as determined by the court1 for good cause4 7,b7 ,motion for remand ,proceedings relating to a motion to remand filed pursuant to section #addg may proceed pending consideration by the court of the special motion to dismiss4 7e7 ,expedited ruling ,not later than #ij days after the date on which a special motion to dismiss under this chapter is filed with respect to a claim1 the court shall rule on the motion4 #dbjc4 ,exceptions ,this chapter shall not apply to any claim that is brought-- 7#a7 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 services2 7#b7 by an official1 agent1 or entity of the ,united ,states ,government acting in an official capacity or under color of law2 or 7#c7 for recovery for bodily injury1 wrongful death1 or survival damages4 #dbjd4 ,interlocutory appeal ,if a court denies a special motion to dismiss under this chapter with respect to a claim1 the party that filed the special motion to dismiss may take an immediate interlocutory appeal from the order denying the special motion to dismiss4 #dbje4 ,attorneys' fees and costs2 punitive damages 7a7 ,in general ,if the moving party prevails on a special motion to dismiss under this chapter1 there shall be a rebuttable presumption that the moving party is entitled to an award of reasonable attorneys' fees and costs4 7b7 ,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 harass1 cause unnecessary delay1 or needlessly increase the cost of litigation1 the court may impose an award of punitive damages4 ,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 situated4 7c7 ,no foreign-,state immunity ,a foreign state shall not be immune from fees1 costs1 or punitive damages imposed under this chapter4 #dbjf4 ,no limit on other remedies ,nothing in this chapter shall be construed to reduce or limit any substantive claim1 remedy1 or defense to a claim based on1 or in response to1 covered protected speech or political activity by a party under any other ,federal law or under the laws of any ,state or local government4 #dbjg4 ,removal and remand 7a7 ,in general ,in addition to removal allowed under section #adda1 a defendant filing a colorable special motion to dismiss under section #dbjb may remove the case to the district court of the ,united ,states for the district and division within which such action is pending1 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 complaint1 after filing a notice of removal signed pursuant to rule #aa of the ,federal ,rules of ,civil ,procedure4 7b7 ,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 #dbjb1 the court shall remand the action to the ,state court from which the action had been removed4 4 7b7 ,technical and conforming amendments 7#a7 ,section #abib7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a71 by striking the semicolon at the end and inserting a period2 7,b7 in paragraph 7#b71 by striking the semicolon at the end and inserting a period2 and 7,c7 by adding at the end the following3 7#d7 ,interlocutory orders denying in whole or in part special motions to dismiss under section #dbjb4 4 7#b7 ,the table of chapters for title #bh1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #aha the following3 #ahb4,procedure to dismiss strategic lawsuits against public participation brought by certain foreign actors#dbja 4 #c4 ,effective date2 applicability ,this ,act and the amendments made by this ,act shall-- 7#a7 take effect on the date of the enactment of this ,act2 and 7#b7 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 ,act4