[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3574 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 3574
To prohibit United States courts from recognizing, enforcing, or giving
effect to any judgment, order, decree, or provisional measure issued by
a court of the People's Republic of China in a proceeding motivated by
retaliation for lawful acts, including political speech.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 18, 2025
Mr. Schmitt introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit United States courts from recognizing, enforcing, or giving
effect to any judgment, order, decree, or provisional measure issued by
a court of the People's Republic of China in a proceeding motivated by
retaliation for lawful acts, including political speech.
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 ``Ending Chinese Lawfare Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The judicial system of the People's Republic of China
is constitutionally subordinate to the Chinese Communist Party,
which exercises ultimate authority over judicial outcomes.
(2) Courts of the People's Republic of China have been used
as instruments of state policy, including by retaliating
against foreign officials, governments, businesses, and
individuals for protected political speech and lawful sovereign
acts.
(3) The United States has a compelling interest in
protecting the First Amendment rights of its officials and
citizens, preserving national sovereignty, and preventing
foreign governments from weaponizing judicial processes to
chill lawful conduct.
(4) Recognition and enforcement of foreign judgments in the
United States is a matter of comity, not obligation, and
Congress has authority to regulate or prohibit such recognition
whenever it conflicts with the Constitution, laws, or public
policy of the United States.
(5) 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 law.
SEC. 3. PROHIBITION ON RECOGNITION OR ENFORCEMENT OF POLITICALLY-
MOTIVATED JUDGMENTS.
(a) General Rule.--No court of the United States, or of any State,
territory, or possession of the United States, may recognize, enforce,
or give effect to any judgment, order, decree, 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--
(1) was initiated, directed, controlled, or materially
supported by the Chinese Communist Party, the Government of the
People's Republic of China, or any instrumentality of either
such entity; and
(2) was substantially motivated by retaliation for--
(A) protected political speech;
(B) the lawful exercise of governmental authority;
or
(C) the exercise of rights secured by the
Constitution or laws of the United States.
(b) Evidentiary Standard.--A United States court may make a
determination described in subsection (a) based on the totality of the
circumstances, including--
(1) the lack of judicial independence in the originating
forum;
(2) the identity of the plaintiff or its affiliation with
the Chinese Communist Party or state entities;
(3) public statements by Chinese officials relating to the
proceeding;
(4) the nature of the claims asserted and their
relationship to protected speech or sovereign acts; and
(5) the absence of due process or neutral adjudication.
SEC. 4. FEE-SHIFTING AND DETERRENCE.
If a party seeks recognition or enforcement of a judgment, order,
decree, or provisional measure barred under section 3, the prevailing
party opposing enforcement shall be awarded reasonable attorneys' fees,
costs, and expenses, including expert fees.
SEC. 5. FEDERAL JURISDICTION AND REMOVAL.
(a) Original Jurisdiction.--The district courts of the United
States shall have original jurisdiction over any action seeking
recognition or enforcement of a judgment, order, decree, or provisional
measure described in section 3(a).
(b) Removal.--Any action described in subsection (a) that is
commenced in a State court may be removed to the appropriate United
States district court by any party.
SEC. 6. DEPARTMENT OF JUSTICE INTERVENTION.
(a) Right To Intervene.--The Attorney General may intervene, as of
right, in any proceeding involving the recognition or enforcement of a
judgment, order, decree, or provisional measure described in section
3(a).
(b) Statement of Interest.--The Attorney General may submit a
statement of interest regarding the political nature of the foreign
proceeding, the lack of judicial independence, or the foreign policy
interests of the United States, which the United States court shall
give substantial weight.
SEC. 7. FIRST AMENDMENT AND SOVEREIGNTY PROTECTION CLAUSE.
No judgment described in section 3(a) may be recognized or enforced
if such recognition or enforcement would--
(1) penalize, burden, or chill speech or conduct protected
by the First Amendment to the Constitution of the United
States; or
(2) interfere with the lawful exercise of United States
sovereign authority.
SEC. 8. DECLARATORY AND INJUNCTIVE RELIEF.
(a) Civil Action Authorized.--Any person, State, or governmental
entity that is a party to, the subject of, or the target of a
proceeding in a court of the People's Republic of China described in
section 3(a), and that has incurred or is incurring concrete costs,
burdens, or restraints as a result of such proceeding, may bring a
civil action in a United States district court for declaratory and
injunctive relief.
(b) Injury in Fact.--For purposes of article III of the
Constitution of the United States, an injury in fact shall be deemed to
exist if the plaintiff demonstrates, to the satisfaction of the court--
(1) participation in, or exposure to, a foreign judicial
proceeding described in section 3; and
(2)(A) legal expenses or compliance costs;
(B) reputational injury;
(C) a credible chilling effect on constitutionally
protected speech or conduct;
(D) impairment of property, contractual, or financial
interests; or
(E) a substantial risk of enforcement efforts affecting
United States-based interests.
(c) Relief.--In any action under this section, the court may--
(1) declare the foreign judgment or proceeding is not
recognizable or enforceable in the United States; and
(2) grant appropriate injunctive relief to prevent any
attempt to seek recognition or enforcement of such judgment.
SEC. 9. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to require a United States
court to recognize or enforce any foreign judgment. This Act
establishes a minimum standard of nonrecognition and does not limit
other grounds for refusing enforcement under Federal or State law.
SEC. 10. SEVERABILITY.
If any provision of this Act, or the application of such provision,
is held invalid, the remainder of this Act and other applications of
this Act shall not be affected.
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