S. 3983

119 S3983 IS: End Foreign Abuse of United States Courts Act
 U.S. Senate
 2026-03-04
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 II  119th CONGRESS  2d Session  S. 3983  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.
1.
Short title
This Act may be cited as the   End Foreign Abuse of United States Courts Act  .
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:
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.
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) ).
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.
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.
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.
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.
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.
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 public participation brought by certain foreign actors  4201    .
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.