Ending Chinese Lawfare Act

Stop enforcement of political PRC judgments

If enacted, U.S. courts would be barred from recognizing or enforcing Chinese court judgments found to be politically retaliatory. A U.S. court would decide this when the Chinese Communist Party or the PRC government initiated, directed, controlled, or materially supported the proceeding and the proceeding was substantially motivated by retaliation for protected speech, lawful government acts, or U.S. rights. Courts would consider the totality of circumstances, including lack of judicial independence, plaintiff affiliation, official statements, the nature of the claims, and absence of due process. The Justice Department would be able to intervene as of right and courts would give substantial weight to its statement of interest. People, States, and government entities exposed to such proceedings would be able to sue in federal court for declaratory and injunctive relief. A prevailing party opposing enforcement would be entitled to reasonable attorneys' fees, costs, and expert fees. Federal district courts would have original jurisdiction, and state-court filings would be removable to federal court by any party. The bill would also say it does not require U.S. courts to enforce any foreign judgment and would include a severability rule.