Legislation1w ago
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HR8548Rep. Kamlager-Dove, Sydney [D-CA-37] (D-CA)
introduced
S3983119th CongressWALLET
End Foreign Abuse of United States Courts Act
Sponsored By: Senator Sen. Shaheen, Jeanne [D-NH]
Introduced
Summary
Expedited dismissal of foreign-actor SLAPPs would create a federal procedure to quickly toss lawsuits filed by certain foreign governments or foreign-controlled actors that aim to silence political speech in the United States. The bill defines which countries and foreign persons are covered and what counts as protected speech or political activity.
Show full summary
- People and organizations sued over covered political speech could file a special motion to dismiss that stays related proceedings and limits discovery. The motion must be filed within 60 days and the court must rule within 90 days.
- Federal courts would get specific removal and remand rules and an immediate interlocutory appeal right if the special motion is denied. Prevailing defendants are presumptively entitled to reasonable attorney fees and costs.
- The bill spells out who is a "covered country" or "covered foreign person" and allows fees, costs, and punitive damages against foreign actors, while excluding claims by U.S. government actors, ordinary commercial sale or lease disputes tied to the communication, and claims for bodily injury or wrongful death.
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 3 benefits, 0 costs, 3 mixed.
Attorney fees and punitive damages
This bill would create a rebuttable presumption that a winning movant can recover reasonable attorney fees and costs. It would allow courts to award punitive damages if a claim was used to harass or needlessly increase litigation costs. Punitive awards would be limited to the amount needed to deter repetition. The bill would say a foreign state is not immune from fees, costs, or punitive damages under this chapter.
Certain claims excluded from process
The bill would exclude three claim types from the chapter. It would not apply when the defendant mainly sells or leases goods and the communication arises from that sale or lease. It would not apply to claims by U.S. Government actors acting in an official capacity or under color of law. It would not apply to claims seeking recovery for bodily injury, wrongful death, or survival damages.
Easier federal removal and appeals
If enacted, defendants who file a colorable special motion could remove a case to federal court without state-citizenship rules. Removal would still require a Rule 11 signature. If a district court later denies the special motion in whole, the case would be remanded to state court. The bill would also allow an immediate interlocutory appeal of a denial of the special motion.
Fast dismissal for foreign-actor suits
The bill would create a special motion to dismiss for covered claims. A movant must give 5 days' written notice and file the motion within 60 days after service or removal. Filing would stay related proceedings, allow only limited discovery for good cause, and require the court to rule within 90 days. Courts would dismiss with prejudice when the movant meets the statutory standards.
New rules apply to future claims
The bill would take effect on the date of enactment and apply to any claim filed on or after that date. That would be true even if the events happened before enactment. Claims filed before the enactment date would not be changed by this chapter.
Who counts as a covered foreign actor
The bill would define which countries and people are 'covered.' A covered country would include those on the foreign-adversary list or those the Secretary of State finds file frivolous suits to chill speech. A covered foreign person would include citizens of those countries who are not lawful permanent residents and are domiciled here, and entities they substantially own or control. The bill would also define covered protected speech and what counts as a claim.
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Sponsors & CoSponsors
Sponsor
Sen. Shaheen, Jeanne [D-NH]
NH • D
Cosponsors
Sen. Cassidy, Bill [R-LA]
LA • R
Sponsored 3/4/2026
Roll Call Votes
No roll call votes available for this bill.
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