Ending Chinese Lawfare Act
Sponsored By: Senator Schmitt, Eric [R-MO]
Introduced
Summary
This bill would bar recognition and enforcement of politically motivated Chinese court judgments that target U.S. officials, businesses, or private citizens. It creates a federal test and tools to stop foreign rulings used as retaliation for protected speech or lawful U.S. actions.
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- Government officials and sovereign actors: It would block PRC judgments that are initiated or controlled by the Chinese Communist Party or Chinese government when those judgments are motivated by retaliation against U.S. speech or lawful government acts.
- Businesses and individuals: People and companies facing overseas suits could ask U.S. courts to refuse enforcement under a totality-of-the-circumstances test, and prevailing parties might recover attorney fees to deter meritless enforcement attempts.
- Courts and federal enforcement: It would give federal courts original jurisdiction with removal from state court, and let the Department of Justice intervene or file a statement of interest to protect First Amendment and sovereignty concerns.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Block politicized Chinese court judgments
If enacted, U.S. courts would be barred from recognizing or enforcing Chinese court judgments that a U.S. court finds were initiated, controlled, or supported by Chinese authorities and driven by retaliation for protected political speech or lawful U.S. government acts. The bill would also stop enforcement that would penalize, burden, or chill First Amendment speech or interfere with U.S. sovereign authority. It would make clear the Act does not force U.S. courts to enforce any foreign judgment and preserves other legal defenses to refuse enforcement.
Court test for political motivation
If enacted, U.S. courts would be allowed to decide that a Chinese proceeding was politically motivated based on the totality of the circumstances. Judges could consider lack of judicial independence, ties to the Chinese Communist Party or state entities, public statements by Chinese officials, whether the claims relate to protected speech or sovereign acts, and the absence of due process. This would give defendants clearer factors to use when opposing enforcement of Chinese judgments.
New federal tools for Chinese judgment targets
If enacted, the Attorney General could intervene as of right in cases about enforcing qualifying Chinese judgments and courts must give substantial weight to the Justice Department's statements. U.S. district courts would have original jurisdiction over these enforcement actions and any party could remove state cases to federal court. People, states, or government entities targeted by qualifying Chinese proceedings could sue for declaratory or injunctive relief if they face legal costs, reputational harm, chilling of speech, property or financial impairments, or a serious risk of enforcement. If a court bars enforcement under the Act, the prevailing party opposing enforcement would be able to recover attorneys' fees, costs, and expert fees.
Sponsors & CoSponsors
Sponsor
Schmitt, Eric [R-MO]
MO • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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