S. 3574

[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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