This bill establishes a new federal procedure to combat Strategic Lawsuits Against Public Participation (SLAPPs) initiated by certain foreign actors. It amends title 28 of the U.S. Code to allow for a special motion to dismiss claims brought by governments or entities of "covered countries" or "covered foreign persons." These covered countries include foreign adversaries or those identified by the Secretary of State as engaging in patterns of frivolous litigation against U.S. persons to deter First Amendment rights. A "covered claim" is defined as a civil action based on a party's political opinion or protected speech and political activity, encompassing communications in governmental proceedings, on public issues, and the exercise of First Amendment rights. Upon filing a special motion to dismiss, proceedings are generally stayed, and courts must rule within 90 days, with immediate interlocutory appeal permitted if the motion is denied, and specific exceptions for certain types of claims. The bill outlines conditions for dismissal, and if the moving party prevails, there is a rebuttable presumption for awarding attorneys' fees and costs , and punitive damages may be imposed if the claim was intended to harass or delay, with foreign states explicitly not immune. Defendants can also remove such cases to federal court when filing a colorable special motion to dismiss, with provisions for remand if the motion is denied.
Get AI-generated questions to help you understand this bill better
Timeline
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
End Foreign Abuse of United States Courts Act
USA119th CongressS-3983| Senate
| Updated: 3/4/2026
This bill establishes a new federal procedure to combat Strategic Lawsuits Against Public Participation (SLAPPs) initiated by certain foreign actors. It amends title 28 of the U.S. Code to allow for a special motion to dismiss claims brought by governments or entities of "covered countries" or "covered foreign persons." These covered countries include foreign adversaries or those identified by the Secretary of State as engaging in patterns of frivolous litigation against U.S. persons to deter First Amendment rights. A "covered claim" is defined as a civil action based on a party's political opinion or protected speech and political activity, encompassing communications in governmental proceedings, on public issues, and the exercise of First Amendment rights. Upon filing a special motion to dismiss, proceedings are generally stayed, and courts must rule within 90 days, with immediate interlocutory appeal permitted if the motion is denied, and specific exceptions for certain types of claims. The bill outlines conditions for dismissal, and if the moving party prevails, there is a rebuttable presumption for awarding attorneys' fees and costs , and punitive damages may be imposed if the claim was intended to harass or delay, with foreign states explicitly not immune. Defendants can also remove such cases to federal court when filing a colorable special motion to dismiss, with provisions for remand if the motion is denied.