S. 3983 — End Foreign Abuse of United States Courts Act

This section inserts a new chapter 182 after chapter 181 in part VI of title 28, United States Code, establishing procedures to dismiss with prejudice strategic lawsuits against public participation ("covered claims") brought by certain foreign actors targeting political opinions or protected speech or political activity. The chapter defines a "covered claim" as any civil action or filing seeking damages, declaratory relief, or equitable relief brought by (1) the government of a "covered country," (2) such government's foreign agent or instrumentality (as defined in 18 U.S.C. §1839), or (3) a "covered foreign person," if based on or in response to a party's political opinion (as defined in 8 U.S.C. §1101(a)(42)) or "covered protected speech or political activity." A "covered country" is a foreign adversary listed under 15 C.F.R. §791.4 or one the Secretary of State determines has engaged in frivolous litigation to deter First Amendment rights. A "covered foreign person" is a citizen of a covered country (determined as under 28 U.S.C. §1332) who is not a lawful permanent resident domiciled in the United States, or an entity substantially owned or controlled by such individuals. "Covered protected speech or political activity" includes communications in governmental proceedings, complaints to authorities, speech about public officials or figures, and exercise of First Amendment rights on matters of public concern. Section 4202 requires a court to grant a special motion to dismiss a covered claim if the movant shows it is covered, no exception under section 4203 applies, and the respondent fails to establish a prima facie case for each element (or the movant shows no genuine issue of material fact and entitlement to judgment under Federal Rule of Civil Procedure 56). Motions require written notice at least 5 days before filing and must be filed within 60 days of service of the pleading (for original federal claims) or removal. Upon filing, all related proceedings, including discovery, are stayed until resolution, except for limited discovery allowed for good cause. Remaining sections address interlocutory appeals (sec. 4204), attorneys' fees and punitive damages (sec. 4205), preservation of other remedies (sec. 4206), and removal and remand (sec. 4207). (Thus, the procedures enable expedited dismissal and fee recovery against qualifying foreign-initiated suits, with federal jurisdiction via removal.)

This section provides that the Act and its amendments take effect on the date of enactment and apply to any claim filed on or after such date, regardless of whether the conduct at issue occurred prior to enactment.