SEC. 4. ENFORCEMENT. 
(a) PRIVATE RIGHT OF ACTION.— 
(1) IN GENERAL.—A person who is injured by 
an actual or threatened violation of section 3 may 
bring an action for injunctive relief and monetary 
damages, including compensatory and punitive dam-
ages. 
(2) COSTS.—The court shall award a prevailing 
plaintiff costs and fees, including reasonable attor-
ney’s fees and expert witness fees. 
(3) LIMITATION ON MONETARY DAMAGES.—An 
employee or contractor bringing an action under this 
subsection to recover monetary damages pursuant to 
a profit-sharing, revenue-sharing, or analogous ar-
rangement with a domestic entity may not recover 
the portion of the proceeds of such arrangement 
which would likely have been derived from activities 
or sales within the country governed by the des-
ignated foreign authority with which such employee 
or contractor’s protected activity relates. 
(4) STATUTE OF LIMITATIONS.— 
(A) IN GENERAL.—No action may be com-
menced pursuant to this subsection more than 
the later of— 
(i) 5 years after the date on which the 
violation occurs; or 
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(ii) 3 years after the date on which 
the violation is discovered or should have 
been discovered through exercise of reason-
able diligence. 
(B) TOLLING.—If an employee or con-
tractor, or immediate family member thereof, of 
a domestic entity is detained or otherwise sub-
ject to coercion by a designated foreign author-
ity prior to the expiration of the statute of limi-
tations, such statute of limitation may be tolled 
at the discretion of the court, until the date 
that is one year after such detention or coercion 
concluded. 
(5) SUMMARY JUDGMENT.—In an action under 
this subsection, a court may not grant a motion for 
summary judgment made by a domestic entity solely 
based on a document or other evidence produced 
solely by the domestic entity that describes the enti-
ty’s alleged reason for taking adverse action against 
an employee or contractor. 
(6) RULE
OF
CONSTRUCTION.—The private 
right of action under this subsection is in addition 
to any other right or remedy under Federal or State 
law. 
(b) FEDERAL AND STATE ENFORCEMENT.— 
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(1) FEDERAL ENFORCEMENT.— 
(A) JUDICIAL
ENFORCEMENT.—The Sec-
retary of Labor or the Equal Employment Op-
portunity Commission may petition any appro-
priate district court of the United States for 
temporary or permanent injunctive relief if the 
Secretary or Commission determines that sub-
section (a) or (b) of section 3 of this Act has 
been violated. 
(B) CIVIL PENALTY.— 
(i) IN GENERAL.—Any domestic entity 
who commits a violation of this Act may be 
assessed a civil money penalty by either 
the Secretary of Labor or the Equal Em-
ployment Opportunity Commission, but not 
both, of not more than the greater of— 
(I) $100,000 for each violation 
constituting 
other 
adverse 
action 
against any employee or contractor 
with respect to his or her compensa-
tion, terms, conditions, or privileges of 
employment or contract; 
(II) $250,000 for each violation 
involving the discharge, suspension, 
cessation of contract with, or failure 
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to pursue future contracts with any 
employee or contractor; or 
(III) $1,000,000 for each willful 
violation involving the discharge or 
termination of a United States person 
who is an employee or contractor, un-
dertaken— 
(aa) at the explicit direction 
of a political, diplomatic, or intel-
ligence official or element of a 
designated foreign authority; 
(bb) with actual knowledge 
of the prohibitions under this 
Act; and 
(cc) 
in 
connection 
with 
peaceful protected activity which 
could be reasonably understood 
to align with the foreign policy or 
national security interests of the 
United States. 
(ii) FACTORS TO CONSIDER.—In de-
termining the amount of any penalty to be 
assessed, the Secretary or Commission 
shall take into account— 
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(I) the previous record of the do-
mestic entity in terms of compliance 
with this Act, or any other Federal, 
State, or local statutes or regulations 
which seek to combat foreign influ-
ence over domestic activities; 
(II) whether the violation was 
willful; 
(III) the gravity of the violation; 
(IV) the size of the domestic en-
tity, and any secondary implications 
of a large penalty on its workforce; 
and 
(V) the nature of the protected 
activity, including the diplomatic rela-
tionship between the United States 
and the country governed by a des-
ignated foreign authority with which 
the protected activity relates. 
(iii) HEARING, APPEAL, AND
ADDI-
TIONAL MATTERS.— 
(I) 
AGENCY
OR
COMMISSION 
HEARING.—The domestic entity as-
sessed shall be afforded an oppor-
tunity for agency or commission hear-
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ing, upon request made within thirty 
days after the date of issuance of the 
notice of assessment. If a hearing is 
requested, the initial decision shall be 
made by an administrative law judge, 
and such decision shall become the 
final order unless the Secretary or 
Commission modifies or vacates the 
decision. Notice of intent to modify or 
vacate the decision of the administra-
tive law judge shall be issued to the 
parties within thirty days after the de-
cision of the administrative law judge. 
(II) APPEAL.—Any domestic en-
tity against whom an order imposing 
a civil money penalty has been entered 
after a hearing under this section may 
obtain review by the United States 
district court for any district in which 
it is located or the United States dis-
trict court for the District of Colum-
bia by filing a notice of appeal in such 
court within 30 days from the date of 
such order, and simultaneously send-
ing a copy of such notice by registered 
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(B) the Equal Employment Opportunity 
Commission; and 
(C) such other bodies which the President 
determines appropriate for enforcing the provi-
sions of this Act. 
(3) STATE
ENFORCEMENT.—If the attorney 
general of a State has reason to believe that an in-
terest of the residents of the State has been or is 
being threatened or adversely affected by a practice 
or action that violates section 3, the attorney general 
of the State may, as parens patriae, bring a civil ac-
tion on behalf of the residents of the State in an ap-
propriate district court of the United States to ob-
tain appropriate relief. 
(c) VENUE.—An action under this section may be 
brought in— 
(1) the district court of the United States that 
meets applicable requirements relating to venue 
under section 1391 of title 28, United States Code; 
or 
(2) another court of competent jurisdiction. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) PROTECTED
ACTIVITY
GENERALLY.—The 
term ‘‘protected activity’’ means protected action, 
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protected inaction, or enhanced China-related pro-
tected activity, except that such term does not in-
clude any activity that— 
(A)(i) in the case of an activity that takes 
place in the United States, violates a Federal 
law or regulation (or advocates for any such ac-
tivity which constitutes a Federal felony of-
fense); 
(ii) in the case of an activity that takes 
place outside of the United States, would vio-
late such a Federal law or regulation had the 
activity been conducted in the United States (or 
advocates for any such activity that constitutes 
a Federal felony offense); or 
(iii) in the case of an activity that takes 
place in a State, territory, or unit of local gov-
ernment and involves an act that constitutes a 
felony offense, violates a State law, territorial 
law, or local ordinance that prohibits such an 
act or advocates for such activity; 
(B) undermines or inherently conflicts with 
an outcome or objective that such employee or 
contractor ordinarily aims to achieve in their of-
ficial employment or contractual capacity, and 
achieving such an outcome or objective is a rea-
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sonably central component of such employee or 
contractor’s typical responsibilities; 
(C) is undertaken by an employee or con-
tractor who routinely conducts work on behalf 
of a domestic entity whose principal and over-
riding purpose is advocating for or otherwise 
furthering outcomes or objectives of a des-
ignated foreign government or entity (including 
a domestic entity registered under the Foreign 
Agents Registration Act of 1938), which are 
fundamentally opposed to a principal desired 
outcome or objective of the activity; 
(D) is undertaken with the intent to, or 
the reasonably foreseeable effect of, denigrating 
a person or class of persons on the basis of any 
protected characteristic which is subject to any 
employment protections enforceable by the 
Equal Employment Opportunity Commission or 
an analogous state or territorial agency of any 
state or territory in the United States; or 
(E) the average person applying contem-
porary community standards of the United 
States would determine to be, taken as a whole, 
patently obscene and lacking in serious political, 
literary, artistic, or scientific value. 
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(2) PROTECTED ACTION.—The term ‘‘protected 
action’’ means— 
(A) any speech, conduct, or other advocacy 
related to a designated foreign government or 
entity’s actual, historic, or potential current or 
future gross violation of internationally recog-
nized human rights (as such term is defined in 
section 502B(d) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2304(d))), or such govern-
ment or entity’s facilitation or support of, or 
activities related to, such a violation; 
(B) any speech, conduct, or other advocacy 
related to political, social, or similarly sensitive 
matters, provided such matters generally relate 
to conditions or practices within a country gov-
erned by a designated foreign authority, or do-
mestic or international policies of a designated 
foreign government or entity, on which such 
designated foreign authority censors or imposes 
official or unofficial publishing or advocacy re-
strictions (including but not limited to religious 
activities, cultural activities, territorial claims, 
sovereignty status, political leaders, internal 
party dynamics, alleged abuses of power, and 
corruption), if such censorship or restriction 
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would be unconstitutional or otherwise unlawful 
if implemented in the United States by the 
United States Government; 
(C) any speech, conduct, or other advocacy 
related to the international activities of a des-
ignated foreign authority, or any designated 
foreign authority-affiliated entity or designated 
agent of influence acting on its behalf, which 
may result in imprisonment or other official or 
unofficial sanction if undertaken in such coun-
try (including but not limited to licit or illicit 
transfers of technology, overt, covert, or clan-
destine action, or overseas influence or disinfor-
mation campaigns); 
(D) any speech, conduct, or other advocacy 
contesting, purposefully or incidentally, a pre-
ferred governmental narrative of a designated 
foreign authority with respect to historical or 
current events (including but not limited to the 
creation or use of maps or other geographic 
identifiers which depict disputed territories or 
describe disputed territorial classifications); 
(E) any speech, conduct, or other advocacy 
regarding senior officials of a designated for-
eign authority on the basis of decisions or ac-
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tions undertaken in such official’s official or 
personal capacity; or 
(F) the provision by an employee or con-
tractor of financial or in-kind support, using ex-
clusively resources other than resources of an 
employing or contracting domestic entity which 
has not provided consent for such use, to any 
person engaging in an activity which would con-
stitute protected activity if the employee or con-
tractor personally engaged in such activity. 
(3) PROTECTED
INACTION.—The term ‘‘pro-
tected inaction’’ means refraining from or refusing 
to undertake activity, including nonexcepted activity 
conducted in an employee or contractor’s official ca-
pacity, on the basis of sincerely held philosophical, 
ethical, or patriotic objections, that— 
(A) counters or otherwise inhibits pro-
tected action or enhanced China-related pro-
tected activity, even if such activity occurs 
abroad; 
(B) facilitates or supports a human rights 
violation of a designated foreign government or 
entity; or 
(C) facilitates or supports an overseas 
propaganda or disinformation effort of a des-
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ignated foreign authority or designated agent of 
influence, provided that the activity which the 
employee or contractor refrained from or re-
fused to undertake has the direct and foresee-
able impact of meaningfully, or the intent of 
reasonably directly, contributing to a matter de-
scribed in subparagraph (A), (B), or (C). 
(4) ENHANCED
CHINA-RELATED
PROTECTED 
ACTIVITY.—The term ‘‘enhanced China-related pro-
tected activity’’ means any speech, conduct, or other 
advocacy, which is not protected action or protected 
inaction, and which relates to— 
(A) actions of the government or ruling 
party of the People’s Republic of China, or any 
special administrative region or equivalent re-
gion, to restrict, limit, or otherwise inhibit free-
dom of speech or assembly, freedom of religion, 
or other fundamental human rights or free-
doms, including through arbitrary detention, 
pervasive surveillance, or censorship; 
(B) any aspect of a public policy debate 
within the United States which can reasonably 
be understood to predominantly pertain to 
China, or the relationship between the United 
States and any country or countries in the 
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Indo-Pacific region, with respect to which the 
government or ruling party of the People’s Re-
public of China has lobbied or otherwise sought 
to encourage or discourage elected or appointed 
officials of the United States from pursuing or 
implementing a particular policy; or 
(C) revealing or otherwise discussing ma-
lign international activities (including cyberat-
tacks, unfair trade practices, intellectual prop-
erty violations, influence or disinformation cam-
paigns, illicit data collection efforts, and global 
surveillance or censorship efforts) of the govern-
ment, ruling party, or any affiliated commercial 
enterprise of the People’s Republic of China. 
(5) COUNTRY OF CONCERN.—The term ‘‘coun-
try of concern’’ means— 
(A) China, including any special adminis-
trative regions or equivalent regions, but ex-
cluding, Taiwan for so long as such remains 
governed in a distinct and separate manner; or 
(B) any other country, provided such coun-
try is not a member of the North Atlantic Trea-
ty Organization (NATO), a major non-NATO 
ally designated under section 517 of the For-
eign Assistance Act of 1961 (22 U.S.C. 2321k), 
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a strategic partner of the United States, or a 
member, as of the date of enactment of this 
Act, of the Organisation for Economic Co-oper-
ation and Development, which the President 
publicly certifies to Congress on an annual 
basis— 
(i) seeks, or consistently sought within 
the prior 10 years, to restrict protected ac-
tivities of employees or contractors or oth-
erwise meaningfully inhibit or alter the do-
mestic speech of domestic entities on topics 
subject to the protections of this Act; 
(ii) poses a legitimate risk of under-
mining official United States foreign policy 
objectives, furthering gross violations of 
international recognized human rights (as 
such term is defined in section 502B(d) of 
the Foreign Assistance Act of 1961 (22 
U.S.C. 2304(d)), or interfering with the 
open debate and discussion of topics re-
lated to such country, by virtue of the ac-
tual or attempted actions described in 
clause (i); and 
(iii) is— 
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(I) designated as a country of 
particular concern for religious free-
dom pursuant to section 402(b)(1) of 
the International Religious Freedom 
Act of 1998 (22 U.S.C. 6442(b)(1)); 
(II) a country sanctioned under 
the Chemical and Biological Weapons 
Control and Warfare Elimination Act 
of 1991 (22 U.S.C. 5601 et seq.), or 
which was sanctioned under such Act 
at any point of time prior to the date 
of enactment of this Act; or 
(III) a country the government of 
which the Secretary of State deter-
mines has repeatedly provided support 
for acts of international terrorism for 
purposes of section 1754(c) of the Ex-
port Control Reform Act of 2018 (50 
U.S.C. 4813(c)), section 620A of the 
Foreign Assistance Act of 1961 (22 
U.S.C. 2371), or section 40 of the 
Arms Export Control Act (22 U.S.C. 
2780). 
(6) DESIGNATED FOREIGN GOVERNMENTS AND 
ENTITIES.—The term ‘‘designated foreign govern-
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ment or entity’’ means any designated foreign au-
thority, designated foreign authority-affiliated entity, 
or designated agent of influence. 
(7) DESIGNATED
FOREIGN
AUTHORITY.—The 
term ‘‘designated foreign authority’’ means any gov-
ernment or governmental element, or political party 
or party element exercising substantial control or in-
fluence over government functions or decision mak-
ing, or government or party official of a country of 
concern. 
(8) DESIGNATED FOREIGN AUTHORITY-AFFILI-
ATED ENTITY.—The term ‘‘designated foreign au-
thority-affiliated entity’’ means any state-owned, pri-
vate, or otherwise non-governmental entity domiciled 
within, based within, or having its principal place of 
business or operations within a country of concern, 
unless such entity is specifically exempted by order 
of the President or his or her designee. Such term 
shall include variable interest entities and inter-
national subsidiaries affiliated with such designated 
foreign authority-affiliated entities. 
(9) DESIGNATED AGENT OF INFLUENCE.—The 
term ‘‘designated agent of influence’’ means any do-
mestic or international entity or person— 
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(A) registered under the Foreign Agents 
Registration Act of 1938 on behalf of a des-
ignated foreign authority or designated foreign 
authority-affiliated entity; 
(B) the President determines and publicly 
certifies is otherwise acting as an overt, covert, 
or clandestine agent of a designated foreign au-
thority; or 
(C) understood or reasonably suspected by 
the domestic entity undertaking an adverse ac-
tion or seeking to impose a contractual limita-
tion which is prohibited under this Act to be an 
overt, covert, or clandestine agent of a des-
ignated foreign authority. 
(10) DOMESTIC ENTITY.— 
(A) IN GENERAL.—For the purposes of the 
Act, the term ‘‘domestic entity’’ means— 
(i) any entity, without regard to the 
country where such entity is domiciled or 
incorporated, that— 
(I) conducts business or organi-
zational activities in the United States 
(or outside of the United States at a 
facility that is officially or unofficially 
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affiliated with the United States Gov-
ernment); or 
(II) pays salary, wages, or other 
compensation for work performed in 
the United States or that has control 
over employment or contracting op-
portunities in the United States; and 
(ii) the Federal Government. 
(B) LIMITED
FEDERAL
EXCLUSION
AU-
THORITY.—The President may, upon 90 days 
prior notice to Congress, exclude a component 
of a Federal agency or the Armed Forces, or a 
corporate contractor thereof, from the definition 
under this paragraph, to the extent such exclu-
sion is in the interests of United States foreign 
policy or national security. 
(11) EMPLOYEE.—The term ‘‘employee’’ means 
any person, including supervisors, employed in a cov-
ered context by a domestic entity. 
(12) CONTRACTOR.—The term ‘‘contractor’’ 
means an individual who provides work in a covered 
context for a domestic entity under the terms of an 
independent contract with such domestic entity or 
an individual who uses a loan-out corporation or 
similar corporate structure to facilitate such work. 
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(13) COVERED CONTEXTS.—The term ‘‘covered 
context’’ means employment or contractual activities 
which— 
(A) occur within the United States (includ-
ing any overseas Federal facilities thereof), re-
gardless of the nationality, citizenship, domicile, 
or place of incorporation of the employee, con-
tractor, or domestic entity; or 
(B) are conducted by an employee or con-
tractor of a domestic entity who typically per-
forms work within the United States, regardless 
of whether such employee or contractor handles 
matters of an international nature or is tempo-
rarily assigned to a foreign jurisdiction for a 
period of 6 months or less (except to the extent 
such activity relates to official overseas travel to 
a country of concern exempted from the prohi-
bition on retaliation pursuant to section 3 of 
this Act). 
SEC. 6. ANNUAL REPORTING ON CENSORSHIP OF FREE 
SPEECH WITH RESPECT TO INTERNATIONAL 
ABUSES OF HUMAN RIGHTS. 
Section 116(d) of the Foreign Assistance Act (22 
U.S.C. 2151n(d)) is amended— 
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(1) in paragraph (11)(C), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (12)(C)(ii), by striking the pe-
riod at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(13) wherever applicable, each instance in 
which each country has attempted to extraterritori-
ally intimidate or pressure a company or entity to 
censor or self-censor the speech of its employees, 
contractors, customers, or associated staff with re-
gards to the abuse of human rights in such country, 
or sought retaliation against such employees or con-
tractors for the same, including any instance in 
which the government of China has sought to 
extraterritorially censor or punish speech that is oth-
erwise legal in the United States on the topics of— 
‘‘(A) repression and violation of funda-
mental freedoms in Hong Kong; 
‘‘(B) repression and persecution of reli-
gious and ethnic minorities in China, including 
in the Xinjiang Uyghur Autonomous Region 
and the Tibet Autonomous Region; 
‘‘(C) efforts to proliferate and use surveil-
lance technologies to surveil activists, journal-
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ists, opposition politicians, or to profile persons 
of different ethnicities; and 
‘‘(D) other gross violations of human 
rights; and 
‘‘(14) wherever applicable, each instance in 
which a company or entity located in or based in a 
third country has censored or self-censored the 
speech of its employees, contractors, customers, or 
associated staff on the topic of abuse of human 
rights in each country or sought to retaliate against 
such employees for the same, due to intimidation or 
pressure from or the fear of intimidation by the for-
eign government.’’. 
Æ 
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