Introduced in House Passed House Introduced in Senate Passed Senate To President Became Law
02/10/2020          

Preventing Foreign CENSORSHIP in America Act

Date Version PDF TXT
02/10/2020 Introduced in House Open

            I 

116TH CONGRESS 
2D SESSION H. R. 5830 

To protect American workers and enterprises from Chinese and other foreign 
efforts to extraterritorially censor free speech and inhibit lawful advocacy, 
and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 10, 2020 
Ms. CLARKE of New York (for herself, Mr. MALINOWSKI, Mr. SHERMAN, Mr. 

GALLAGER, and Mr. BANKS) introduced the following bill; which was re-
ferred to the Committee on Education and Labor, and in addition to the 
Committee on Foreign Affairs, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 

A BILL 
To protect American workers and enterprises from Chinese 

and other foreign efforts to extraterritorially censor free 
speech and inhibit lawful advocacy, and for other pur-
poses. 

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Preventing Foreign 4

CENSORSHIP in America Act’’ or the ‘‘Preventing the 5

Foreign Coercive Export of Non-consensual Speech and 6

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•HR 5830 IH

Orwellian Restrictions by Superpowers Hoping to Intimi-1

date People in America Act’’. 2

SEC. 2. FINDINGS. 3

Congress finds the following: 4

(1) Foreign governments have increasingly 5

sought to extraterritorially intimidate American and 6

non-American companies into policing media content 7

and the free speech rights of staff, employees, and 8

other associated persons. 9

(2) Because the extraterritorial advocacy for 10

human rights abroad is a core tenet of American 11

foreign policy and central to American national secu-12

rity, the growing extraterritorial suppression of 13

speech of persons and companies represents a long- 14

term threat to American interests. 15

(3) Self-censorship by American companies and 16

other nongovernmental entities in accordance with 17

the stated or unstated wishes of foreign geopolitical 18

rivals will only encourage more of the same. 19

(4) While China’s economic weight affords it 20

unique leverage to seek to compel corporate self-cen-21

sorship or retaliation against staff expressing con-22

trary views, including the manager of a basketball 23

team expressing support for human rights, other 24

countries such as North Korea have also sought to 25

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stifle free speech through malign measures, includ-1

ing conducting cyberattacks against a motion picture 2

studio that distributed comedic content regarding its 3

leadership. 4

(5) The United States Congress not only de-5

fends, but encourages, American persons and per-6

sons within the United States to be outspoken de-7

fenders of the rights of those around the world 8

standing up against repression and persecution. 9

SEC. 3. PROTECTING FREE SPEECH OF AMERICAN WORK-10

ERS FROM FOREIGN CENSORSHIP. 11

(a) PROHIBITION ON RETALIATION.— 12

(1) IN GENERAL.—Except as provided in para-13

graph (3), a domestic entity may not discharge, sus-14

pend, cease contracting with, or fail to pursue future 15

contracts with, any existing employee or contractor, 16

or take any other adverse action against any such 17

employee or contractor with respect to his or her 18

compensation, terms, conditions, or privileges of em-19

ployment or contract, on the basis of protected activ-20

ity, in the case that such an adverse action was un-21

dertaken— 22

(A) because a designated foreign govern-23

ment or entity explicitly or implicitly requests 24

that the domestic entity take such an adverse 25

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action, or the domestic entity presumes that a 1

designated foreign authority would prefer such 2

an adverse action; 3

(B) because the protected activity resulted 4

in, or has the potential to result in— 5

(i) financial, reputational, or other 6

damage to the domestic entity’s profit-7

ability or organizational prospects in a 8

country governed by a designated foreign 9

authority with which the protected activity 10

relates; or 11

(ii) economic retaliation by such coun-12

try; or 13

(C) in response to a protected activity 14

which constitutes protected inaction. 15

(2) GOOD FAITH CLAIMS.—A domestic entity 16

may not discharge, suspend, cease contracting with, 17

or fail to pursue future contracts with, any existing 18

employee or contractor, or take any other adverse 19

action against any such employee or contractor with 20

respect to his or her compensation, terms, condi-21

tions, or privileges of employment or contract, on the 22

basis of such employee or contractor’s actual or con-23

templated assertion of any protection under this Act, 24

provided such protection was asserted in good faith. 25

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(3) EXCEPTIONS.—The prohibition under para-1

graph (1) does not apply if— 2

(A) the protected activity of the employee 3

or contractor was conducted in such employee 4

or contractor’s official employment or contrac-5

tual capacity; 6

(B) a reasonable person, considering the 7

context or content of the protected activity, 8

would believe such activity was conducted in 9

such employee or contractor’s official employ-10

ment or contractual capacity, and such activity, 11

if conducted in an official capacity, would have 12

been contrary to an official policy or the finan-13

cial or organizational interests of the domestic 14

entity; or 15

(C) the protected activity occurred— 16

(i) in the territory of a country gov-17

erned by a designated foreign authority 18

which seeks to restrict such activity; and 19

(ii) during an overseas trip or assign-20

ment such employee or contractor under-21

took on behalf of the domestic entity. 22

(4) RULE OF CONSTRUCTION ON SOCIAL 23

MEDIA.—For the purpose of determining whether 24

protected activity was conducted in an employee or 25

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contractor’s official capacity, protected activity on a 1

social media account or other analogous medium of 2

communication which is used both in an official and 3

unofficial capacity, shall be presumed to be used in 4

an unofficial capacity, absent clear and convincing 5

evidence to the contrary. 6

(b) PROHIBITION ON CONTRACTUAL LIMITATIONS.— 7

A domestic entity may not require, as a condition of em-8

ployment, contract, or any compensation, benefit, or privi-9

lege related to such employment or contract, a prospective, 10

existing, or former employee or contractor to— 11

(1) limit a protected activity conducted in an 12

unofficial capacity, provided such protected activity 13

would reasonably be expected to trigger the prohibi-14

tion on retaliation described in subsection (a); or 15

(2) waive or abridge any right or cause of ac-16

tion under this Act, including requiring an employee 17

or contractor to pursue any claims under this Act in 18

a nonpublic or otherwise confidential manner. 19

(c) NONPREEMPTION.—Nothing in this section shall 20

preempt any Federal or State law (including any local law 21

or ordinance), contract, agreement, policy, plan, or prac-22

tice that establishes a right or benefit that is more bene-23

ficial to, or is in addition to, a right or benefit provided 24

to employees or contractors under this Act. 25

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SEC. 4. ENFORCEMENT. 1

(a) PRIVATE RIGHT OF ACTION.— 2

(1) IN GENERAL.—A person who is injured by 3

an actual or threatened violation of section 3 may 4

bring an action for injunctive relief and monetary 5

damages, including compensatory and punitive dam-6

ages. 7

(2) COSTS.—The court shall award a prevailing 8

plaintiff costs and fees, including reasonable attor-9

ney’s fees and expert witness fees. 10

(3) LIMITATION ON MONETARY DAMAGES.—An 11

employee or contractor bringing an action under this 12

subsection to recover monetary damages pursuant to 13

a profit-sharing, revenue-sharing, or analogous ar-14

rangement with a domestic entity may not recover 15

the portion of the proceeds of such arrangement 16

which would likely have been derived from activities 17

or sales within the country governed by the des-18

ignated foreign authority with which such employee 19

or contractor’s protected activity relates. 20

(4) STATUTE OF LIMITATIONS.— 21

(A) IN GENERAL.—No action may be com-22

menced pursuant to this subsection more than 23

the later of— 24

(i) 5 years after the date on which the 25

violation occurs; or 26

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(ii) 3 years after the date on which 1

the violation is discovered or should have 2

been discovered through exercise of reason-3

able diligence. 4

(B) TOLLING.—If an employee or con-5

tractor, or immediate family member thereof, of 6

a domestic entity is detained or otherwise sub-7

ject to coercion by a designated foreign author-8

ity prior to the expiration of the statute of limi-9

tations, such statute of limitation may be tolled 10

at the discretion of the court, until the date 11

that is one year after such detention or coercion 12

concluded. 13

(5) SUMMARY JUDGMENT.—In an action under 14

this subsection, a court may not grant a motion for 15

summary judgment made by a domestic entity solely 16

based on a document or other evidence produced 17

solely by the domestic entity that describes the enti-18

ty’s alleged reason for taking adverse action against 19

an employee or contractor. 20

(6) RULE OF CONSTRUCTION.—The private 21

right of action under this subsection is in addition 22

to any other right or remedy under Federal or State 23

law. 24

(b) FEDERAL AND STATE ENFORCEMENT.— 25

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(1) FEDERAL ENFORCEMENT.— 1

(A) JUDICIAL ENFORCEMENT.—The Sec-2

retary of Labor or the Equal Employment Op-3

portunity Commission may petition any appro-4

priate district court of the United States for 5

temporary or permanent injunctive relief if the 6

Secretary or Commission determines that sub-7

section (a) or (b) of section 3 of this Act has 8

been violated. 9

(B) CIVIL PENALTY.— 10

(i) IN GENERAL.—Any domestic entity 11

who commits a violation of this Act may be 12

assessed a civil money penalty by either 13

the Secretary of Labor or the Equal Em-14

ployment Opportunity Commission, but not 15

both, of not more than the greater of— 16

(I) $100,000 for each violation 17

constituting other adverse action 18

against any employee or contractor 19

with respect to his or her compensa-20

tion, terms, conditions, or privileges of 21

employment or contract; 22

(II) $250,000 for each violation 23

involving the discharge, suspension, 24

cessation of contract with, or failure 25

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to pursue future contracts with any 1

employee or contractor; or 2

(III) $1,000,000 for each willful 3

violation involving the discharge or 4

termination of a United States person 5

who is an employee or contractor, un-6

dertaken— 7

(aa) at the explicit direction 8

of a political, diplomatic, or intel-9

ligence official or element of a 10

designated foreign authority; 11

(bb) with actual knowledge 12

of the prohibitions under this 13

Act; and 14

(cc) in connection with 15

peaceful protected activity which 16

could be reasonably understood 17

to align with the foreign policy or 18

national security interests of the 19

United States. 20

(ii) FACTORS TO CONSIDER.—In de-21

termining the amount of any penalty to be 22

assessed, the Secretary or Commission 23

shall take into account— 24

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(I) the previous record of the do-1

mestic entity in terms of compliance 2

with this Act, or any other Federal, 3

State, or local statutes or regulations 4

which seek to combat foreign influ-5

ence over domestic activities; 6

(II) whether the violation was 7

willful; 8

(III) the gravity of the violation; 9

(IV) the size of the domestic en-10

tity, and any secondary implications 11

of a large penalty on its workforce; 12

and 13

(V) the nature of the protected 14

activity, including the diplomatic rela-15

tionship between the United States 16

and the country governed by a des-17

ignated foreign authority with which 18

the protected activity relates. 19

(iii) HEARING, APPEAL, AND ADDI-20

TIONAL MATTERS.— 21

(I) AGENCY OR COMMISSION 22

HEARING.—The domestic entity as-23

sessed shall be afforded an oppor-24

tunity for agency or commission hear-25

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ing, upon request made within thirty 1

days after the date of issuance of the 2

notice of assessment. If a hearing is 3

requested, the initial decision shall be 4

made by an administrative law judge, 5

and such decision shall become the 6

final order unless the Secretary or 7

Commission modifies or vacates the 8

decision. Notice of intent to modify or 9

vacate the decision of the administra-10

tive law judge shall be issued to the 11

parties within thirty days after the de-12

cision of the administrative law judge. 13

(II) APPEAL.—Any domestic en-14

tity against whom an order imposing 15

a civil money penalty has been entered 16

after a hearing under this section may 17

obtain review by the United States 18

district court for any district in which 19

it is located or the United States dis-20

trict court for the District of Colum-21

bia by filing a notice of appeal in such 22

court within 30 days from the date of 23

such order, and simultaneously send-24

ing a copy of such notice by registered 25

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mail to the Secretary or Commission. 1

The Secretary or Commission shall 2

promptly certify and file in such court 3

the record upon which the penalty was 4

imposed. If any domestic entity fails 5

to pay an assessment after it has be-6

come a final and unappealable order, 7

or after the court has entered final 8

judgment in favor of the agency or 9

commission, the Secretary or Commis-10

sion shall refer the matter to the At-11

torney General, who shall recover the 12

amount assessed by action in the ap-13

propriate United States district court. 14

(III) PAYMENT OF PENALTY.— 15

All penalties collected under authority 16

of this section shall be paid into the 17

Treasury of the United States. 18

(2) FEDERAL ENFORCEMENT ACCOUNT-19

ABILITY.—On an annual basis, the President shall 20

make publicly available a report, which may contain 21

a classified annex, containing a list of all Federal 22

enforcement actions undertaken pursuant to this Act 23

in the prior year by— 24

(A) the Department of Labor; 25

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(B) the Equal Employment Opportunity 1

Commission; and 2

(C) such other bodies which the President 3

determines appropriate for enforcing the provi-4

sions of this Act. 5

(3) STATE ENFORCEMENT.—If the attorney 6

general of a State has reason to believe that an in-7

terest of the residents of the State has been or is 8

being threatened or adversely affected by a practice 9

or action that violates section 3, the attorney general 10

of the State may, as parens patriae, bring a civil ac-11

tion on behalf of the residents of the State in an ap-12

propriate district court of the United States to ob-13

tain appropriate relief. 14

(c) VENUE.—An action under this section may be 15

brought in— 16

(1) the district court of the United States that 17

meets applicable requirements relating to venue 18

under section 1391 of title 28, United States Code; 19

or 20

(2) another court of competent jurisdiction. 21

SEC. 5. DEFINITIONS. 22

In this Act: 23

(1) PROTECTED ACTIVITY GENERALLY.—The 24

term ‘‘protected activity’’ means protected action, 25

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protected inaction, or enhanced China-related pro-1

tected activity, except that such term does not in-2

clude any activity that— 3

(A)(i) in the case of an activity that takes 4

place in the United States, violates a Federal 5

law or regulation (or advocates for any such ac-6

tivity which constitutes a Federal felony of-7

fense); 8

(ii) in the case of an activity that takes 9

place outside of the United States, would vio-10

late such a Federal law or regulation had the 11

activity been conducted in the United States (or 12

advocates for any such activity that constitutes 13

a Federal felony offense); or 14

(iii) in the case of an activity that takes 15

place in a State, territory, or unit of local gov-16

ernment and involves an act that constitutes a 17

felony offense, violates a State law, territorial 18

law, or local ordinance that prohibits such an 19

act or advocates for such activity; 20

(B) undermines or inherently conflicts with 21

an outcome or objective that such employee or 22

contractor ordinarily aims to achieve in their of-23

ficial employment or contractual capacity, and 24

achieving such an outcome or objective is a rea-25

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•HR 5830 IH

sonably central component of such employee or 1

contractor’s typical responsibilities; 2

(C) is undertaken by an employee or con-3

tractor who routinely conducts work on behalf 4

of a domestic entity whose principal and over-5

riding purpose is advocating for or otherwise 6

furthering outcomes or objectives of a des-7

ignated foreign government or entity (including 8

a domestic entity registered under the Foreign 9

Agents Registration Act of 1938), which are 10

fundamentally opposed to a principal desired 11

outcome or objective of the activity; 12

(D) is undertaken with the intent to, or 13

the reasonably foreseeable effect of, denigrating 14

a person or class of persons on the basis of any 15

protected characteristic which is subject to any 16

employment protections enforceable by the 17

Equal Employment Opportunity Commission or 18

an analogous state or territorial agency of any 19

state or territory in the United States; or 20

(E) the average person applying contem-21

porary community standards of the United 22

States would determine to be, taken as a whole, 23

patently obscene and lacking in serious political, 24

literary, artistic, or scientific value. 25

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(2) PROTECTED ACTION.—The term ‘‘protected 1

action’’ means— 2

(A) any speech, conduct, or other advocacy 3

related to a designated foreign government or 4

entity’s actual, historic, or potential current or 5

future gross violation of internationally recog-6

nized human rights (as such term is defined in 7

section 502B(d) of the Foreign Assistance Act 8

of 1961 (22 U.S.C. 2304(d))), or such govern-9

ment or entity’s facilitation or support of, or 10

activities related to, such a violation; 11

(B) any speech, conduct, or other advocacy 12

related to political, social, or similarly sensitive 13

matters, provided such matters generally relate 14

to conditions or practices within a country gov-15

erned by a designated foreign authority, or do-16

mestic or international policies of a designated 17

foreign government or entity, on which such 18

designated foreign authority censors or imposes 19

official or unofficial publishing or advocacy re-20

strictions (including but not limited to religious 21

activities, cultural activities, territorial claims, 22

sovereignty status, political leaders, internal 23

party dynamics, alleged abuses of power, and 24

corruption), if such censorship or restriction 25

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would be unconstitutional or otherwise unlawful 1

if implemented in the United States by the 2

United States Government; 3

(C) any speech, conduct, or other advocacy 4

related to the international activities of a des-5

ignated foreign authority, or any designated 6

foreign authority-affiliated entity or designated 7

agent of influence acting on its behalf, which 8

may result in imprisonment or other official or 9

unofficial sanction if undertaken in such coun-10

try (including but not limited to licit or illicit 11

transfers of technology, overt, covert, or clan-12

destine action, or overseas influence or disinfor-13

mation campaigns); 14

(D) any speech, conduct, or other advocacy 15

contesting, purposefully or incidentally, a pre-16

ferred governmental narrative of a designated 17

foreign authority with respect to historical or 18

current events (including but not limited to the 19

creation or use of maps or other geographic 20

identifiers which depict disputed territories or 21

describe disputed territorial classifications); 22

(E) any speech, conduct, or other advocacy 23

regarding senior officials of a designated for-24

eign authority on the basis of decisions or ac-25

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•HR 5830 IH

tions undertaken in such official’s official or 1

personal capacity; or 2

(F) the provision by an employee or con-3

tractor of financial or in-kind support, using ex-4

clusively resources other than resources of an 5

employing or contracting domestic entity which 6

has not provided consent for such use, to any 7

person engaging in an activity which would con-8

stitute protected activity if the employee or con-9

tractor personally engaged in such activity. 10

(3) PROTECTED INACTION.—The term ‘‘pro-11

tected inaction’’ means refraining from or refusing 12

to undertake activity, including nonexcepted activity 13

conducted in an employee or contractor’s official ca-14

pacity, on the basis of sincerely held philosophical, 15

ethical, or patriotic objections, that— 16

(A) counters or otherwise inhibits pro-17

tected action or enhanced China-related pro-18

tected activity, even if such activity occurs 19

abroad; 20

(B) facilitates or supports a human rights 21

violation of a designated foreign government or 22

entity; or 23

(C) facilitates or supports an overseas 24

propaganda or disinformation effort of a des-25

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•HR 5830 IH

ignated foreign authority or designated agent of 1

influence, provided that the activity which the 2

employee or contractor refrained from or re-3

fused to undertake has the direct and foresee-4

able impact of meaningfully, or the intent of 5

reasonably directly, contributing to a matter de-6

scribed in subparagraph (A), (B), or (C). 7

(4) ENHANCED CHINA-RELATED PROTECTED 8

ACTIVITY.—The term ‘‘enhanced China-related pro-9

tected activity’’ means any speech, conduct, or other 10

advocacy, which is not protected action or protected 11

inaction, and which relates to— 12

(A) actions of the government or ruling 13

party of the People’s Republic of China, or any 14

special administrative region or equivalent re-15

gion, to restrict, limit, or otherwise inhibit free-16

dom of speech or assembly, freedom of religion, 17

or other fundamental human rights or free-18

doms, including through arbitrary detention, 19

pervasive surveillance, or censorship; 20

(B) any aspect of a public policy debate 21

within the United States which can reasonably 22

be understood to predominantly pertain to 23

China, or the relationship between the United 24

States and any country or countries in the 25

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21 

•HR 5830 IH

Indo-Pacific region, with respect to which the 1

government or ruling party of the People’s Re-2

public of China has lobbied or otherwise sought 3

to encourage or discourage elected or appointed 4

officials of the United States from pursuing or 5

implementing a particular policy; or 6

(C) revealing or otherwise discussing ma-7

lign international activities (including cyberat-8

tacks, unfair trade practices, intellectual prop-9

erty violations, influence or disinformation cam-10

paigns, illicit data collection efforts, and global 11

surveillance or censorship efforts) of the govern-12

ment, ruling party, or any affiliated commercial 13

enterprise of the People’s Republic of China. 14

(5) COUNTRY OF CONCERN.—The term ‘‘coun-15

try of concern’’ means— 16

(A) China, including any special adminis-17

trative regions or equivalent regions, but ex-18

cluding, Taiwan for so long as such remains 19

governed in a distinct and separate manner; or 20

(B) any other country, provided such coun-21

try is not a member of the North Atlantic Trea-22

ty Organization (NATO), a major non-NATO 23

ally designated under section 517 of the For-24

eign Assistance Act of 1961 (22 U.S.C. 2321k), 25

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22 

•HR 5830 IH

a strategic partner of the United States, or a 1

member, as of the date of enactment of this 2

Act, of the Organisation for Economic Co-oper-3

ation and Development, which the President 4

publicly certifies to Congress on an annual 5

basis— 6

(i) seeks, or consistently sought within 7

the prior 10 years, to restrict protected ac-8

tivities of employees or contractors or oth-9

erwise meaningfully inhibit or alter the do-10

mestic speech of domestic entities on topics 11

subject to the protections of this Act; 12

(ii) poses a legitimate risk of under-13

mining official United States foreign policy 14

objectives, furthering gross violations of 15

international recognized human rights (as 16

such term is defined in section 502B(d) of 17

the Foreign Assistance Act of 1961 (22 18

U.S.C. 2304(d)), or interfering with the 19

open debate and discussion of topics re-20

lated to such country, by virtue of the ac-21

tual or attempted actions described in 22

clause (i); and 23

(iii) is— 24

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23 

•HR 5830 IH

(I) designated as a country of 1

particular concern for religious free-2

dom pursuant to section 402(b)(1) of 3

the International Religious Freedom 4

Act of 1998 (22 U.S.C. 6442(b)(1)); 5

(II) a country sanctioned under 6

the Chemical and Biological Weapons 7

Control and Warfare Elimination Act 8

of 1991 (22 U.S.C. 5601 et seq.), or 9

which was sanctioned under such Act 10

at any point of time prior to the date 11

of enactment of this Act; or 12

(III) a country the government of 13

which the Secretary of State deter-14

mines has repeatedly provided support 15

for acts of international terrorism for 16

purposes of section 1754(c) of the Ex-17

port Control Reform Act of 2018 (50 18

U.S.C. 4813(c)), section 620A of the 19

Foreign Assistance Act of 1961 (22 20

U.S.C. 2371), or section 40 of the 21

Arms Export Control Act (22 U.S.C. 22

2780). 23

(6) DESIGNATED FOREIGN GOVERNMENTS AND 24

ENTITIES.—The term ‘‘designated foreign govern-25

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24 

•HR 5830 IH

ment or entity’’ means any designated foreign au-1

thority, designated foreign authority-affiliated entity, 2

or designated agent of influence. 3

(7) DESIGNATED FOREIGN AUTHORITY.—The 4

term ‘‘designated foreign authority’’ means any gov-5

ernment or governmental element, or political party 6

or party element exercising substantial control or in-7

fluence over government functions or decision mak-8

ing, or government or party official of a country of 9

concern. 10

(8) DESIGNATED FOREIGN AUTHORITY-AFFILI-11

ATED ENTITY.—The term ‘‘designated foreign au-12

thority-affiliated entity’’ means any state-owned, pri-13

vate, or otherwise non-governmental entity domiciled 14

within, based within, or having its principal place of 15

business or operations within a country of concern, 16

unless such entity is specifically exempted by order 17

of the President or his or her designee. Such term 18

shall include variable interest entities and inter-19

national subsidiaries affiliated with such designated 20

foreign authority-affiliated entities. 21

(9) DESIGNATED AGENT OF INFLUENCE.—The 22

term ‘‘designated agent of influence’’ means any do-23

mestic or international entity or person— 24

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25 

•HR 5830 IH

(A) registered under the Foreign Agents 1

Registration Act of 1938 on behalf of a des-2

ignated foreign authority or designated foreign 3

authority-affiliated entity; 4

(B) the President determines and publicly 5

certifies is otherwise acting as an overt, covert, 6

or clandestine agent of a designated foreign au-7

thority; or 8

(C) understood or reasonably suspected by 9

the domestic entity undertaking an adverse ac-10

tion or seeking to impose a contractual limita-11

tion which is prohibited under this Act to be an 12

overt, covert, or clandestine agent of a des-13

ignated foreign authority. 14

(10) DOMESTIC ENTITY.— 15

(A) IN GENERAL.—For the purposes of the 16

Act, the term ‘‘domestic entity’’ means— 17

(i) any entity, without regard to the 18

country where such entity is domiciled or 19

incorporated, that— 20

(I) conducts business or organi-21

zational activities in the United States 22

(or outside of the United States at a 23

facility that is officially or unofficially 24

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26 

•HR 5830 IH

affiliated with the United States Gov-1

ernment); or 2

(II) pays salary, wages, or other 3

compensation for work performed in 4

the United States or that has control 5

over employment or contracting op-6

portunities in the United States; and 7

(ii) the Federal Government. 8

(B) LIMITED FEDERAL EXCLUSION AU-9

THORITY.—The President may, upon 90 days 10

prior notice to Congress, exclude a component 11

of a Federal agency or the Armed Forces, or a 12

corporate contractor thereof, from the definition 13

under this paragraph, to the extent such exclu-14

sion is in the interests of United States foreign 15

policy or national security. 16

(11) EMPLOYEE.—The term ‘‘employee’’ means 17

any person, including supervisors, employed in a cov-18

ered context by a domestic entity. 19

(12) CONTRACTOR.—The term ‘‘contractor’’ 20

means an individual who provides work in a covered 21

context for a domestic entity under the terms of an 22

independent contract with such domestic entity or 23

an individual who uses a loan-out corporation or 24

similar corporate structure to facilitate such work. 25

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27 

•HR 5830 IH

(13) COVERED CONTEXTS.—The term ‘‘covered 1

context’’ means employment or contractual activities 2

which— 3

(A) occur within the United States (includ-4

ing any overseas Federal facilities thereof), re-5

gardless of the nationality, citizenship, domicile, 6

or place of incorporation of the employee, con-7

tractor, or domestic entity; or 8

(B) are conducted by an employee or con-9

tractor of a domestic entity who typically per-10

forms work within the United States, regardless 11

of whether such employee or contractor handles 12

matters of an international nature or is tempo-13

rarily assigned to a foreign jurisdiction for a 14

period of 6 months or less (except to the extent 15

such activity relates to official overseas travel to 16

a country of concern exempted from the prohi-17

bition on retaliation pursuant to section 3 of 18

this Act). 19

SEC. 6. ANNUAL REPORTING ON CENSORSHIP OF FREE 20

SPEECH WITH RESPECT TO INTERNATIONAL 21

ABUSES OF HUMAN RIGHTS. 22

Section 116(d) of the Foreign Assistance Act (22 23

U.S.C. 2151n(d)) is amended— 24

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28 

•HR 5830 IH

(1) in paragraph (11)(C), by striking ‘‘and’’ at 1

the end; 2

(2) in paragraph (12)(C)(ii), by striking the pe-3

riod at the end and inserting a semicolon; and 4

(3) by adding at the end the following: 5

‘‘(13) wherever applicable, each instance in 6

which each country has attempted to extraterritori-7

ally intimidate or pressure a company or entity to 8

censor or self-censor the speech of its employees, 9

contractors, customers, or associated staff with re-10

gards to the abuse of human rights in such country, 11

or sought retaliation against such employees or con-12

tractors for the same, including any instance in 13

which the government of China has sought to 14

extraterritorially censor or punish speech that is oth-15

erwise legal in the United States on the topics of— 16

‘‘(A) repression and violation of funda-17

mental freedoms in Hong Kong; 18

‘‘(B) repression and persecution of reli-19

gious and ethnic minorities in China, including 20

in the Xinjiang Uyghur Autonomous Region 21

and the Tibet Autonomous Region; 22

‘‘(C) efforts to proliferate and use surveil-23

lance technologies to surveil activists, journal-24

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29 

•HR 5830 IH

ists, opposition politicians, or to profile persons 1

of different ethnicities; and 2

‘‘(D) other gross violations of human 3

rights; and 4

‘‘(14) wherever applicable, each instance in 5

which a company or entity located in or based in a 6

third country has censored or self-censored the 7

speech of its employees, contractors, customers, or 8

associated staff on the topic of abuse of human 9

rights in each country or sought to retaliate against 10

such employees for the same, due to intimidation or 11

pressure from or the fear of intimidation by the for-12

eign government.’’. 13

Æ 

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Picture Name From Date Type
Yvette Clarke D-NY 02/10/2020 Sponsor
Brad Sherman D-CA 02/10/2020 Cosponsor
Tom Malinowski D-NJ 02/10/2020 Cosponsor
Mike Gallagher R-WI 02/10/2020 Cosponsor
Jim Banks R-IN 02/10/2020 Cosponsor
Date Branch Action
02/10/2020 President Referred to the Committee on Education and Labor, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.Action By: House of Representatives
02/10/2020 President Introduced in HouseAction By: House of Representatives
Summary
Congress - Bill Number Major Title
Branch Vote Date Yes No Not Voting
Wiki







Bill TEXT Points.
This Bill has been listed with the following Subjects from Texts:
Age
(iii)Hearing, appeal, and additional matters(I)Agency or commission hearingThe domestic entity assessed shall be afforded an opportunity for agency or commission hearing, upon request made within thirty days after the date of issuance of the notice of assessment

Chinese
Banks) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo protect American workers and enterprises from Chinese and other foreign efforts to extraterritorially censor free speech and inhibit lawful advocacy, and for other

Costs
(2)CostsThe court shall award a prevailing plaintiff costs and fees, including reasonable attorney’s fees and expert witness fees

Department of Labor
(2)Federal enforcement accountabilityOn an annual basis, the President shall make publicly available a report, which may contain a classified annex, containing a list of all Federal enforcement actions undertaken pursuant to this Act in the prior year by—(A)the Department of Labor;(B)the Equal Employment Opportunity Commission; and(C)such other bodies which the President determines appropriate for enforcing the provisions of this Act


End Bill TEXT Points.
Date Bill Major Title
Committee Name
Subject Type