[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5830 Introduced in House (IH)]

<DOC>






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 
 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

_______________________________________________________________________

                                 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 purposes.

    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 ``Preventing Foreign CENSORSHIP in 
America Act'' or the ``Preventing the Foreign Coercive Export of Non-
consensual Speech and Orwellian Restrictions by Superpowers Hoping to 
Intimidate People in America Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Foreign governments have increasingly sought to 
        extraterritorially intimidate American and non-American 
        companies into policing media content and the free speech 
        rights of staff, employees, and other associated persons.
            (2) Because the extraterritorial advocacy for human rights 
        abroad is a core tenet of American foreign policy and central 
        to American national security, the growing extraterritorial 
        suppression of speech of persons and companies represents a 
        long-term threat to American interests.
            (3) Self-censorship by American companies and other 
        nongovernmental entities in accordance with the stated or 
        unstated wishes of foreign geopolitical rivals will only 
        encourage more of the same.
            (4) While China's economic weight affords it unique 
        leverage to seek to compel corporate self-censorship or 
        retaliation against staff expressing contrary views, including 
        the manager of a basketball team expressing support for human 
        rights, other countries such as North Korea have also sought to 
        stifle free speech through malign measures, including 
        conducting cyberattacks against a motion picture studio that 
        distributed comedic content regarding its leadership.
            (5) The United States Congress not only defends, but 
        encourages, American persons and persons within the United 
        States to be outspoken defenders of the rights of those around 
        the world standing up against repression and persecution.

SEC. 3. PROTECTING FREE SPEECH OF AMERICAN WORKERS FROM FOREIGN 
              CENSORSHIP.

    (a) Prohibition on Retaliation.--
            (1) In general.--Except as provided in paragraph (3), a 
        domestic entity may not discharge, suspend, cease contracting 
        with, or fail to pursue future contracts with, any existing 
        employee or contractor, or take any other adverse action 
        against any such employee or contractor with respect to his or 
        her compensation, terms, conditions, or privileges of 
        employment or contract, on the basis of protected activity, in 
        the case that such an adverse action was undertaken--
                    (A) because a designated foreign government or 
                entity explicitly or implicitly requests that the 
                domestic entity take such an adverse action, or the 
                domestic entity presumes that a designated foreign 
                authority would prefer such an adverse action;
                    (B) because the protected activity resulted in, or 
                has the potential to result in--
                            (i) financial, reputational, or other 
                        damage to the domestic entity's profitability 
                        or organizational prospects in a country 
                        governed by a designated foreign authority with 
                        which the protected activity relates; or
                            (ii) economic retaliation by such country; 
                        or
                    (C) in response to a protected activity which 
                constitutes protected inaction.
            (2) Good faith claims.--A domestic entity may not 
        discharge, suspend, cease contracting with, or fail to pursue 
        future contracts with, any existing employee or contractor, or 
        take any other adverse action against any such employee or 
        contractor with respect to his or her compensation, terms, 
        conditions, or privileges of employment or contract, on the 
        basis of such employee or contractor's actual or contemplated 
        assertion of any protection under this Act, provided such 
        protection was asserted in good faith.
            (3) Exceptions.--The prohibition under paragraph (1) does 
        not apply if--
                    (A) the protected activity of the employee or 
                contractor was conducted in such employee or 
                contractor's official employment or contractual 
                capacity;
                    (B) a reasonable person, considering the context or 
                content of the protected activity, would believe such 
                activity was conducted in such employee or contractor's 
                official employment or contractual capacity, and such 
                activity, if conducted in an official capacity, would 
                have been contrary to an official policy or the 
                financial or organizational interests of the domestic 
                entity; or
                    (C) the protected activity occurred--
                            (i) in the territory of a country governed 
                        by a designated foreign authority which seeks 
                        to restrict such activity; and
                            (ii) during an overseas trip or assignment 
                        such employee or contractor undertook on behalf 
                        of the domestic entity.
            (4) Rule of construction on social media.--For the purpose 
        of determining whether protected activity was conducted in an 
        employee or contractor's official capacity, protected activity 
        on a social media account or other analogous medium of 
        communication which is used both in an official and unofficial 
        capacity, shall be presumed to be used in an unofficial 
        capacity, absent clear and convincing evidence to the contrary.
    (b) Prohibition on Contractual Limitations.--A domestic entity may 
not require, as a condition of employment, contract, or any 
compensation, benefit, or privilege related to such employment or 
contract, a prospective, existing, or former employee or contractor 
to--
            (1) limit a protected activity conducted in an unofficial 
        capacity, provided such protected activity would reasonably be 
        expected to trigger the prohibition on retaliation described in 
        subsection (a); or
            (2) waive or abridge any right or cause of action under 
        this Act, including requiring an employee or contractor to 
        pursue any claims under this Act in a nonpublic or otherwise 
        confidential manner.
    (c) Nonpreemption.--Nothing in this section shall preempt any 
Federal or State law (including any local law or ordinance), contract, 
agreement, policy, plan, or practice that establishes a right or 
benefit that is more beneficial to, or is in addition to, a right or 
benefit provided to employees or contractors under this Act.

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 damages.
            (2) Costs.--The court shall award a prevailing plaintiff 
        costs and fees, including reasonable attorney'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 arrangement 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 designated foreign authority with which 
        such employee or contractor's protected activity relates.
            (4) Statute of limitations.--
                    (A) In general.--No action may be commenced 
                pursuant to this subsection more than the later of--
                            (i) 5 years after the date on which the 
                        violation occurs; or
                            (ii) 3 years after the date on which the 
                        violation is discovered or should have been 
                        discovered through exercise of reasonable 
                        diligence.
                    (B) Tolling.--If an employee or contractor, or 
                immediate family member thereof, of a domestic entity 
                is detained or otherwise subject to coercion by a 
                designated foreign authority prior to the expiration of 
                the statute of limitations, 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 
        entity'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.--
            (1) Federal enforcement.--
                    (A) Judicial enforcement.--The Secretary of Labor 
                or the Equal Employment Opportunity Commission may 
                petition any appropriate district court of the United 
                States for temporary or permanent injunctive relief if 
                the Secretary or Commission determines that subsection 
                (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 Employment 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 compensation, 
                                terms, conditions, or privileges of 
                                employment or contract;
                                    (II) $250,000 for each violation 
                                involving the discharge, suspension, 
                                cessation of contract with, or failure 
                                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, 
                                undertaken--
                                            (aa) at the explicit 
                                        direction of a political, 
                                        diplomatic, or intelligence 
                                        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 determining 
                        the amount of any penalty to be assessed, the 
                        Secretary or Commission shall take into 
                        account--
                                    (I) the previous record of the 
                                domestic entity in terms of compliance 
                                with this Act, or any other Federal, 
                                State, or local statutes or regulations 
                                which seek to combat foreign influence 
                                over domestic activities;
                                    (II) whether the violation was 
                                willful;
                                    (III) the gravity of the violation;
                                    (IV) the size of the domestic 
                                entity, and any secondary implications 
                                of a large penalty on its workforce; 
                                and
                                    (V) the nature of the protected 
                                activity, including the diplomatic 
                                relationship between the United States 
                                and the country governed by a 
                                designated foreign authority with which 
                                the protected activity relates.
                            (iii) Hearing, appeal, and additional 
                        matters.--
                                    (I) Agency or commission hearing.--
                                The 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. 
                                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 administrative law 
                                judge shall be issued to the parties 
                                within thirty days after the decision 
                                of the administrative law judge.
                                    (II) Appeal.--Any domestic entity 
                                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 district 
                                court for the District of Columbia by 
                                filing a notice of appeal in such court 
                                within 30 days from the date of such 
                                order, and simultaneously sending a 
                                copy of such notice by registered mail 
                                to the Secretary or Commission. The 
                                Secretary or Commission shall promptly 
                                certify and file in such court the 
                                record upon which the penalty was 
                                imposed. If any domestic entity fails 
                                to pay an assessment after it has 
                                become a final and unappealable order, 
                                or after the court has entered final 
                                judgment in favor of the agency or 
                                commission, the Secretary or Commission 
                                shall refer the matter to the Attorney 
                                General, who shall recover the amount 
                                assessed by action in the appropriate 
                                United States district court.
                                    (III) Payment of penalty.--All 
                                penalties collected under authority of 
                                this section shall be paid into the 
                                Treasury of the United States.
            (2) Federal enforcement accountability.--On 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.
            (3) State enforcement.--If the attorney general of a State 
        has reason to believe that an interest 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 
        action on behalf of the residents of the State in an 
        appropriate district court of the United States to obtain 
        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, protected inaction, or 
        enhanced China-related protected activity, except that such 
        term does not include 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 activity which 
                constitutes a Federal felony offense);
                    (ii) in the case of an activity that takes place 
                outside of the United States, would violate 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 government 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 official employment 
                or contractual capacity, and achieving such an outcome 
                or objective is a reasonably central component of such 
                employee or contractor's typical responsibilities;
                    (C) is undertaken by an employee or contractor who 
                routinely conducts work on behalf of a domestic entity 
                whose principal and overriding purpose is advocating 
                for or otherwise furthering outcomes or objectives of a 
                designated 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 contemporary 
                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.
            (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 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 
                such government 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 governed by a designated 
                foreign authority, or domestic 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 
                restrictions (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 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 designated 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 country (including but not limited to licit or 
                illicit transfers of technology, overt, covert, or 
                clandestine action, or overseas influence or 
                disinformation campaigns);
                    (D) any speech, conduct, or other advocacy 
                contesting, purposefully or incidentally, a preferred 
                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 foreign 
                authority on the basis of decisions or actions 
                undertaken in such official's official or personal 
                capacity; or
                    (F) the provision by an employee or contractor of 
                financial or in-kind support, using exclusively 
                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 constitute protected activity if 
                the employee or contractor personally engaged in such 
                activity.
            (3) Protected inaction.--The term ``protected inaction'' 
        means refraining from or refusing to undertake activity, 
        including nonexcepted activity conducted in an employee or 
        contractor's official capacity, on the basis of sincerely held 
        philosophical, ethical, or patriotic objections, that--
                    (A) counters or otherwise inhibits protected action 
                or enhanced China-related protected 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 designated foreign 
                authority or designated agent of influence, provided 
                that the activity which the employee or contractor 
                refrained from or refused to undertake has the direct 
                and foreseeable impact of meaningfully, or the intent 
                of reasonably directly, contributing to a matter 
                described in subparagraph (A), (B), or (C).
            (4) Enhanced china-related protected activity.--The term 
        ``enhanced China-related protected 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 region, to 
                restrict, limit, or otherwise inhibit freedom of speech 
                or assembly, freedom of religion, or other fundamental 
                human rights or freedoms, 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 Indo-Pacific region, with respect to which the 
                government or ruling party of the People's Republic 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 malign 
                international activities (including cyberattacks, 
                unfair trade practices, intellectual property 
                violations, influence or disinformation campaigns, 
                illicit data collection efforts, and global 
                surveillance or censorship efforts) of the government, 
                ruling party, or any affiliated commercial enterprise 
                of the People's Republic of China.
            (5) Country of concern.--The term ``country of concern'' 
        means--
                    (A) China, including any special administrative 
                regions or equivalent regions, but excluding, Taiwan 
                for so long as such remains governed in a distinct and 
                separate manner; or
                    (B) any other country, provided such country is not 
                a member of the North Atlantic Treaty Organization 
                (NATO), a major non-NATO ally designated under section 
                517 of the Foreign Assistance Act of 1961 (22 U.S.C. 
                2321k), 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-operation 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 
                        activities of employees or contractors or 
                        otherwise meaningfully inhibit or alter the 
                        domestic speech of domestic entities on topics 
                        subject to the protections of this Act;
                            (ii) poses a legitimate risk of undermining 
                        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 related to such 
                        country, by virtue of the actual or attempted 
                        actions described in clause (i); and
                            (iii) is--
                                    (I) designated as a country of 
                                particular concern for religious 
                                freedom 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 determines 
                                has repeatedly provided support for 
                                acts of international terrorism for 
                                purposes of section 1754(c) of the 
                                Export 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 government or entity'' means any 
        designated foreign authority, designated foreign authority-
        affiliated entity, or designated agent of influence.
            (7) Designated foreign authority.--The term ``designated 
        foreign authority'' means any government or governmental 
        element, or political party or party element exercising 
        substantial control or influence over government functions or 
        decision making, or government or party official of a country 
        of concern.
            (8) Designated foreign authority-affiliated entity.--The 
        term ``designated foreign authority-affiliated entity'' means 
        any state-owned, private, 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 international subsidiaries affiliated 
        with such designated foreign authority-affiliated entities.
            (9) Designated agent of influence.--The term ``designated 
        agent of influence'' means any domestic or international entity 
        or person--
                    (A) registered under the Foreign Agents 
                Registration Act of 1938 on behalf of a designated 
                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 authority; or
                    (C) understood or reasonably suspected by the 
                domestic entity undertaking an adverse action or 
                seeking to impose a contractual limitation which is 
                prohibited under this Act to be an overt, covert, or 
                clandestine agent of a designated 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 
                                organizational activities in the United 
                                States (or outside of the United States 
                                at a facility that is officially or 
                                unofficially affiliated with the United 
                                States Government); or
                                    (II) pays salary, wages, or other 
                                compensation for work performed in the 
                                United States or that has control over 
                                employment or contracting opportunities 
                                in the United States; and
                            (ii) the Federal Government.
                    (B) Limited federal exclusion authority.--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 
                exclusion 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 covered 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.
            (13) Covered contexts.--The term ``covered context'' means 
        employment or contractual activities which--
                    (A) occur within the United States (including any 
                overseas Federal facilities thereof), regardless of the 
                nationality, citizenship, domicile, or place of 
                incorporation of the employee, contractor, or domestic 
                entity; or
                    (B) are conducted by an employee or contractor of a 
                domestic entity who typically performs work within the 
                United States, regardless of whether such employee or 
                contractor handles matters of an international nature 
                or is temporarily 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 prohibition 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--
            (1) in paragraph (11)(C), by striking ``and'' at the end;
            (2) in paragraph (12)(C)(ii), by striking the period 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 extraterritorially intimidate or 
        pressure a company or entity to censor or self-censor the 
        speech of its employees, contractors, customers, or associated 
        staff with regards to the abuse of human rights in such 
        country, or sought retaliation against such employees or 
        contractors for the same, including any instance in which the 
        government of China has sought to extraterritorially censor or 
        punish speech that is otherwise legal in the United States on 
        the topics of--
                    ``(A) repression and violation of fundamental 
                freedoms in Hong Kong;
                    ``(B) repression and persecution of religious and 
                ethnic minorities in China, including in the Xinjiang 
                Uyghur Autonomous Region and the Tibet Autonomous 
                Region;
                    ``(C) efforts to proliferate and use surveillance 
                technologies to surveil activists, journalists, 
                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 foreign 
        government.''.
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