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119th CONGRESS
2d Session |
To amend title 28, United States Code, to limit the enforcement of foreign censorship judgments, and for other purposes.
Mr. Rulli introduced the following bill; which was referred to the Committee on the Judiciary
To amend title 28, United States Code, to limit the enforcement of foreign censorship judgments, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Guaranteeing Rights Against Novel International Tyranny and Extortion Act” or the “GRANITE Act”.
SEC. 2. Limitation on enforcement of foreign censorship judgments.
(a) In general.—Chapter 181 of title 28, United States Code, is amended by adding at the end the following:
Ҥ 4106. Limitation on enforcement of foreign censorship judgments
“(a) Limitation on enforcement.—Notwithstanding any other provision of Federal or State law, a domestic court shall not recognize or enforce a foreign judgment, or a fine, order, or demand issued by a foreign court or a foreign state, enforcing a foreign censorship law.
“(b) Right of action.—A United States person against whom a foreign judgment described in subsection (a) is entered, or upon whom a judgment, fine, order, or demand described in subsection (a) is served or purportedly served, may bring an action in an appropriate district court of the United States seeking declaratory relief that such judgment, fine, order, or demand is unenforceable under subsection (a).
“(c) Definition.—In this section:
“(1) The term ‘foreign censorship law’ means any law of a foreign state that—
“(A) (i) has the primary purpose or substantial effect of restricting or penalizing expression, expressive conduct, or expressive association;
“(ii) targets expression, expressive conduct, or expressive association based on its content, viewpoint, or speaker identity; or
“(iii) compels disclosure that would reasonably chill that expression, expressive conduct, or expressive association; and
“(B) would conflict with the protections of the First Amendment of the United States Constitution if recognized in the United States.
“(2) The term ‘foreign state’ has the meaning given such term in section 1603.”.
(b) No sovereign immunity.—Section 1605(a) of title 28, United States Code, is amended—
(1) in paragraph (5), by striking “or” at the end;
(2) in paragraph (6), by striking the period at the end and inserting “; or”; and
(3) by adding at the end the following:
“(7) under section 4106.”.
(c) Clerical amendment.—Chapter 181 of title 28, United States Code, is amended by inserting after the item relating to section 4105 the following: