Sec. 4. Enforcement

1,059 words·~5 min read·/bill/116/hr/5830/ih/section-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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. The court shall award a prevailing plaintiff costs and fees, including reasonable attorney’s fees and expert witness fees. 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.

No action may be commenced pursuant to this subsection more than the later of— 5 years after the date on which the violation occurs; or 3 years after the date on which the violation is discovered or should have been discovered through exercise of reasonable diligence. 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.

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. The private right of action under this subsection is in addition to any other right or remedy under Federal or State law. 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. 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— $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; $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 $1,000,000 for each willful violation involving the discharge or termination of a United States person who is an employee or contractor, undertaken— at the explicit direction of a political, diplomatic, or intelligence official or element of a designated foreign authority; with actual knowledge of the prohibitions under this Act; and 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. In determining the amount of any penalty to be assessed, the Secretary or Commission shall take into account— 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; whether the violation was willful; the gravity of the violation; the size of the domestic entity, and any secondary implications of a large penalty on its workforce; and 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. 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. 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. All penalties collected under authority of this section shall be paid into the Treasury of the United States. 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— the Department of Labor; the Equal Employment Opportunity Commission; and such other bodies which the President determines appropriate for enforcing the provisions of this Act. 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. An action under this section may be brought in— the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or another court of competent jurisdiction.