[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5511 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5511

 To amend title 28, United States Code, to ensure that the validity of 
  foreign judgments against United States citizens is adjudicated in 
                            Federal courts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2006

 Mr. Rohrabacher introduced the following bill; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 28, United States Code, to ensure that the validity of 
  foreign judgments against United States citizens is adjudicated in 
                            Federal courts.

    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 Fair Enforcement of Foreign 
Judgments Amendment of 2006''.

SEC. 2. DIVERSITY JURISDICTION.

    Section 1332 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(f)(1) The district court shall have original and exclusive 
jurisdiction of any action to enforce a foreign judgment against a 
citizen of the United States, in which the matter in controversy 
exceeds the sum or value of $75,000, exclusive of interest and costs, 
and in which--
            ``
            ``(A) any plaintiff is a citizen of a State different from 
        any defendant;
            ``(B) any plaintiff is a foreign state or a citizen or 
        subject of a foreign state and any defendant is a citizen of a 
        State; or
            ``(C) any plaintiff is a citizen of a State and any 
        defendant is a foreign state or a citizen or subject of a 
        foreign state.
    ``(2) For purposes of this subsection, the term `foreign judgment' 
means any judgment or order of the court of a foreign state granting or 
denying a sum of money, or determining a legal controversy.''.

SEC. 3. REMOVAL.

    (a) In General.--Chapter 89 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 1454. Removal of actions to enforce foreign judgements.
    ``An action to enforce a foreign judgment over which a district 
court may exercise jurisdiction under section 1332(f) may be removed to 
a district court of the United States in accordance with section 1446, 
without regard to whether any defendant is a citizen of the State in 
which the action is brought, except that such action may be removed by 
any defendant without the consent of all defendants.''.
    (b) Conforming Amendment.--The table of sections for chapter 89 of 
title 28, United States Code, is amended by adding at the end the 
following new item:

``1454.  Renewal of actions to enforce foreign judgments.''.

SEC. 4. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date of enactment of this Act, and shall apply to any action to 
enforce a foreign judgment against a citizen of the United States that 
is brought on or after March 1, 2006.
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