109 HR 5511 IH: The Fair Enforcement of Foreign Judgments Amendment of U.S. House of Representatives 2006-05-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5511 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.

1.

Short title

This Act may be cited as The Fair Enforcement of Foreign Judgments Amendment of 2006.

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. .

3.

Removal

(a)

In general

Chapter 89 of title 28, United States Code, is amended by adding at the end the following:

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. .

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.