[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3394 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3394

  To prevent the undermining of the judgments of courts of the United 
           States by foreign courts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2008

 Mr. Sununu (for himself and Mr. Gregg) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To prevent the undermining of the judgments of courts of the United 
           States by foreign courts, 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. UNENFORCEABILITY OF CERTAIN FOREIGN JUDGMENTS.

    (a) Definitions.--In this Act:
            (1) Antidumping act of 1916.--The term ``Antidumping Act of 
        1916'' means section 801 of the Act entitled ``An Act to 
        increase the revenue, and for other purposes'', approved 
        September 8, 1916 (39 Stat. 798, chapter 463), and repealed by 
        section 2006 of the Miscellaneous Trade and Technical 
        Corrections Act of 2004 (Public Law 108-429; 118 Stat. 2597).
            (2) Foreign defendant.--The term ``foreign defendant'' 
        means a person against which a court of the United States has 
        entered a final judgment under the Antidumping Act of 1916.
            (3) United states plaintiff.--The term ``United States 
        plaintiff'' means a person that obtains damages pursuant to a 
        final judgment of a court of the United States under the 
        Antidumping Act of 1916.
    (b) Unenforceability of Certain Foreign Judgments.--A judgment of a 
foreign court or agency under a foreign statute described in subsection 
(c) that requires a United States plaintiff or an affiliate of a United 
States plaintiff to pay damages to a foreign defendant may not be 
enforced by any Federal or State agency, department, or court.
    (c) Foreign Statute Described.--A foreign statute described in this 
subsection is a statute of a foreign country that has the effect of 
nullifying all or part of a final judgment of a court of the United 
States under the Antidumping Act of 1916 by enabling a foreign 
defendant that has paid damages pursuant to such judgment to recover 
any portion of such damages from the United States plaintiff or an 
affiliate of the United States plaintiff.
    (d) Civil Action for Damages.--
            (1) In general.--A United States plaintiff or an affiliate 
        of a United States plaintiff held liable, or required to 
        forfeit or pay damages, pursuant to a foreign judgment 
        described in subsection (b) may file a civil action against the 
        foreign defendant that obtained damages pursuant to the foreign 
        judgment. The action may be filed in the district court of the 
        United States that issued the final judgment with respect to 
        the United States plaintiff under the Antidumping Act of 1916.
            (2) Damages.--A United States plaintiff or an affiliate of 
        a United States plaintiff that files a civil action under 
        paragraph (1) shall be entitled to recover--
                    (A) an amount equal to the damages obtained by the 
                foreign defendant from the United States plaintiff or 
                an affiliate of a United States plaintiff pursuant to 
                the foreign judgment, including any interest; and
                    (B) any related costs, including reasonable 
                attorneys' fees.
    (e) Effective Date.--This section shall apply to with respect to 
foreign judgments described in subsection (b) entered on or after 
December 3, 2004.
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