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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2765 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 2765

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2009

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
  To amend title 28, United States Code, to prohibit recognition and 
    enforcement of foreign defamation judgments and certain foreign 
   judgments against the providers of interactive computer services.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RECOGNITION OF FOREIGN DEFAMATION JUDGMENTS.

    (a) In General.--Part VI of title 28, United States Code, is 
amended by adding at the end the following:

                    ``CHAPTER 181--FOREIGN JUDGMENTS

``Sec.
``4101. Definitions.
``4102. Recognition of foreign defamation judgments.
``4103. Attorneys' fees.
``Sec. 4101. Definitions
    ``In this chapter:
            ``(1) Domestic court.--The term `domestic court' means a 
        Federal court or a court of any State.
            ``(2) Foreign court.--The term `foreign court' means a 
        court, administrative body, or other tribunal of a foreign 
        country.
            ``(3) Foreign judgment.--The term `foreign judgment' means 
        a final judgment rendered by a foreign court.
            ``(4) State.--The term `State' means each of the several 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.
``Sec. 4102. Recognition of foreign defamation judgments
    ``(a) First Amendment Considerations.--Notwithstanding any other 
provision of Federal or State law, a domestic court shall not recognize 
or enforce a foreign judgment for defamation whenever the party 
opposing recognition or enforcement of the judgment claims that the 
judgment is inconsistent with the first amendment to the Constitution 
of the United States, unless the domestic court determines that the 
judgment is consistent with the first amendment. The burden of 
establishing that the foreign judgment is consistent with the first 
amendment shall lie with the party seeking recognition or enforcement 
of the judgment.
    ``(b) Jurisdictional Considerations.--Notwithstanding any other 
provision of Federal or State law, a domestic court shall not recognize 
or enforce a foreign judgment for defamation if the party opposing 
recognition or enforcement establishes that the exercise of personal 
jurisdiction over such party by the foreign court that rendered the 
judgment failed to comport with the due process requirements imposed on 
domestic courts by the Constitution of the United States.
    ``(c) Judgment Against Provider of Interactive Computer Service.--
Notwithstanding any other provision of Federal or State law, a domestic 
court shall not recognize or enforce a foreign judgment for defamation 
against the provider of an interactive computer service, as defined in 
section 230 of the Communications Act of 1934 (47 U.S.C. 230), whenever 
the party opposing recognition or enforcement of the judgment claims 
that the judgment is inconsistent with such section 230, unless the 
domestic court determines that the judgment is consistent with such 
section 230. The burden of establishing that the foreign judgment is 
consistent with such section 230 shall lie with the party seeking 
recognition or enforcement of the judgment.
    ``(d) Appearances Not a Bar.--An appearance by a party in a foreign 
court rendering a foreign judgment to which this section applies for 
the purpose of contesting the foreign court's exercise of jurisdiction 
in the case, moving the foreign court to abstain from exercising 
jurisdiction in the case, defending on the merits any claims brought 
before the foreign court, or for any other purpose, shall not deprive 
such party of the right to oppose the recognition or enforcement of the 
judgment under this section.
``Sec. 4103. Attorneys' fees
    ``In any action brought in a domestic court to enforce a foreign 
judgment for defamation, the court may allow the party opposing 
recognition or enforcement of the judgment a reasonable attorney's fee 
if such party prevails in the action on a ground specified in 
subsection (a), (b), or (c) of section 4102.''.
    (b) Clerical Amendment.--The table of chapters for part VI of title 
28, United States Code, is amended by adding at the end the following:

``181. Foreign Judgments....................................    4101''.

            Passed the House of Representatives June 15, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```