(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. Removal.
``4104. Declaratory judgments.
``4105. Attorney's fees.
``Sec. 4101. Definitions
``In this chapter:
``(1) Defamation.--The term `defamation' means any action or
other proceeding for defamation, libel, slander, or similar
claim alleging that forms of speech are false, have caused
damage to reputation or emotional distress, have presented any
person in a false light, or have resulted in criticism,
dishonor, or condemnation of any person.
``(2) Domestic court.--The term `domestic court' means a
Federal court or a court of any State.
``(3) Foreign court.--The term `foreign court' means a
court, administrative body, or other tribunal of a foreign
country.
``(4) Foreign judgment.--The term `foreign judgment' means a
final judgment rendered by a foreign court.
``(5) State.--The term `State' means each of the several
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(6) United states person.--The term `United States person'
means--
``(A) a United States citizen;
``(B) an alien lawfully admitted for permanent
residence to the United States;
``(C) an alien lawfully residing in the United
States at the time that the speech that is the subject
of the foreign defamation action was researched,
prepared, or disseminated; or
``(D) a business entity incorporated in, or with its
primary location or place of operation in, the United
States.
``Sec. 4102. Recognition of foreign defamation judgments
``(a) First Amendment Considerations.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, a domestic court shall not recognize or
enforce a foreign judgment for defamation unless the domestic
court determines that--
``(A) the defamation law applied in the foreign
court's adjudication provided at least as much
protection for freedom of speech and press in that case
as would be provided by the first amendment to the
Constitution of the United States and by the
constitution and law of the State in which the domestic
court is located; or
[[Page 124 STAT. 2482]]
``(B) even if the defamation law applied in the
foreign court's adjudication did not provide as much
protection for freedom of speech and press as the first
amendment to the Constitution of the United States and
the constitution and law of the State, the party
opposing recognition or enforcement of that foreign
judgment would have been found liable for defamation by
a domestic court applying the first amendment to the
Constitution of the United States and the constitution
and law of the State in which the domestic court is
located.
``(2) Burden of establishing application of defamation
laws.--The party seeking recognition or enforcement of the
foreign judgment shall bear the burden of making the showings
required under subparagraph (A) or (B).
``(b) Jurisdictional Considerations.--
``(1) In general.--Notwithstanding any other provision of
Federal or State law, a domestic court shall not recognize or
enforce a foreign judgment for defamation unless the domestic
court determines that the exercise of personal jurisdiction by
the foreign court comported with the due process requirements
that are imposed on domestic courts by the Constitution of the
United States.
``(2) Burden of establishing exercise of jurisdiction.--The
party seeking recognition or enforcement of the foreign judgment
shall bear the burden of making the showing that the foreign
court's exercise of personal jurisdiction comported with the due
process requirements that are imposed on domestic courts by the
Constitution of the United States.
``(c) Judgment Against Provider of Interactive Computer Service.--
``(1) In general.--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) unless the
domestic court determines that the judgment would be consistent
with section 230 if the information that is the subject of such
judgment had been provided in the United States.
``(2) Burden of establishing consistency of judgment.--The
party seeking recognition or enforcement of the foreign judgment
shall bear the burden of establishing that the judgment is
consistent with section 230.
``(d) Appearances Not a Bar.--An appearance by a party in a foreign
court rendering a foreign judgment to which this section applies shall
not deprive such party of the right to oppose the recognition or
enforcement of the judgment under this section, or represent a waiver of
any jurisdictional claims.
``(e) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) affect the enforceability of any foreign judgment
other than a foreign judgment for defamation; or
``(2) limit the applicability of section 230 of the
Communications Act of 1934 (47 U.S.C. 230) to causes of action
for defamation.
[[Page 124 STAT. 2483]]
``Sec. 4103. Removal
``In addition to removal allowed under section 1441, any action
brought in a State domestic court to enforce a foreign judgment for
defamation in which--
``(1) any plaintiff is a citizen of a State different from
any defendant;
``(2) 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
``(3) any plaintiff is a citizen of a State and any
defendant is a foreign state or citizen or subject of a foreign
state,
may be removed by any defendant to the district court of the United
States for the district and division embracing the place where such
action is pending without regard to the amount in controversy between
the parties.
``Sec. 4104. Declaratory judgments
``(a) Cause of Action.--
``(1) In general.--Any United States person against whom a
foreign judgment is entered on the basis of the content of any
writing, utterance, or other speech by that person that has been
published, may bring an action in district court, under section
2201(a), for a declaration that the foreign judgment is
repugnant to the Constitution or laws of the United States. For
the purposes of this paragraph, a judgment is repugnant to the
Constitution or laws of the United States if it would not be
enforceable under section 4102 (a), (b), or (c).
``(2) Burden of establishing unenforceability of judgment.--
The party bringing an action under paragraph (1) shall bear the
burden of establishing that the foreign judgment would not be
enforceable under section 4102 (a), (b), or (c).
``(b) Nationwide Service of Process.--Where an action under this
section is brought in a district court of the United States, process may
be served in the judicial district where the case is brought or any
other judicial district of the United States where the defendant may be
found, resides, has an agent, or transacts business.
``Sec. 4105. Attorneys' fees
``In any action brought in a domestic court to enforce a foreign
judgment for defamation, including any such action removed from State
court to Federal court, the domestic court shall, absent exceptional
circumstances, 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 section 4102 (a), (b), or (c).''.
(b) Sense of Congress.--It is the Sense of the Congress that for the
purpose of pleading a cause of action for a declaratory judgment, a
foreign judgment for defamation or any similar offense as described
under chapter 181 of title 28, United States Code, (as added by this
Act) shall constitute a case of actual controversy under section 2201(a)
of title 28, United States Code.
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(c) Technical and Conforming Amendment.--The table of chapters for
part VI of title 28, United States Code, is amended by adding at the end
the following:
