124 STAT. 2383 PUBLIC LAW 111–223—AUG. 10, 2010 ‘‘§ 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. ‘‘§ 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 judg- ment 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 JUDG- MENT.—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. ‘‘§ 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 excep- tional 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.
