Page:United States Statutes at Large Volume 90 Part 2.djvu/1430

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PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 2898

Actions removable.

28 USC 1446. 28 USC 1602 note.

Effective date. 28 USC 1602 note.

PUBLIC LAW 94-583—OCT. 21, 1976 "(3) in any judicial district in which the agency or instrumentality is licensed to do business or is doing business, if the action is brought against an agency or instrumentality of a foreign state as defined in section 1603(b) of this title; or "(4) in the United States District Court for the District of Columbia if the action is brought against a foreign state or political subdivision thereof.". SEC. 6. That section 1441 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: "(d) Any civil action brought in a State court against a foreign state as defined in section 1603(a) of this title may be removed by the foreign state to the district court of the United States for the district and division embracing the place where such action is pending. Upon removal the action shall be tried by the court without jury. Where removal is based upon this subsection, the time limitations of section 1446(b) of this chapter may be enlarged at any time for cause shown.". SEC. 7. If any provision of this Act or the application thereof to any foreign state is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SEC. 8. This Act shall take effect ninety days after the date of its enactment. Approved October 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1487 (Comm. on the Judiciary). SENATE REPORT No. 94-1310 accompanying S. 3553 (Comm. on the Judiciary). CONGRESSIONAL RECORD, VoL 122 (1976): Sept. 29, considered and passed House. Oct. 1, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, VoL 12, No. 43: Oct. 22, Presidential statement.