H.R. 5281 (111th): Removal Clarification Act of 2010

The text of the bill below is as of Dec 3, 2010 (Passed the Senate (Engrossed) with an Amendment).

Source: GPO

111th CONGRESS

2d Session

H.R. 5281

In the Senate of the United States,

December 3, 2010.

Amendments:

That the bill from the House of Representatives (H.R. 5281) entitled An Act to amend title 28, United States Code, to clarify and improve certain provisions relating to the removal of litigation against Federal officers or agencies to Federal courts, and for other purposes., do pass with the following

(1)

On page 2, strike lines 8 through 18 and insert the following:

United States Code, is amended—
(1)

in subsection (a), in the matter preceding paragraph (1)—

(A)

by inserting that is after or criminal prosecution;

(B)

by inserting and that is after in a State court; and

(C)

by inserting or directed to after against; and

(2)

by adding at the end the following:

(c)

As used in subsection (a), the terms civil action and criminal prosecution include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. If removal is sought for a proceeding described in the previous sentence, and there is no other basis for removal, only that proceeding may be removed to the district court.

.

(2)

On page 3, strike lines 4 through 19 and insert the following:

(g)

Where the civil action or criminal prosecution that is removable under section 1442(a) is a proceeding in which a judicial order for testimony or documents is sought or issued or sought to be enforced, the 30-day requirement of subsections (b) and (c) is satisfied if the person or entity desiring to remove the proceeding files the notice of removal not later than 30 days after receiving, through service, notice of any such proceeding.

.

(3)

On page 3, strike line 23 and all that follows through page 4, line 6, and insert the following:

3.

PAYGO compliance

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Secretary