I
111th CONGRESS
2d Session
H. R. 5281
IN THE HOUSE OF REPRESENTATIVES
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.
Short title
This Act may be cited as the Removal Clarification Act of 2010
.
Removal of certain litigation to Federal courts
Clarification of inclusion of certain types of proceedings
Section 1442 of title 28, United States Code, is amended by adding at the end the following:
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; and
the term against
when used with respect to such a proceeding includes directed to.
.
Conforming amendments
Section 1442(a) of title 28, United States Code, is amended—
in paragraph (1)—
by striking capacity for
and inserting capacity, for or relating to
; and
by striking sued
; and
in each of paragraphs (3) and (4), by inserting or relating to
after for
.
Application of timing requirement
Section 1446 of title 28, United States Code, is amended by adding at the end the following:
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, the thirty-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 thirty days after receiving, through service, notice of that proceeding.
Where the civil action or criminal prosecution that is removable under section 1442(a) is a proceeding in which a judicial order described in paragraph (1) is sought to be enforced, the thirty-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 thirty days after receiving, through service, notice of that proceeding.
.
Reviewability on appeal
Section 1447(d) of title 28, United States Code, is amended by inserting 1442 or
before 1443
.
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 House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Passed the House of Representatives July 27, 2010.
Lorraine C. Miller,
Clerk.
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