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

The text of the bill below is as of Jul 27, 2010 (Passed the House).

Source: GPO

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.

1.

Short title

This Act may be cited as the Removal Clarification Act of 2010.

2.

Removal of certain litigation to Federal courts

(a)

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:

(c)

As used in subsection (a)—

(1)

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

(2)

the term against when used with respect to such a proceeding includes directed to.

.

(b)

Conforming amendments

Section 1442(a) of title 28, United States Code, is amended—

(1)

in paragraph (1)—

(A)

by striking capacity for and inserting capacity, for or relating to; and

(B)

by striking sued; and

(2)

in each of paragraphs (3) and (4), by inserting or relating to after for.

(c)

Application of timing requirement

Section 1446 of title 28, United States Code, is amended by adding at the end the following:

(g)
(1)

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.

(2)

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.

.

(d)

Reviewability on appeal

Section 1447(d) of title 28, United States Code, is amended by inserting 1442 or before 1443.

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 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.