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

The text of the bill below is as of May 12, 2010 (Introduced).

Source: GPO

I

111th CONGRESS

2d Session

H. R. 5281

IN THE HOUSE OF REPRESENTATIVES

May 12, 2010

(for himself, Mr. Conyers, Mr. Smith of Texas, and Mr. Coble) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

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 in which 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)

Reviewability on appeal

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