One Hundred Twelfth Congress of the United States of America
At the First Session
Begun and held at the City of Washington on Wednesday, the fifth day of January, two thousand and eleven
H. R. 368
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.
This Act may be cited as the
Removal Clarification Act of 2011.
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—
in subsection (a), in the matter preceding paragraph (1)—
that is after
or criminal prosecution;
and that is after
in a State court; and
or directed to after
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. 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.
Section 1442(a) of title 28, United States Code, is amended—
in paragraph (1)—
capacity for and inserting
capacity, for or relating to; and
in each of paragraphs (3) and (4), by inserting
or relating to after
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 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.
Reviewability on appeal
Section 1447(d) of title 28, United States Code, is amended by inserting
1442 or before
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate.