II
Calendar No. 197
112th CONGRESS
1st Session
H. R. 368
IN THE SENATE OF THE UNITED STATES
March 1, 2011
Received; read twice and referred to the Committee on the Judiciary
October 17, 2011
Reported by Mr. Leahy, without amendment
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
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)—
by inserting
that is
after or criminal prosecution
;
by inserting
and that is
after in a State court
; and
by inserting
or directed to
after against
; and
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.
.
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 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
1443
.
October 17, 2011
Reported without amendment
