[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5281 Engrossed Amendment Senate (EAS)]

                  In the Senate of the United States,

                                                      December 3, 2010.
    Resolved, That the bill from the House of Representatives (H.R. 
5281) entitled ``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.'', do pass with the following

                              AMENDMENTS:

(1)On page 2, strike lines 8 through 18 and insert the following:
United States Code, is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1)--
                    (A) by inserting ``that is'' after ``or criminal 
                prosecution'';
                    (B) by inserting ``and that is'' after ``in a State 
                court''; and
                    (C) by inserting ``or directed to'' after 
                ``against''; and
            (2) by adding at the end the following:
    ``(c) 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.''.

(2)On page 3, strike lines 4 through 19 and insert the following:
    ``(g) 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.''.

(3)On page 3, strike line 23 and all that follows through page 4, line 
6, and insert the following:

SEC. 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 Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                               H.R. 5281

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                               AMENDMENTS