[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5281 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5281

 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.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2010

 Mr. Johnson of Georgia (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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 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''.
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