[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5281 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 5281


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                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2010

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 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.

    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 (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; 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) Application of Timing Requirement.--Section 1446 of title 28, 
United States Code, is amended by adding at the end the following:
    ``(g)(1) 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, the thirty-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 thirty days after receiving, through service, notice of 
that proceeding.
    ``(2) Where the civil action or criminal prosecution that is 
removable under section 1442(a) is a proceeding in which a judicial 
order described in paragraph (1) is sought to be enforced, the thirty-
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 thirty days after receiving, through service, notice of 
that proceeding.''.
    (d) Reviewability on Appeal.--Section 1447(d) of title 28, United 
States Code, is amended by inserting ``1442 or'' before ``1443''.

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

            Passed the House of Representatives July 27, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.