[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 368 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 2011

Mr. Johnson of Georgia (for himself and Mr. Smith of Texas) introduced 
    the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committee on the Budget, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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 2011''.

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--
            (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.''.
    (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) 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.''.
    (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.
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