[Congressional Record Volume 142, Number 128 (Tuesday, September 17, 1996)]
[House]
[Page H10459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             GENERAL LEAVE

  Mr. MOORHEAD. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on S. 533.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. MOORHEAD. Mr. Speaker, I yield myself such time as I may consume.
  Today, I rise in support of S. 533. In the Judicial Improvements and 
Access to Justice Act of 1988, Congress required under section 1447(c) 
of title 28 of the United States Code that a ``motion to remand the 
case on the basis of any defect in removal must be made within 30 days 
after the filing of the notice of removal under section 1446(a).''
  The intent of the Congress is not entirely clear from the current 
wording of section 1447(c), and courts have interpreted it differently. 
S. 533 merely clarifies the intent of the Congress that a motion to 
remand a case on the basis of any defect other than subject matter 
jurisdiction must be made within 30 days after the filing of the notice 
of removal under section 1446(a).
  Mr. Speaker, I reserve the balance of my time.
  Ms. SCHROEDER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of S. 533, to clarify the rule 
governing removal of cases.
  As the gentleman from California has noted, this is a technical 
clarification made necessary by some language in section 1447(c) of 
title 28 that is not as clear as it should be.
  Section 1447(c) requires motions to remand based on ``any defect in 
removal procedure'' to be filed within 30 days of the filing of the 
notice of removal. This language is unclear because no time limit 
applies to motions to remand based on lack of subject matter 
jurisdiction. S. 533 clarifies that ``defect'' encompasses any defect 
other than subject matter jurisdiction.
  This correction is necessary to remove the ambiguity in the law. I 
urge my colleagues to support it.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. MOORHEAD. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California [Mr. Moorhead] that the House suspend the 
rules and pass the Senate bill, S. 533.
  The question was taken.
  Mr. MOORHEAD. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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