[Congressional Record Volume 156, Number 157 (Friday, December 3, 2010)]
[Senate]
[Page S8478]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4732. Mr. DURBIN (for Mr. Leahy) proposed an amendment to the bill 
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; as follows:

       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.''.
       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.''.
       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.
                                 ______
                                 
  SA 4733. Mr. DURBIN (for Mr. Webb) proposed an amendment to the bill 
S. 1774, for the relief of Hotaru Nakama Ferschke; as follows:

       At the end, add the following:
       (e) PAYGO.--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.

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