[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Printing Office, www.gpo.gov]


Public Law 112-51
112th Congress

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 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

[[Page 546]]

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''.

Approved November 9, 2011.

LEGISLATIVE HISTORY--H.R. 368:
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HOUSE REPORTS: No. 112-17, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 157 (2011):
Feb. 28, considered and passed House.
Oct. 31, considered and passed Senate.