[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 _______________________________________________________________________ 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.