IB 

Union Calendar No. 8 

112TH CONGRESS 

1ST SESSION H. R. 368 

[Report No. 112–17, Part I] 

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 

FEBRUARY 28, 2011 

Reported from the Committee on the Judiciary 

FEBRUARY 28, 2011 

Committee on the Budget discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 


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•HR 368 RH

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. 


srobinson on DSKHWCL6B1PROD with BILLS
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•HR 368 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Removal Clarification 

5 Act of 2011’’. 

6 SEC. 2. REMOVAL OF CERTAIN LITIGATION TO FEDERAL 

7 COURTS. 

8 (a) CLARIFICATION OF INCLUSION OF CERTAIN

9 TYPES OF PROCEEDINGS.—Section 1442 of title 28, 

10 United States Code, is amended— 

11 (1) in subsection (a), in the matter preceding 

12 paragraph (1)— 

13 (A) by inserting ‘‘that is’’ after ‘‘or crimi14 nal prosecution’’; 

15 (B) by inserting ‘‘and that is’’ after ‘‘in a 

16 State court’’; and 

17 (C) by inserting ‘‘or directed to’’ after 

18 ‘‘against’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(c) As used in subsection (a), the terms ‘civil action’ 

21 and ‘criminal prosecution’ include any proceeding (wheth22 er or not ancillary to another proceeding) to the extent 

23 that in such proceeding a judicial order, including a sub24 poena for testimony or documents, is sought or issued. If 

25 removal is sought for a proceeding described in the preVerDate Mar 15 2010 21:58 Feb 28, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H368.RH H368

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•HR 368 RH

1 vious sentence, and there is no other basis for removal, 

2 only that proceeding may be removed to the district 

3 court.’’. 

4 (b) CONFORMING AMENDMENTS.—Section 1442(a) 

5 of title 28, United States Code, is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘capacity for’’ and insert8 ing ‘‘capacity, for or relating to’’; and 

9 (B) by striking ‘‘sued’’; and 

10 (2) in each of paragraphs (3) and (4), by in11 serting ‘‘or relating to’’ after ‘‘for’’. 

12 (c) APPLICATION OF TIMING REQUIREMENT.—Sec13 tion 1446 of title 28, United States Code, is amended by 

14 adding at the end the following: 

15 ‘‘(g) Where the civil action or criminal prosecution 

16 that is removable under section 1442(a) is a proceeding 

17 in which a judicial order for testimony or documents is 

18 sought or issued or sought to be enforced, the 30-day re19 quirement of subsections (b) and (c) is satisfied if the per20 son or entity desiring to remove the proceeding files the 

21 notice of removal not later than 30 days after receiving, 

22 through service, notice of any such proceeding.’’. 

23 (d) REVIEWABILITY ON APPEAL.—Section 1447(d) of 

24 title 28, United States Code, is amended by inserting 

25 ‘‘1442 or’’ before ‘‘1443’’. 


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•HR 368 RH

1 SEC. 3. PAYGO COMPLIANCE. 

2 The budgetary effects of this Act, for the purpose of 

3 complying with the Statutory Pay-As-You-Go Act of 2010, 

4 shall be determined by reference to the latest statement 

5 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

6 Act, submitted for printing in the Congressional Record 

7 by the Chairman of the House Budget Committee, pro8 vided that such statement has been submitted prior to the 

9 vote on passage. 


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Union Calendar No. 8 

112TH CONGRESS 

1ST SESSION H. R. 368 

[Report No. 112–17, Part I] 

A BILL 

To amend title 28, United States Code, to clarify 

poses. agencies to Federal courts, and for other purmoval of litigation against Federal officers or and improve certain provisions relating to the reFEBRUARY 28, 2011 

Committee on the Budget discharged; committed to the 

Union and ordered to be printed Committee of the Whole House on the State of the 


srobinson on DSKHWCL6B1PROD with BILLS