```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 368 Reported in Senate (RS)]

                                                       Calendar No. 197
112th CONGRESS
  1st Session
                                H. R. 368

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2011

  Received; read twice and referred to the Committee on the Judiciary

                            October 17, 2011

                Reported by Mr. Leahy, without amendment

_______________________________________________________________________

                                 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 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''.
                                                       Calendar No. 197

112th CONGRESS

  1st Session

                               H. R. 368

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 17, 2011

                       Reported without amendment
```