II 

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. 

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’’. 


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•HR 368 RS

1 SEC. 2. REMOVAL OF CERTAIN LITIGATION TO FEDERAL 

2 COURTS. 

3 (a) CLARIFICATION OF INCLUSION OF CERTAIN

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

5 United States Code, is amended— 

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

7 paragraph (1)— 

8 (A) by inserting ‘‘that is’’ after ‘‘or crimi9 nal prosecution’’; 

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

11 State court’’; and 

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

13 ‘‘against’’; and 

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

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

16 and ‘criminal prosecution’ include any proceeding (wheth17 er or not ancillary to another proceeding) to the extent 

18 that in such proceeding a judicial order, including a sub19 poena for testimony or documents, is sought or issued. If 

20 removal is sought for a proceeding described in the pre21 vious sentence, and there is no other basis for removal, 

22 only that proceeding may be removed to the district 

23 court.’’. 

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

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

26 (1) in paragraph (1)— 


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•HR 368 RS

1 (A) by striking ‘‘capacity for’’ and insert2 ing ‘‘capacity, for or relating to’’; and 

3 (B) by striking ‘‘sued’’; and 

4 (2) in each of paragraphs (3) and (4), by in5 serting ‘‘or relating to’’ after ‘‘for’’. 

6 (c) APPLICATION OF TIMING REQUIREMENT.—Sec7 tion 1446 of title 28, United States Code, is amended by 

8 adding at the end the following: 

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

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

11 in which a judicial order for testimony or documents is 

12 sought or issued or sought to be enforced, the 30-day re13 quirement of subsections (b) and (c) is satisfied if the per14 son or entity desiring to remove the proceeding files the 

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

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

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

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

19 ‘‘1442 or’’ before ‘‘1443’’. 


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Calendar No. 197 

112TH CONGRESS 

1ST SESSION H. R. 368 

AN ACT 

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 reOCTOBER 17, 2011 

Reported without amendment 


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