IIB 

111TH CONGRESS 

2D SESSION H. R. 6560 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 22, 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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Act of 2010’’. 

4 SEC. 2. REMOVAL OF CERTAIN LITIGATION TO FEDERAL 

5 COURTS. 

6 (a) CLARIFICATION OF INCLUSION OF CERTAIN

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

8 United States Code, is amended— 

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

10 paragraph (1)— 

11 (A) by inserting ‘‘that is’’ after ‘‘or crimi12 nal prosecution’’; 

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

14 State court’’; and 

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

16 ‘‘against’’; and 

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

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

19 and ‘criminal prosecution’ include any proceeding (wheth20 er or not ancillary to another proceeding) to the extent 

21 that in such proceeding a judicial order, including a sub22 poena for testimony or documents, is sought or issued. If 

23 removal is sought for a proceeding described in the pre24 vious sentence, and there is no other basis for removal, 

25 only that proceeding may be removed to the district 

26 court.’’. 


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

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

3 (1) in paragraph (1)— 

4 (A) by striking ‘‘capacity for’’ and insert5 ing ‘‘capacity, for or relating to’’; and 

6 (B) by striking ‘‘sued’’; and 

7 (2) in each of paragraphs (3) and (4), by in8 serting ‘‘or relating to’’ after ‘‘for’’. 

9 (c) APPLICATION OF TIMING REQUIREMENT.—Sec10 tion 1446 of title 28, United States Code, is amended by 

11 adding at the end the following: 

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

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

14 in which a judicial order for testimony or documents is 

15 sought or issued or sought to be enforced, the 30-day re16 quirement of subsections (b) and (c) is satisfied if the per17 son or entity desiring to remove the proceeding files the 

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

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

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

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

22 ‘‘1442 or’’ before ‘‘1443’’. 

23 SEC. 3. PAYGO COMPLIANCE. 

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

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


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1 shall be determined by reference to the latest statement 

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

3 Act, submitted for printing in the Congressional Record 

4 by the Chairman of the House Budget Committee, pro5 vided that such statement has been submitted prior to the 

6 vote on passage. 

Passed the House of Representatives December 22, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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