IIB 

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. 

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 by adding at the end the 

9 following: 

10 ‘‘(c) As used in subsection (a)— 

11 ‘‘(1) the terms ‘civil action’ and ‘criminal pros12 ecution’ include any proceeding (whether or not an13 cillary to another proceeding) to the extent that in 

14 such proceeding a judicial order, including a sub15 poena for testimony or documents, is sought or 

16 issued; and 

17 ‘‘(2) the term ‘against’ when used with respect 

18 to such a proceeding includes directed to.’’. 

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

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

21 (1) in paragraph (1)— 

22 (A) by striking ‘‘capacity for’’ and insert23 ing ‘‘capacity, for or relating to’’; and 

24 (B) by striking ‘‘sued’’; and 

25 (2) in each of paragraphs (3) and (4), by in26 serting ‘‘or relating to’’ after ‘‘for’’. 


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1 (c) APPLICATION OF TIMING REQUIREMENT.—Sec2 tion 1446 of title 28, United States Code, is amended by 

3 adding at the end the following: 

4 ‘‘(g)(1) Where the civil action or criminal prosecution 

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

6 in which a judicial order for testimony or documents is 

7 sought or issued, the thirty-day requirement of subsections 

8 (b) and (c) is satisfied if the person or entity desiring to 

9 remove the proceeding files the notice of removal not later 

10 than thirty days after receiving, through service, notice of 

11 that proceeding. 

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

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

14 in which a judicial order described in paragraph (1) is 

15 sought to be enforced, the thirty-day requirement of sub16 sections (b) and (c) is satisfied if the person or entity de17 siring to remove the proceeding files the notice of removal 

18 not later than thirty days after receiving, through service, 

19 notice of that 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 July 27, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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