IIB 
111TH CONGRESS 
2D SESSION 
H. R. 4113 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29, 2010 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To amend title 28, United States Code, to clarify the 
jurisdiction of the Federal courts, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Courts Jurisdiction and Venue Clarification Act 
of 2010’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—JURISDICTIONAL IMPROVEMENTS 
Sec. 101. Treatment of resident aliens. 
Sec. 102. Citizenship of corporations and insurance companies with foreign con-
tacts. 
Sec. 103. Removal and remand procedures. 
Sec. 104. Effective date. 
TITLE II—VENUE AND TRANSFER IMPROVEMENTS 
Sec. 201. Scope and definitions. 
Sec. 202. Venue generally. 
Sec. 203. Repeal of section 1392. 
Sec. 204. Change of venue. 
Sec. 205. Effective date. 
TITLE I—JURISDICTIONAL 
IMPROVEMENTS 
SEC. 101. TREATMENT OF RESIDENT ALIENS. 
Section 1332(a) of title 28, United States Code, is 
amended— 
(1) by striking the last sentence; and 
(2) in paragraph (2), by inserting after ‘‘foreign 
state’’ the following: ‘‘, except that the district 
courts shall not have original jurisdiction under this 
subsection of an action between citizens of a State 
and citizens or subjects of a foreign state who are 
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lawfully admitted for permanent residence in the 
United States and are domiciled in the same State’’. 
SEC. 102. CITIZENSHIP OF CORPORATIONS AND INSUR-
ANCE COMPANIES WITH FOREIGN CONTACTS. 
Section 1332(c)(1) of title 28, United States Code, 
is amended— 
(1) by striking ‘‘any State’’ and inserting 
‘‘every State and foreign state’’; 
(2) by striking ‘‘the State’’ and inserting ‘‘the 
State or foreign state’’; and 
(3) by striking all that follows ‘‘party-defend-
ant,’’ and inserting ‘‘such insurer shall be deemed a 
citizen of— 
‘‘(A) every State and foreign state of which 
the insured is a citizen; 
‘‘(B) every State and foreign state by 
which the insurer has been incorporated; and 
‘‘(C) the State or foreign state where the 
insurer has its principal place of business; 
and’’. 
SEC. 103. REMOVAL AND REMAND PROCEDURES. 
(a) ACTIONS
REMOVABLE
GENERALLY.—Section 
1441 of title 28, United States Code, is amended as fol-
lows: 
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(1) The section heading is amended by striking 
‘‘Actions removable generally’’ and inserting 
‘‘Removal of civil actions’’. 
(2) Subsection (a) is amended— 
(A) by striking ‘‘(a) Except’’ and inserting 
‘‘(a) GENERALLY.—Except’’; and 
(B) by striking the last sentence; 
(3) Subsection (b) is amended to read as fol-
lows: 
‘‘(b) REMOVAL BASED ON DIVERSITY OF CITIZEN-
SHIP.—(1) In determining whether a civil action is remov-
able on the basis of the jurisdiction under section 1332(a) 
of this title, the citizenship of defendants sued under ficti-
tious names shall be disregarded. 
‘‘(2) A civil action otherwise removable solely on the 
basis of the jurisdiction under section 1332(a) of this title 
may not be removed if any of the parties in interest prop-
erly joined and served as defendants is a citizen of the 
State in which such action is brought.’’. 
(4) Subsection (c) is amended to read as fol-
lows: 
‘‘(c) JOINDER OF FEDERAL LAW CLAIMS AND STATE 
LAW CLAIMS.—(1) If a civil action includes— 
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‘‘(A) a claim arising under the Constitution, 
laws, or treaties of the United States (within the 
meaning of section 1331 of this title), and 
‘‘(B) a claim not within the original or supple-
mental jurisdiction of the district court or a claim 
that has been made nonremovable by statute, 
the entire action may be removed if the action would be 
removable without the inclusion of the claim described in 
subparagraph (B). 
‘‘(2) Upon removal of an action described in para-
graph (1), the district court shall sever from the action 
all claims described in paragraph (1)(B) and shall remand 
the severed claims to the State court from which the ac-
tion was removed. Only defendants against whom a claim 
described in paragraph (1)(A) has been asserted are re-
quired to join in or consent to the removal under para-
graph (1).’’. 
(5) Subsection (d) is amended by striking ‘‘(d) 
Any’’ and inserting ‘‘(d) ACTIONS AGAINST FOR-
EIGN STATES.—Any’’. 
(6) Subsection (e) is amended by striking 
‘‘(e)(1) 
Notwithstanding’’ 
and 
inserting 
‘‘(e) 
MULTIPARTY, 
MULTIFORUM
JURISDICTION.—(1) 
Notwithstanding’’. 
(7) Subsection (f) is amended— 
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(A) by striking ‘‘(f) The court’’ and insert-
ing ‘‘(f) DERIVATIVE
REMOVAL
JURISDIC-
TION.—The court’’; and 
(B) by striking ‘‘under this section’’ and 
inserting ‘‘under this title or other applicable 
law’’. 
(b) PROCEDURE FOR REMOVAL OF CIVIL ACTIONS.— 
Section 1446 of title 28, United States Code, is amended 
as follows: 
(1) The section heading is amended to read as 
follows: 
‘‘§ 1446. Procedure for removal of civil actions’’. 
(2) Subsection (a) is amended— 
(A) by striking ‘‘(a) A defendant’’ and in-
serting ‘‘(a) GENERALLY.—A defendant’’; and 
(B) by striking ‘‘or criminal prosecution’’. 
(3) Subsection (b) is amended— 
(A) by striking ‘‘(b) The notice’’ and in-
serting ‘‘(b) REQUIREMENTS; GENERALLY.—(1) 
The notice’’; and 
(B) by striking the second paragraph and 
inserting the following: 
‘‘(2)(A) When a civil action is removed solely under 
section 1441(a), all defendants who have been properly 
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