IIB 
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 
AN ACT 
To amend title 28, United States Code, to clarify and im-
prove certain provisions relating to the removal of litiga-
tion against Federal officers or agencies to 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. 
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 crimi-
nal 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 (wheth-
er or not ancillary to another proceeding) to the extent 
that in such proceeding a judicial order, including a sub-
poena for testimony or documents, is sought or issued. If 
removal is sought for a proceeding described in the pre-
vious sentence, and there is no other basis for removal, 
only that proceeding may be removed to the district 
court.’’. 
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(b) CONFORMING AMENDMENTS.—Section 1442(a) 
of title 28, United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘capacity for’’ and insert-
ing ‘‘capacity, for or relating to’’; and 
(B) by striking ‘‘sued’’; and 
(2) in each of paragraphs (3) and (4), by in-
serting ‘‘or relating to’’ after ‘‘for’’. 
(c) APPLICATION OF TIMING REQUIREMENT.—Sec-
tion 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 re-
quirement of subsections (b) and (c) is satisfied if the per-
son 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.’’. 
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(d) REVIEWABILITY ON APPEAL.—Section 1447(d) of 
title 28, United States Code, is amended by inserting 
‘‘1442 or’’ before ‘‘1443’’. 
Passed the House of Representatives February 28, 
2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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