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 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 2010’’. 
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 by adding at the end the 
following: 
‘‘(c) As used in subsection (a)— 
‘‘(1) the terms ‘civil action’ and ‘criminal pros-
ecution’ include any proceeding (whether or not an-
cillary 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; and 
‘‘(2) the term ‘against’ when used with respect 
to such a proceeding includes directed to.’’. 
(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’’. 
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(c) APPLICATION OF TIMING REQUIREMENT.—Sec-
tion 1446 of title 28, United States Code, is amended by 
adding at the end the following: 
‘‘(g)(1) 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, the thirty-day requirement of subsections 
(b) and (c) is satisfied if the person or entity desiring to 
remove the proceeding files the notice of removal not later 
than thirty days after receiving, through service, notice of 
that proceeding. 
‘‘(2) Where the civil action or criminal prosecution 
that is removable under section 1442(a) is a proceeding 
in which a judicial order described in paragraph (1) is 
sought to be enforced, the thirty-day requirement of sub-
sections (b) and (c) is satisfied if the person or entity de-
siring to remove the proceeding files the notice of removal 
not later than thirty days after receiving, through service, 
notice of that proceeding.’’. 
(d) REVIEWABILITY ON APPEAL.—Section 1447(d) of 
title 28, United States Code, is amended by inserting 
‘‘1442 or’’ before ‘‘1443’’. 
SEC. 3. PAYGO COMPLIANCE. 
The budgetary effects of this Act, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, 
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shall be determined by reference to the latest statement 
titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 
Act, submitted for printing in the Congressional Record 
by the Chairman of the House Budget Committee, pro-
vided that such statement has been submitted prior to the 
vote on passage. 
Passed the House of Representatives July 27, 2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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