Removal Clarification Act of 2011
PL 112-51 (H.R.368), enacted 11/09/2011

125 STAT. 545 
PUBLIC LAW 112–51—NOV. 9, 2011 
Public Law 112–51 
112th Congress 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
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 PRO-
CEEDINGS.—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 criminal prosecu-
tion’’; 
(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 (whether or not 
ancillary to another proceeding) to the extent that in such pro-
ceeding a judicial order, including a subpoena for testimony or 
documents, is sought or issued. If removal is sought for a proceeding 
described in the previous sentence, and there is no other basis 
for removal, only that proceeding may be removed to the district 
court.’’. 
(b) CONFORMING AMENDMENTS.—Section 1442(a) of title 28, 
United States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘capacity for’’ and inserting ‘‘capacity, 
for or relating to’’; and 
(B) by striking ‘‘sued’’; and 
(2) in each of paragraphs (3) and (4), by inserting ‘‘or 
relating to’’ after ‘‘for’’. 
(c) APPLICATION
OF TIMING REQUIREMENT.—Section 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 remov-
able under section 1442(a) is a proceeding in which a judicial 
order for testimony or documents is sought or issued or sought 
28 USC 1 note. 
Removal 
Clarification Act 
of 2011. 
Nov. 9, 2011 
[H.R. 368] 
VerDate Mar 15 2010 
13:48 Jul 02, 2014
Jkt 099194
PO 00001
Frm 00543
Fmt 6580
Sfmt 6581
G:\GSDD\STATUTES\2011\99194PT1.001
99194PT1
dkrause on DSKHT7XVN1PROD with LOCATORS
125 STAT. 546 
PUBLIC LAW 112–51—NOV. 9, 2011 
LEGISLATIVE HISTORY—H.R. 368: 
HOUSE REPORTS: No. 112–17, Pt. 1 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 157 (2011): 
Feb. 28, considered and passed House. 
Oct. 31, considered and passed Senate. 
to be enforced, the 30-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 30 days after receiving, 
through service, notice of any such proceeding.’’. 
(d) REVIEWABILITY
ON APPEAL.—Section 1447(d) of title 28, 
United States Code, is amended by inserting ‘‘1442 or’’ before 
‘‘1443’’. 
Approved November 9, 2011. 
VerDate Mar 15 2010 
13:48 Jul 02, 2014
Jkt 099194
PO 00001
Frm 00544
Fmt 6580
Sfmt 6580
G:\GSDD\STATUTES\2011\99194PT1.001
99194PT1
dkrause on DSKHT7XVN1PROD with LOCATORS