Federal Courts Jurisdiction and Venue Clarification Act of 2011
PL 112-63 (H.R.394), enacted 12/07/2011

125 STAT. 758 
PUBLIC LAW 112–63—DEC. 7, 2011 
Public Law 112–63 
112th Congress 
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 Representatives of 
the United States of America in Congress assembled, 
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 2011’’. 
(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. Technical amendment. 
Sec. 105. 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 lawfully admitted for permanent residence in the 
United States and are domiciled in the same State’’. 
SEC. 102. CITIZENSHIP OF CORPORATIONS AND INSURANCE COMPA-
NIES 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’’; 
Federal Courts 
Jurisdiction and 
Venue 
Clarification Act 
of 2011. 
28 USC 1 note. 
Dec. 7, 2011 
[H.R. 394] 
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125 STAT. 759 
PUBLIC LAW 112–63—DEC. 7, 2011 
(2) by striking ‘‘the State’’ and inserting ‘‘the State or 
foreign state’’; and 
(3) by striking all that follows ‘‘party-defendant,’’ 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 follows: 
(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) GEN-
ERALLY.—Except’’; and 
(B) by striking the last sentence; 
(3) Subsection (b) is amended to read as follows: 
‘‘(b) REMOVAL BASED
ON DIVERSITY
OF CITIZENSHIP.—(1) In 
determining whether a civil action is removable on the basis of 
the jurisdiction under section 1332(a) of this title, the citizenship 
of defendants sued under fictitious 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 properly 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 follows: 
‘‘(c) JOINDER
OF
FEDERAL
LAW
CLAIMS
AND
STATE
LAW 
CLAIMS.—(1) If a civil action includes— 
‘‘(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 supplemental juris-
diction 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 paragraph (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 action was removed. Only defendants 
against whom a claim described in paragraph (1)(A) has been 
asserted are required to join in or consent to the removal under 
paragraph (1).’’. 
(5) Subsection (d) is amended by striking ‘‘(d) Any’’ and 
inserting ‘‘(d) ACTIONS AGAINST FOREIGN STATES.—Any’’. 
(6) Subsection (e) is amended by striking ‘‘(e)(1) Notwith-
standing’’ and inserting ‘‘(e) MULTIPARTY, MULTIFORUM JURIS-
DICTION.—(1) Notwithstanding’’. 
(7) Subsection (f) is amended by striking ‘‘(f) The court’’ 
and inserting ‘‘(f) DERIVATIVE REMOVAL JURISDICTION.—The 
court’’. 
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125 STAT. 760 
PUBLIC LAW 112–63—DEC. 7, 2011 
(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 inserting ‘‘(a) 
GENERALLY.—A defendant’’; and 
(B) by striking ‘‘or criminal prosecution’’. 
(3) Subsection (b) is amended— 
(A) by striking ‘‘(b) The notice’’ and inserting ‘‘(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 joined and served 
must join in or consent to the removal of the action. 
‘‘(B) Each defendant shall have 30 days after receipt by or 
service on that defendant of the initial pleading or summons 
described in paragraph (1) to file the notice of removal. 
‘‘(C) If defendants are served at different times, and a later- 
served defendant files a notice of removal, any earlier-served defend-
ant may consent to the removal even though that earlier-served 
defendant did not previously initiate or consent to removal. 
‘‘(3) Except as provided in subsection (c), if the case stated 
by the initial pleading is not removable, a notice of removal may 
be filed within thirty days after receipt by the defendant, through 
service or otherwise, of a copy of an amended pleading, motion, 
order or other paper from which it may first be ascertained that 
the case is one which is or has become removable.’’; 
(C) by striking subsection (c) and inserting the fol-
lowing: 
‘‘(c) REQUIREMENTS; REMOVAL BASED ON DIVERSITY OF CITIZEN-
SHIP.—(1) A case may not be removed under subsection (b)(3) on 
the basis of jurisdiction conferred by section 1332 more than 1 
year after commencement of the action, unless the district court 
finds that the plaintiff has acted in bad faith in order to prevent 
a defendant from removing the action. 
‘‘(2) If removal of a civil action is sought on the basis of 
the jurisdiction conferred by section 1332(a), the sum demanded 
in good faith in the initial pleading shall be deemed to be the 
amount in controversy, except that— 
‘‘(A) the notice of removal may assert the amount in con-
troversy if the initial pleading seeks— 
‘‘(i) nonmonetary relief; or 
‘‘(ii) a money judgment, but the State practice either 
does not permit demand for a specific sum or permits 
recovery of damages in excess of the amount demanded; 
and 
‘‘(B) removal of the action is proper on the basis of an 
amount in controversy asserted under subparagraph (A) if the 
district court finds, by the preponderance of the evidence, that 
the amount in controversy exceeds the amount specified in 
section 1332(a). 
‘‘(3)(A) If the case stated by the initial pleading is not removable 
solely because the amount in controversy does not exceed the 
amount specified in section 1332(a), information relating to the 
Notice. 
Deadline. 
Deadline. 
Notice. 
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125 STAT. 761 
PUBLIC LAW 112–63—DEC. 7, 2011 
amount in controversy in the record of the State proceeding, or 
in responses to discovery, shall be treated as an ‘other paper’ 
under subsection (b)(3). 
‘‘(B) If the notice of removal is filed more than 1 year after 
commencement of the action and the district court finds that the 
plaintiff deliberately failed to disclose the actual amount in con-
troversy to prevent removal, that finding shall be deemed bad 
faith under paragraph (1).’’. 
(4) Section 1446 is further amended— 
(A) in subsection (d), by striking ‘‘(d) Promptly’’ and 
inserting ‘‘(d) NOTICE
TO ADVERSE PARTIES
AND STATE 
COURT.—Promptly’’; 
(B) by striking ‘‘thirty days’’ each place it appears 
and inserting ‘‘30 days’’; 
(C) by striking subsection (e); and 
(D) in subsection (f), by striking ‘‘(f) With respect’’ 
and inserting ‘‘(e) COUNTERCLAIM IN 337 PROCEEDING.— 
With respect’’. 
(c) PROCEDURE FOR REMOVAL OF CRIMINAL ACTIONS.—Chapter 
89 of title 28, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 1455. Procedure for removal of criminal prosecutions 
‘‘(a) NOTICE OF REMOVAL.—A defendant or defendants desiring 
to remove any criminal prosecution from a State court shall file 
in the district court of the United States for the district and division 
within which such prosecution is pending a notice of removal signed 
pursuant to Rule 11 of the Federal Rules of Civil Procedure and 
containing a short and plain statement of the grounds for removal, 
together with a copy of all process, pleadings, and orders served 
upon such defendant or defendants in such action. 
‘‘(b) REQUIREMENTS.—(1) A notice of removal of a criminal 
prosecution shall be filed not later than 30 days after the arraign-
ment in the State court, or at any time before trial, whichever 
is earlier, except that for good cause shown the United States 
district court may enter an order granting the defendant or defend-
ants leave to file the notice at a later time. 
‘‘(2) A notice of removal of a criminal prosecution shall include 
all grounds for such removal. A failure to state grounds that exist 
at the time of the filing of the notice shall constitute a waiver 
of such grounds, and a second notice may be filed only on grounds 
not existing at the time of the original notice. For good cause 
shown, the United States district court may grant relief from the 
limitations of this paragraph. 
‘‘(3) The filing of a notice of removal of a criminal prosecution 
shall not prevent the State court in which such prosecution is 
pending from proceeding further, except that a judgment of convic-
tion shall not be entered unless the prosecution is first remanded. 
‘‘(4) The United States district court in which such notice is 
filed shall examine the notice promptly. If it clearly appears on 
the face of the notice and any exhibits annexed thereto that removal 
should not be permitted, the court shall make an order for summary 
remand. 
‘‘(5) If the United States district court does not order the 
summary remand of such prosecution, it shall order an evidentiary 
hearing to be held promptly and, after such hearing, shall make 
such disposition of the prosecution as justice shall require. If the 
Notification. 
Examination. 
Deadline. 
28 USC 1455. 
Notice. 
Notice. 
Time period. 
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125 STAT. 762 
PUBLIC LAW 112–63—DEC. 7, 2011 
United States district court determines that removal shall be per-
mitted, it shall so notify the State court in which prosecution 
is pending, which shall proceed no further. 
‘‘(c) WRIT OF HABEAS CORPUS.—If the defendant or defendants 
are in actual custody on process issued by the State court, the 
district court shall issue its writ of habeas corpus, and the marshal 
shall thereupon take such defendant or defendants into the mar-
shal’s custody and deliver a copy of the writ to the clerk of such 
State court.’’. 
(d) CONFORMING AMENDMENTS.— 
(1) The table of sections for chapter 89 of title 28, United 
States Code, is amended— 
(A) in the item relating to section 1441, by striking 
‘‘Actions removable generally’’ and inserting ‘‘Removal of 
civil actions’’; 
(B) in the item relating to section 1446, by inserting 
‘‘of civil actions’’ after ‘‘removal’’; and 
(C) by adding at the end the following new item: 
‘‘1455. Procedure for removal of criminal prosecutions.’’. 
(2) Section 1453(b) of title 28, United States Code, is 
amended by striking ‘‘1446(b)’’ and inserting ‘‘1446(c)(1)’’. 
SEC. 104. TECHNICAL AMENDMENT. 
Section 1446(g) of title 28, United States Code, is amended 
by striking ‘‘subsections (b) and (c)’’ and inserting ‘‘subsection (b) 
of this section and paragraph (1) of section 1455(b)’’. 
SEC. 105. EFFECTIVE DATE. 
(a) IN GENERAL.—Subject to subsection (b), the amendments 
made by this title shall take effect upon the expiration of the 
30-day period beginning on the date of the enactment of this Act, 
and shall apply to any action or prosecution commenced on or 
after such effective date. 
(b) TREATMENT OF CASES REMOVED TO FEDERAL COURT.—For 
purposes of subsection (a), an action or prosecution commenced 
in State court and removed to Federal court shall be deemed to 
commence on the date the action or prosecution was commenced, 
within the meaning of State law, in State court. 
TITLE II—VENUE AND TRANSFER 
IMPROVEMENTS 
SEC. 201. SCOPE AND DEFINITIONS. 
(a) IN GENERAL.—Chapter 87 of title 28, United States Code, 
is amended by inserting before section 1391 the following new 
section: 
‘‘§ 1390. Scope 
‘‘(a) VENUE DEFINED.—As used in this chapter, the term ‘venue’ 
refers to the geographic specification of the proper court or courts 
for the litigation of a civil action that is within the subject-matter 
jurisdiction of the district courts in general, and does not refer 
to any grant or restriction of subject-matter jurisdiction providing 
for a civil action to be adjudicated only by the district court for 
a particular district or districts. 
28 USC 1390. 
28 USC 1332 
note. 
Time period. 
Applicability. 
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125 STAT. 763 
PUBLIC LAW 112–63—DEC. 7, 2011 
‘‘(b) EXCLUSION OF CERTAIN CASES.—Except as otherwise pro-
vided by law, this chapter shall not govern the venue of a civil 
action in which the district court exercises the jurisdiction conferred 
by section 1333, except that such civil actions may be transferred 
between district courts as provided in this chapter. 
‘‘(c) CLARIFICATION REGARDING CASES REMOVED FROM STATE 
COURTS.—This chapter shall not determine the district court to 
which a civil action pending in a State court may be removed, 
but shall govern the transfer of an action so removed as between 
districts and divisions of the United States district courts.’’. 
(b) CONFORMING AMENDMENT.—The table of sections at the 
beginning of chapter 87 of title 28, United States Code, is amended 
by inserting before the item relating to section 1391 the following 
new item: 
‘‘1390. Scope.’’. 
SEC. 202. VENUE GENERALLY. 
Section 1391 of title 28, United States Code, is amended as 
follows: 
(1) By striking subsections (a) through (d) and inserting 
the following: 
‘‘(a) APPLICABILITY OF SECTION.—Except as otherwise provided 
by law— 
‘‘(1) this section shall govern the venue of all civil actions 
brought in district courts of the United States; and 
‘‘(2) the proper venue for a civil action shall be determined 
without regard to whether the action is local or transitory 
in nature. 
‘‘(b) VENUE IN GENERAL.—A civil action may be brought in— 
‘‘(1) a judicial district in which any defendant resides, if 
all defendants are residents of the State in which the district 
is located; 
‘‘(2) a judicial district in which a substantial part of the 
events or omissions giving rise to the claim occurred, or a 
substantial part of property that is the subject of the action 
is situated; or 
‘‘(3) if there is no district in which an action may otherwise 
be brought as provided in this section, any judicial district 
in which any defendant is subject to the court’s personal juris-
diction with respect to such action. 
‘‘(c) RESIDENCY.—For all venue purposes— 
‘‘(1) a natural person, including an alien lawfully admitted 
for permanent residence in the United States, shall be deemed 
to reside in the judicial district in which that person is domi-
ciled; 
‘‘(2) an entity with the capacity to sue and be sued in 
its common name under applicable law, whether or not incor-
porated, shall be deemed to reside, if a defendant, in any 
judicial district in which such defendant is subject to the court’s 
personal jurisdiction with respect to the civil action in question 
and, if a plaintiff, only in the judicial district in which it 
maintains its principal place of business; and 
‘‘(3) a defendant not resident in the United States may 
be sued in any judicial district, and the joinder of such a 
defendant shall be disregarded in determining where the action 
may be brought with respect to other defendants. 
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125 STAT. 764 
PUBLIC LAW 112–63—DEC. 7, 2011 
‘‘(d) RESIDENCY OF CORPORATIONS IN STATES WITH MULTIPLE 
DISTRICTS.—For purposes of venue under this chapter, in a State 
which has more than one judicial district and in which a defendant 
that is a corporation is subject to personal jurisdiction at the time 
an action is commenced, such corporation shall be deemed to reside 
in any district in that State within which its contacts would be 
sufficient to subject it to personal jurisdiction if that district were 
a separate State, and, if there is no such district, the corporation 
shall be deemed to reside in the district within which it has the 
most significant contacts.’’. 
(2) In subsection (e)— 
(A) in the first paragraph— 
(i) by striking ‘‘(1)’’, ‘‘(2)’’, and ‘‘(3)’’ and inserting 
‘‘(A)’’, ‘‘(B)’’, and ‘‘(C)’’, respectively; and 
(ii) by striking ‘‘(e) A civil action’’ and inserting 
the following: 
‘‘(e) ACTIONS WHERE DEFENDANT IS OFFICER
OR EMPLOYEE 
OF THE UNITED STATES.— 
‘‘(1) IN GENERAL.—A civil action’’; and 
(B) in the second undesignated paragraph by striking 
‘‘The summons and complaint’’ and inserting the following: 
‘‘(2) SERVICE.—The summons and complaint’’. 
(3) In subsection (f), by striking ‘‘(f) A civil action’’ and 
inserting ‘‘(f) CIVIL ACTIONS AGAINST A FOREIGN STATE.—A 
civil action’’. 
(4) In subsection (g), by striking ‘‘(g) A civil action’’ and 
inserting ‘‘(g) MULTIPARTY, MULTIFORUM LITIGATION.—A civil 
action’’. 
SEC. 203. REPEAL OF SECTION 1392. 
Section 1392 of title 28, United States Code, and the item 
relating to that section in the table of sections at the beginning 
of chapter 87 of such title, are repealed. 
SEC. 204. CHANGE OF VENUE. 
Section 1404 of title 28, United States Code, is amended— 
(1) in subsection (a), by inserting before the period at 
the end the following: ‘‘or to any district or division to which 
all parties have consented’’; and 
(2) in subsection (d), by striking ‘‘As used in this section,’’ 
and inserting ‘‘Transfers from a district court of the United 
States to the District Court of Guam, the District Court for 
the Northern Mariana Islands, or the District Court of the 
Virgin Islands shall not be permitted under this section. As 
otherwise used in this section,’’. 
SEC. 205. EFFECTIVE DATE. 
The amendments made by this title— 
(1) shall take effect upon the expiration of the 30-day 
period beginning on the date of the enactment of this Act; 
and 
(2) shall apply to— 
(A) any action that is commenced in a United States 
district court on or after such effective date; and 
Applicability. 
Time period. 
28 USC 1390 
note. 
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125 STAT. 765 
PUBLIC LAW 112–63—DEC. 7, 2011 
LEGISLATIVE HISTORY—H.R. 394 (S. 1636): 
HOUSE REPORTS: No. 112–10 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 157 (2011): 
Feb. 28, considered and passed House. 
Oct. 31, considered and passed Senate, amended. 
Nov. 18, House concurred in Senate amendments with an amendment. 
Nov. 30, Senate concurred in House amendment. 
(B) any action that is removed from a State court 
to a United States district court and that had been com-
menced, within the meaning of State law, on or after such 
effective date. 
Approved December 7, 2011. 
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