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.
Committees
House Judiciary; House Budget; Senate Judiciary
Bill Summary
(This measure has not been amended since it was passed by the House on February 28, 2011. The summary of that version is repeated here.) Removal Clarification Act of 2011 - (Sec. 2) Revises the federal judicial code to provide that a civil action or criminal prosecution that is commenced in a state court and that is against or directed to the United States or a federal agency or officer, or specified others, may be removed to an appropriate U.S. district court. Declares that civil actions and criminal prosecutions include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. Limits removal of such a proceeding, if there is no other basis for removal, to only that specific proceeding, with the remainder of the civil action or criminal proceeding to remain in state court. Declares that the 30-day notice of removal requirement shall be satisfied in any such civil or criminal proceeding in which such a judicial order is sought, or issued, or sought to be enforced, if the person or entity desiring to remove the proceeding files notice of removal not later than 30 days after receiving, through service, notice of the proceeding.
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.
(This measure has not been amended since it was passed by the House on February 28, 2011. The summary of that version is repeated here.) Removal Clarification Act of 2011 - (Sec. 2) Revises the federal judicial code to provide that a civil action or criminal prosecution that is commenced in a state court and that is against or directed to the United States or a federal agency or officer, or specified others, may be removed to an appropriate U.S. district court. Declares that civil actions and criminal prosecutions include any proceeding (whether or not ancillary to another proceeding) to the extent that in such proceeding a judicial order, including a subpoena for testimony or documents, is sought or issued. Limits removal of such a proceeding, if there is no other basis for removal, to only that specific proceeding, with the remainder of the civil action or criminal proceeding to remain in state court. Declares that the 30-day notice of removal requirement shall be satisfied in any such civil or criminal proceeding in which such a judicial order is sought, or issued, or sought to be enforced, if the person or entity desiring to remove the proceeding files notice of removal not later than 30 days after receiving, through service, notice of the proceeding.