HR.368 Removal Clarification Act of 2011
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.
- People's Vote
- NO
- Gov Vote
- YES
- Outcome
- NO
Recent Member Votes
My Representatives
Sponsored by
- Rep. Henry Johnson (GA Democrat)
Co-Sponsored by
- Rep. Lamar Smith (TX Republican)
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Our Analysis:
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Summary:
11/9/2011--Public Law. (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.
Actions:
Message on Senate action sent to the House.
Committee on the Judiciary. Reported by Senator Leahy without amendment. Without written report.
Committee on the Judiciary. Date of scheduled consideration. SD-226. 10:00 a.m.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Motion to reconsider laid on the table Agreed to without objection.
Considered as unfinished business.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Mr. Lungren, Daniel E. moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules.
DEBATE - The House proceeded with forty minutes of debate on H.R. 368.
Reported by the Committee on Judiciary. H. Rept. 112-17, Part I.
Committee on The Budget discharged.
Committee Consideration and Mark-up Session Held.
Subcommittee on Courts, Commercial and Administrative Law Discharged.
Referred to the Subcommittee on Courts, Commercial and Administrative Law.
Referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Judiciary
Referred to House Budget
Signed by President.
Passed Senate without amendment by Unanimous Consent.
Presented to President.
Placed on the Union Calendar, Calendar No. 8.
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 396 - 4 (Roll no. 150).
Committee on the Judiciary. Ordered to be reported without amendment favorably.
Became Public Law No: 112-51.
Ordered to be Reported by Voice Vote.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 197.
Question:
On Motion to Suspend the Rules and Pass, as Amended: H R 368 Removal Clarification Act2/3
Result
passed