S.Amdt. 4732Senate111th Congress (2009-2011)

To improve the bill.

What it does: 3 changes: replaces text in 3 places
Submitted December 3, 2010

What it changes

3 changes to H.R. 5281

Replaces text in 3 places

We couldn't read part of this amendment. That part is shown as written below.

  1. Change 1: Rewrites page 2, lines 8–18

    ReplacesPrinted page

    Removes page 2, lines 8–18 of the printed bill. See that page

    Inserted: (1) in subsection (a), in the matter preceding paragraph (1)--

    Inserted: (A) by inserting "that is" after "or criminal prosecution";

    Inserted: (B) by inserting "and that is" after "in a State court"; and

    Inserted: (C) by inserting "or directed to" after "against"; and

    Inserted: (2) by adding at the end the following:

    Inserted: "(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 proceeding 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.".

    Original wording

    On page 2, strike lines 8 through 18 and insert the following:

  2. Change 2: Rewrites page 3, lines 4–19

    ReplacesPrinted page

    Removes page 3, lines 4–19 of the printed bill. See that page

    Inserted: (g) 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 or sought 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.

    Original wording

    On page 3, strike lines 4 through 19 and insert the following:

  3. Change 3: Rewrites page 3, line 23 through page 4, line 6

    ReplacesPrinted page

    Removes page 3, line 23 through page 4, line 6 of the printed bill. See that page

    Inserted: SEC. 3. PAYGO COMPLIANCE.

    Inserted: The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, 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 Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

    Original wording

    On page 3, strike line 23 and all that follows through page 4, line 6, and insert the following:

Shown as written

United States Code, is amended--

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 4732. Mr. DURBIN (for Mr. Leahy) proposed an amendment to the bill H.R. 5281, 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; as follows:

On page 2, strike lines 8 through 18 and insert the following: United States Code, is amended--

(1) in subsection (a), in the matter preceding paragraph (1)--

(A) by inserting “that is” after “or criminal prosecution”;

(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 proceeding 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.”.

On page 3, strike lines 4 through 19 and insert the following:

“(g) 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 or sought 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.”.

On page 3, strike line 23 and all that follows through page 4, line 6, and insert the following:

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, 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 Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

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Senate amendment submitted

December 3, 2010

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Senate amendment submitted

December 3, 2010

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Senate amendment agreed to: Amendment SA 4732 agreed to in Senate by Unanimous Consent.

December 3, 2010

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Senate amendment proposed (on the floor): Amendment SA 4732 proposed by Senator Durbin for Senator Leahy.(consideration: CR S8509-8510; text: CR S8509-8510)

December 3, 2010

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Amendment SA 4732 proposed by Senator Durbin for Senator Leahy. (consideration: CR S8509-8510; text: CR S8509-8510) To improve the bill.

December 3, 2010

Floor

Amendment SA 4732 agreed to in Senate by Unanimous Consent.

December 3, 2010