Based on title 28, U.S.C., 1940 ed., §§ 76 and 77 (Mar. 3, 1911, ch. 231, §§ 33, 34, 36 Stat. 1097, 1098; Aug. 23, 1916, ch. 399, 39 Stat. 532).

Section consolidates sections 76 and 77 of title 28, U.S.C., 1940 ed.

The revised subsection (a)(1) is extended to apply to all officers and employees of the United States or any agency thereof. Section 76 of title 28, U.S.C., 1940 ed., was limited to revenue officers engaged in the enforcement of the criminal or revenue laws.

The procedural provisions of section 76 of title 28, U.S.C., 1940 ed., are incorporated in sections 1446 and 1447 of this title. (See reviser’s notes under those sections.)

Changes were made in phraseology.

2013—Subsecs. (c), (d). Pub. L. 112–239 added subsecs. (c) and (d) and struck out former subsec. (c) which read as follows: “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.”

2011—Subsec. (a). Pub. L. 112–51, § 2(a)(1), inserted “that is” after “or criminal prosecution”, “and that is” after “in a State court”, and “or directed to” after “against” in introductory provisions.

Subsec. (a)(1). Pub. L. 112–51, § 2(b)(1), substituted “capacity, for or relating to” for “capacity for” and struck out “sued” after “thereof,”.

Subsec. (a)(3), (4). Pub. L. 112–51, § 2(b)(2), inserted “or relating to” after “for”.

Subsec. (c). Pub. L. 112–51, § 2(a)(2), added subsec. (c).

1996—Pub. L. 104–317, § 206(a)(1), inserted “or agencies” after “officers” in section catchline.

Subsec. (a). Pub. L. 104–317, § 206(a)(2), struck out “persons” after “following” in introductory provisions and substituted “The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, sued in an official or individual capacity for any act under color of such office” for “Any officer of the United States or any agency thereof, or person acting under him, for any act under color of such office” in par. (1).