Removal Adjustment Act of 2022

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8569 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 8569

  To require a direct causal nexus to remove certain cases to Federal 
                     court, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2022

  Mrs. Luria introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To require a direct causal nexus to remove certain cases to Federal 
                     court, 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.

    This Act may be cited as the ``Removal Adjustment Act of 2022''.

SEC. 2. FEDERAL OFFICERS OR AGENCIES SUED OR PROSECUTED.

    (a) In General.--Section 1442 of title 28, United States Code, is 
amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (2) by redesignating subsection (d) as subsection (f);
            (3) by inserting after subsection (a) the following:
    ``(b) With respect to an action under subsection (a)(1), no such 
action may be removed unless the removing party demonstrates a direct 
causal nexus between the removing party's actions taken under the color 
of Federal office and the actions or omissions that are the subject of 
the plaintiff's or prosecutor's claim.''; and
            (4) by inserting before subsection (f), as redesignated, 
        the following:
    ``(e) Removal under this section shall be strictly construed and 
doubts regarding the propriety of removal shall be resolved in favor of 
remanding the case to State court.''.
    (b) Effective Date.--The amendments made by this Act shall take 
effect on January 1, 2023.
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