[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.
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IN THE HOUSE OF REPRESENTATIVES
July 28, 2022
Mrs. Luria introduced the following bill; which was referred to the
Committee on the Judiciary
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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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