US Codex
Bill
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Removal Adjustment Act of 2022

H.R. 8569 · 117th Congress · Jul 28, 2022 · Lineage

A BILL

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

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.”

(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.