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H.R. 1789IntroducedHouse · nowSenatePresidentLawWaiting for a House vote
Sec. 2 · H.R. 1789

Removal of certain actions

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No wording changed between Introduced and Committee version.

How the text changed

Introduced · Sec. 2

(a) In general Section 1442 of title 28, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting, upon a prima facie showing by the removing party that the standards for removal are met, after removed by them; and (B) in paragraph (1)— (i) by striking or any officer (or any person acting under that officer) of the United States or of any agency thereof, and inserting or any person who, at the time of removal, is an officer of the United States (or any person acting under that officer) or of any agency thereof, or was previously such an officer,; and (ii) by inserting (including a discretionary exercise of any authority of such office) after color of such office; and (2) by adding at the end of subsection (a) the following: (5) The President or Vice President for or relating to any act while in office or where the State court’s consideration of the claim or charge may interfere with, hinder, burden, or delay the execution of the duties of the President or the Vice President. (6) A former President or Vice President for or relating to any act while in office.. (b) Application The amendments made by subsection (a) shall apply to a civil action or criminal prosecution pending on the date of enactment of this Act or commenced on or after such date.

•HR 1789 IHSEC. 2
Committee version · Sec. 2

(a) In general Section 1442 of title 28, United States Code, is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting, upon a prima facie showing by the removing party that the standards for removal are met, after removed by them; and (B) in paragraph (1)— (i) by striking or any officer (or any person acting under that officer) of the United States or of any agency thereof, and inserting or any person who, at the time of removal, is an officer of the United States (or any person acting under that officer) or of any agency thereof, or was previously such an officer,; and (ii) by inserting (including a discretionary exercise of any authority of such office) after color of such office; and (2) by adding at the end of subsection (a) the following: (5) The President or Vice President for or relating to any act while in office or where the State court’s consideration of the claim or charge may interfere with, hinder, burden, or delay the execution of the duties of the President or the Vice President. (6) A former President or Vice President for or relating to any act while in office.. (b) Application The amendments made by subsection (a) shall apply to a civil action or criminal prosecution pending on the date of enactment of this Act or commenced on or after such date.

•HR 1789 RHSEC. 2

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