119-hr1789

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1789 Reported in House

    (RH) ]

<DOC>

 Union Calendar No. 18
119th CONGRESS
 1st Session
 H. R. 1789

 [Report No. 119-28]

 To amend title 28, United States Code, to clarify the removability of 
certain actions against current and former Presidents and other senior 
 Executive officials, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 3, 2025

 Mr. Fry introduced the following bill; which was referred to the 
 Committee on the Judiciary

 March 21, 2025

 Reported with an amendment, committed to the Committee of the Whole 
 House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
 in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
 3, 2025]

_______________________________________________________________________

 A BILL

 To amend title 28, United States Code, to clarify the removability of 
certain actions against current and former Presidents and other senior 
 Executive officials, 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 ``Promptly Ending Political 
Prosecutions and Executive Retaliation Act of 2025''.

SEC. 2. REMOVAL OF CERTAIN ACTIONS.

    (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.

SEC. 3. PROCEDURE FOR REMOVAL OF CRIMINAL CASES.

    (a) In General.--

Section 1455

    (b) of title 28, United States Code, 
is amended--

    (1) in paragraph

    (3) --
        (A) by striking ``shall not'' and inserting 
 ``shall''; and
        (B) by striking ``except that a judgment of 
 conviction shall not be entered unless the prosecution 
 is first remanded'' and inserting ``and no judgment of 
 conviction shall be entered unless the prosecution is 
 remanded'';

    (2) in paragraph

    (4) , by striking ``promptly. If'' and 
 inserting ``promptly and where a prima facie showing 
 demonstrating the basis for removal is made, the matter shall 
 be removed. Only if''; and

    (3) in paragraph

    (5) --
        (A) by inserting ``summary dismissal or the'' after 
 ``does not order the'';
        (B) by striking ``an evidentiary hearing'' and 
 inserting ``a hearing'';
            (C) by inserting ``including dismissal under 
 

section 1456'' after ``require''; and
            (D) by inserting ``or dismissal ordered'' after 
 ``permitted''.

    (b) Application.--The amendments made by subsection

    (a) shall apply 
to criminal prosecutions pending on the date of enactment of this Act 
or commenced on or after such date.

SEC. 4. OFFICIAL IMMUNITY.

    (a) In General.--Chapter 89 of title 28, United States Code, is 
amended by adding at the end the following:
``

Sec. 1456. Official Immunity
 ``

    (a) Immunity.--In any case that is subject to removal under 

section 1442

    (a) , a Federal official shall be presumed to have immunity 
under article VI, clause 2 of the Constitution of the United States 
from any charge or claim made by or under authority of State law which 
may only be rebutted by clear and convincing evidence that the official 
was not acting under the color of such office or on account of any 
right, title or authority claimed under any Act of Congress for the 
apprehension or punishment of criminals or the collection of the 
revenue.
 ``

    (b) Determination of Immunity.--For purposes of making a 
determination of immunity under subsection

    (a) , the following may not 
be admitted into evidence:
 ``

    (1) The nature, elements or any other aspect of the 
 charge or claim made by or under authority of State law.
 ``

    (2) An act alleged to be official that is not the subject 
 of the charge or claim made by or under authority of State law.
 ``
            (c) Representation.--In any case that is subject to removal under 

section 1442

    (a) that names a Federal official as a party, the Attorney 
General may--
 ``

    (1) represent such Federal official for any charge or 
 claim made by or under authority of State law; or
 ``

    (2) compensate private counsel retained by such official 
 at a reasonable prevailing rate for any such charge or claim.
 ``
            (d) Prohibition on Limitation of Scope.--No court may define or 
limit the scope of the duties of an official of the Executive Office of 
the President.
 ``

    (e) Dismissal.--In any action subject to removal under paragraph

    (5) or

    (6) of 

section 1442

    (a) , such case shall be dismissed unless 
rebutted by clear and convincing evidence establishing that the 
continued pendency of the State claim or charge would not in any way 
interfere, hinder, burden, or delay the execution of the duties of the 
President or Vice President.''.

    (b) Table of Sections.--The table of sections for such chapter is 
amended by adding at the end the following:

``1456. Official immunity.''.
            (c) Application.--The amendments made by this section shall apply 
to civil actions or criminal prosecutions pending on the date of 
enactment of this Act or commenced on or after such date.
 Union Calendar No. 18

119th CONGRESS

 1st Session

 H. R. 1789

 [Report No. 119-28]

_______________________________________________________________________

 A BILL

 To amend title 28, United States Code, to clarify the removability of 
certain actions against current and former Presidents and other senior 
 Executive officials, and for other purposes.

_______________________________________________________________________

 March 21, 2025

 Reported with an amendment, committed to the Committee of the Whole 
 House on the State of the Union, and ordered to be printed