[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1789 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1789
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
_______________________________________________________________________
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''.
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) 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.
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