IB
Union Calendar No. 18
119THCONGRESS
1
STSESSION 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
MARCH3, 2025
Mr. F
RYintroduced the following bill; which was referred to the Committee
on the Judiciary
M
ARCH21, 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]
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A BILL
To amend title 28, United States Code, to clarify the remov-
ability of certain actions against current and former
Presidents and other senior Executive officials, and for
other purposes.
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Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Promptly Ending Polit-4
ical Prosecutions and Executive Retaliation Act of 2025’’. 5
SEC. 2. REMOVAL OF CERTAIN ACTIONS. 6
(a) I
NGENERAL.—Section 1442 of title 28, United 7
States Code, is amended— 8
(1) in subsection (a)— 9
(A) in the matter preceding paragraph (1), 10
by inserting ‘‘, upon a prima facie showing by 11
the removing party that the standards for re-12
moval are met,’’ after ‘‘removed by them’’; and 13
(B) in paragraph (1)— 14
(i) by striking ‘‘or any officer (or any 15
person acting under that officer) of the 16
United States or of any agency thereof,’’ 17
and inserting ‘‘or any person who, at the 18
time of removal, is an officer of the United 19
States (or any person acting under that of-20
ficer) or of any agency thereof, or was pre-21
viously such an officer,’’; and 22
(ii) by inserting ‘‘(including a discre-23
tionary exercise of any authority of such of-24
fice)’’ after ‘‘color of such office’’; and 25
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(2) by adding at the end of subsection (a) the fol-1
lowing: 2
‘‘(5) The President or Vice President for or relat-3
ing to any act while in office or where the State 4
court’s consideration of the claim or charge may 5
interfere with, hinder, burden, or delay the execution 6
of the duties of the President or the Vice President. 7
‘‘(6) A former President or Vice President for or 8
relating to any act while in office.’’. 9
(b) A
PPLICATION.—The amendments made by sub-10
section (a) shall apply to a civil action or criminal prosecu-11
tion pending on the date of enactment of this Act or com-12
menced on or after such date. 13
SEC. 3. PROCEDURE FOR REMOVAL OF CRIMINAL CASES. 14
(a) I
NGENERAL.—Section 1455(b) of title 28, United 15
States Code, is amended— 16
(1) in paragraph (3)— 17
(A) by striking ‘‘shall not’’ and inserting 18
‘‘shall’’; and 19
(B) by striking ‘‘except that a judgment of 20
conviction shall not be entered unless the pros-21
ecution is first remanded’’ and inserting ‘‘and 22
no judgment of conviction shall be entered unless 23
the prosecution is remanded’’; 24
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(2) in paragraph (4), by striking ‘‘promptly. If’’ 1
and inserting ‘‘promptly and where a prima facie 2
showing demonstrating the basis for removal is made, 3
the matter shall be removed. Only if’’; and 4
(3) in paragraph (5)— 5
(A) by inserting ‘‘summary dismissal or 6
the’’ after ‘‘does not order the’’; 7
(B) by striking ‘‘an evidentiary hearing’’ 8
and inserting ‘‘a hearing’’; 9
(C) by inserting ‘‘including dismissal under 10
section 1456’’ after ‘‘require’’; and 11
(D) by inserting ‘‘or dismissal ordered’’ 12
after ‘‘permitted’’. 13
(b) A
PPLICATION.—The amendments made by sub-14
section (a) shall apply to criminal prosecutions pending on 15
the date of enactment of this Act or commenced on or after 16
such date. 17
SEC. 4. OFFICIAL IMMUNITY. 18
(a) I
NGENERAL.—Chapter 89 of title 28, United 19
States Code, is amended by adding at the end the following: 20
‘‘§ 1456. Official Immunity 21
‘‘(a) I
MMUNITY.—In any case that is subject to re-22
moval under section 1442(a), a Federal official shall be pre-23
sumed to have immunity under article VI, clause 2 of the 24
Constitution of the United States from any charge or claim 25
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made by or under authority of State law which may only 1
be rebutted by clear and convincing evidence that the offi-2
cial was not acting under the color of such office or on ac-3
count of any right, title or authority claimed under any 4
Act of Congress for the apprehension or punishment of 5
criminals or the collection of the revenue. 6
‘‘(b) D
ETERMINATION OFIMMUNITY.—For purposes of 7
making a determination of immunity under subsection (a), 8
the following may not be admitted into evidence: 9
‘‘(1) The nature, elements or any other aspect of 10
the charge or claim made by or under authority of 11
State law. 12
‘‘(2) An act alleged to be official that is not the 13
subject of the charge or claim made by or under au-14
thority of State law. 15
‘‘(c) R
EPRESENTATION.—In any case that is subject to 16
removal under section 1442(a) that names a Federal official 17
as a party, the Attorney General may— 18
‘‘(1) represent such Federal official for any 19
charge or claim made by or under authority of State 20
law; or 21
‘‘(2) compensate private counsel retained by such 22
official at a reasonable prevailing rate for any such 23
charge or claim. 24
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‘‘(d) PROHIBITION ONLIMITATION OFSCOPE.—No 1
court may define or limit the scope of the duties of an offi-2
cial of the Executive Office of the President. 3
‘‘(e) D
ISMISSAL.—In any action subject to removal 4
under paragraph (5) or (6) of section 1442(a), such case 5
shall be dismissed unless rebutted by clear and convincing 6
evidence establishing that the continued pendency of the 7
State claim or charge would not in any way interfere, 8
hinder, burden, or delay the execution of the duties of the 9
President or Vice President.’’. 10
(b) T
ABLE OFSECTIONS.—The table of sections for 11
such chapter is amended by adding at the end the following: 12
‘‘1456. Official immunity.’’.
(c) APPLICATION.—The amendments made by this sec-13
tion shall apply to civil actions or criminal prosecutions 14
pending on the date of enactment of this Act or commenced 15
on or after such date. 16
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18
119
TH
CONGRESS
1
ST
S
ESSION
H. R. 1789
[Report No. 119–28]
A BILL
To amend title 28, United States Code, to clarify
the removability of certain actions against cur-
rent and former Presidents and other senior Ex-
ecutive officials, and for other purposes.
M
ARCH
21, 2025
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
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