[Report No. 119–28]
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
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:
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:
(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.