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Creates a new exception to the Federal Tort Claims Act (FTCA) that removes FTCA coverage for any claim filed by the President, and for any claim filed by a person who later becomes President while the claim is still pending. The exclusion applies to claims that are pending on the date of enactment and to claims filed on or after enactment.
Amend 28 U.S.C. § 2680 by adding a new subsection (o).
Any claim, without regard to when the act or omission occurred, brought by the President, or by an individual who subsequently becomes President while the claim is pending, is excluded from the Federal Tort Claims Act.
The amendment applies to any claim pending on, or brought on or after, the date of enactment of this Act.
Primary effect: individuals who are Presidents (and those who become President while an FTCA claim is pending) can no longer pursue claims under the FTCA. That removes the FTCA route for such claimants and could require them to seek other remedies outside the FTCA, if any exist. Federal agencies and the Department of Justice may face fewer FTCA filings in this narrow class of cases, possibly reducing litigation costs and exposure for the government in those situations. Courts could see new litigation over how to apply the exception (for example, determining if a pending claim falls within the exclusion when a claimant becomes President). The change is narrow and procedural — it does not create programs, spend money, or impose duties on states or localities — but it could trigger constitutional or equal‑protection challenges and create uncertainty about available remedies for affected claimants.
Read twice and referred to the Committee on the Judiciary.
Introduced November 18, 2025 by Adam Schiff · Last progress November 18, 2025
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Read twice and referred to the Committee on the Judiciary.
Introduced in Senate