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Amends subsection (a) of 28 U.S.C. 1442: (1) modifies paragraph (1) to replace language about officers (and persons acting under them) to cover persons who, at the time of removal, are officers of the United States (or persons acting under that officer) or were previously such an officer; and (2) adds paragraphs (5) and (6) authorizing removal by the President or Vice President for or relating to any act while in office or where State-court consideration may interfere with duties, and by a former President or Vice President for or relating to any act while in office.
Adds a new section 1456 (Official Immunity) to title 28, creating (1) a presumption of immunity for Federal officials in cases removable under 28 U.S.C. 1442(a); (2) rules excluding certain evidence from immunity determinations; (3) authority for the Attorney General to represent or compensate private counsel for Federal officials; (4) a prohibition on courts defining or limiting duties of the Executive Office of the President; and (5) a dismissal standard for actions removed under paragraphs (5) or (6) of 28 U.S.C. 1442(a).
Amends subsection (b) of 28 U.S.C. 1455 by revising paragraph (3) to change 'shall not' to 'shall' and to replace the exception language concerning entry of judgment of conviction with 'and no judgment of conviction shall be entered unless the prosecution is remanded'; revising paragraph (4) to require a prima facie showing demonstrating the basis for removal and to provide that the matter shall be removed where such a showing is made; and making specified textual changes in paragraph (5), including replacing 'an evidentiary hearing' with 'a hearing' and inserting additional text.
Amends paragraph (3) to replace 'shall not' with 'shall' and to replace the phrase 'except that a judgment of conviction shall not be entered unless the prosecution is first remanded' with 'and no judgment of conviction shall be entered unless the prosecution is remanded'; amends paragraph (4) to replace 'promptly. If' with 'promptly and where a prima facie showing demonstrating the basis for removal is made, the matter shall be removed. Only if'; and amends paragraph (5) to (A) insert text after specified punctuation, (B) replace 'an evidentiary hearing' with 'a hearing', and (C) and (D) insert text after specified punctuation as described in the subsection.
Makes it easier for federal officials to move state civil and criminal cases against them into federal court and creates a strong presumption that they are immune from state-law charges for official acts. It adds special removal and dismissal rules for cases involving the President or Vice President. It updates procedures for removing criminal prosecutions, limits what courts may review when deciding immunity, lets the Attorney General provide or fund legal representation for covered officials, and bars courts from narrowing the duties of Executive Office of the President staff. The changes apply immediately to pending and future cases.
Amend 28 U.S.C. §1442(a) introductory matter by making a textual insertion in the matter preceding paragraph (1) (technical edit described in the section).
Amend 28 U.S.C. §1442(a)(1) by striking the phrase "or any officer (or any person acting under that officer) of the United States or of any agency thereof," and inserting language to cover persons who, at the time of removal, are officers of the United States (or persons acting under those officers) or of any agency thereof, or were previously such officers.
Add new paragraph (5) to 28 U.S.C. §1442(a) permitting removal by the President or Vice President for or relating to any act while in office, or where a 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.
Add new paragraph (6) to 28 U.S.C. §1442(a) permitting removal by a former President or former Vice President for or relating to any act while in office.
Make additional textual/formatting insertions within subsection (a) (for example, insertions after semicolons and related minor edits) as described in the subsection.
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Referred to the House Committee on the Judiciary.
Introduced March 3, 2025 by Russell Fry · Last progress March 3, 2025
Placed on the Union Calendar, Calendar No. 18.
Reported (Amended) by the Committee on Judiciary. H. Rept. 119-28.
Ordered to be Reported (Amended) by the Yeas and Nays: 14 - 11.
Committee Consideration and Mark-up Session Held