,,ib ,union ,calendar ,no4 #ah #aaith ,,congress #ast ,session ,h4 ,r4 #aghi ,report ,no4 #aai-bh ,,in ,,the ,,house ,,of ,,representatives ,march #c1 #bjbe ,mr4 ,fry introduced the following bill2 which was referred to the ,committee on the ,judiciary ,march #ba1 #bjbe ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed ,strike out all after the enacting clause and insert the part printed in italic ,for text of introduced bill1 see copy of bill as introduced on ,march #c1 #bjbe ,a ,,bill ,to amend title #bh1 ,united ,states ,code1 to clarify the removability of certain actions against current and former ,presidents and other senior ,executive officials1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,promptly ,ending ,political ,prosecutions and ,executive ,retaliation ,act of #bjbe4 #b4 ,removal of certain actions 7a7 ,in general ,section #addb of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting 1 upon a prima facie showing by the removing party that the standards for removal are met1 after removed by them2 and 7,b7 in paragraph 7#a7-- 7i7 by striking or any officer 7or any person acting under that officer7 of the ,united ,states or of any agency thereof1 and inserting or any person who1 at the time of removal1 is an officer of the ,united ,states 7or any person acting under that officer7 or of any agency thereof1 or was previously such an officer12 and 7ii7 by inserting 7including a discretionary exercise of any authority of such office7 after color of such office2 and 7#b7 by adding at the end of subsection 7a7 the following3 7#e7 ,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 with1 hinder1 burden1 or delay the execution of the duties of the ,president or the ,vice ,president4 7#f7 ,a former ,president or ,vice ,president for or relating to any act while in office4 4 7b7 ,application ,the amendments made by subsection 7a7 shall apply to a civil action or criminal prosecution pending on the date of enactment of this ,act or commenced on or after such date4 #c4 ,procedure for removal of criminal cases 7a7 ,in general ,section #adee7;b7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 by striking shall not and inserting shall2 and 7,b7 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 remanded2 7#b7 in paragraph 7#d71 by striking promptly4 ,if and inserting promptly and where a prima facie showing demonstrating the basis for removal is made1 the matter shall be removed4 ,only if2 and 7#c7 in paragraph 7#e7-- 7,a7 by inserting summary dismissal or the after does not order the2 7,b7 by striking an evidentiary hearing and inserting a hearing2 7,c7 by inserting including dismissal under section #adef after require2 and 7,d7 by inserting or dismissal ordered after permitted4 7b7 ,application ,the amendments made by subsection 7a7 shall apply to criminal prosecutions pending on the date of enactment of this ,act or commenced on or after such date4 #d4 ,official immunity 7a7 ,in general ,chapter #hi of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #adef4 ,official ,immunity 7a7 ,immunity ,in any case that is subject to removal under section #addb7;a71 a ,federal official shall be presumed to have immunity under article ,,vi1 clause #b 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 right1 title or authority claimed under any ,act of ,congress for the apprehension or punishment of criminals or the collection of the revenue4 7b7 ,determination of immunity ,for purposes of making a determination of immunity under subsection 7a71 the following may not be admitted into evidence3 7#a7 ,the nature1 elements or any other aspect of the charge or claim made by or under authority of ,state law4 7#b7 ,an act alleged to be official that is not the subject of the charge or claim made by or under authority of ,state law4 7c7 ,representation ,in any case that is subject to removal under section #addb7;a7 that names a ,federal official as a party1 the ,attorney ,general may-- 7#a7 represent such ,federal official for any charge or claim made by or under authority of ,state law2 or 7#b7 compensate private counsel retained by such official at a reasonable prevailing rate for any such charge or claim4 7d7 ,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 ,president4 7e7 ,dismissal ,in any action subject to removal under paragraph 7#e7 or 7#f7 of section #addb7;a71 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 interfere1 hinder1 burden1 or delay the execution of the duties of the ,president or ,vice ,president4 4 7b7 ,table of sections ,the table of sections for such chapter is amended by adding at the end the following3 #adef4 ,official immunity4 4 7c7 ,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 date4 ,march #ba1 #bjbe ,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed