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: 1456. Official immunity.. (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.