[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 250 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 250

 To establish ethical standards for Federal prosecutors, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

  Mr. Hatch (for himself, Mr. DeWine, and Mr. Nickles) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To establish ethical standards for Federal prosecutors, 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 ``Federal Prosecutor Ethics Act''.

SEC. 2. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS.

    (a) Amendments to Title 28, United States Code.--
            (1) General.--Section 530B of title 28, United States Code, 
        is amended to read as follows:
``Sec. 530B. Ethical standards for Federal prosecutors
    ``(a) General.--Except as provided in subsection (b), a Federal 
prosecutor shall be subject to all laws and rules governing ethical 
conduct of attorneys of the State in which the Federal prosecutor is 
licensed as an attorney.
    ``(b) Exception.--A Federal prosecutor shall not be subject to a 
State law or rule governing ethical conduct of attorneys, to the extent 
that the State law or rule is inconsistent with Federal law or 
interferes with the effectuation of Federal law or policy, including 
the investigation of violations of Federal law.
    ``(c) Federal Prosecutor Defined.--In this section, the term 
`Federal prosecutor' means an attorney employed by the Department of 
Justice who is directly engaged in the prosecution of violations of 
Federal civil or criminal law.''.
            (2) Technical and conforming amendment.--The analysis for 
        chapter 31 of title 28, United States Code, is amended by 
        striking the item for section 530B and inserting the following:

``530B. Ethical standards for Federal prosecutors.''.
            (3) Regulations.--Not later than 90 days after the date of 
        enactment of this Act, the Attorney General shall promulgate 
        such regulations as may be necessary to carry out section 530B 
        of title 28, United States Code, as added by paragraph (1) of 
        this subsection.
    (b) Prohibited Conduct for Department of Justice Employees.--
            (1) In general.--The Attorney General shall establish by 
        rule that it shall be punishable conduct for any officer or 
        employee of the Department of Justice, in the discharge of his 
        or her official duties, intentionally to--
                    (A) seek the indictment of any person in the 
                absence of a reasonable belief of probable cause, as 
                prohibited by the Principles of Federal Prosecution, 
                United States Attorneys' Manual 9-27.200 et seq.;
                    (B) fail to disclose exculpatory evidence to the 
                defense, in violation of his or her obligations under 
                Brady v. Maryland (373 U.S. 83 (1963));
                    (C) mislead a court as to the guilt of any person 
                by knowingly making a false statement of material fact 
                or law;
                    (D) offer evidence known to be false;
                    (E) alter evidence in violation of section 1512 of 
                title 18, United States Code;
                    (F) attempt to corruptly influence or color a 
                witness's testimony with the intent to encourage 
                untruthful testimony, in violation of section 1503 or 
                1512 of title 18, United States Code;
                    (G) violate a defendant's right to discovery under 
                Rule 16(a) of the Federal Rules of Criminal Procedure;
                    (H) offer or provide sexual activities to any 
                government witness or potential witness in exchange for 
                or on account of his or her testimony; or
                    (I) improperly disseminate confidential, non-public 
                information to any person during an investigation or 
                trial, in violation of--
                            (i) section 50.2 of title 28, Code of 
                        Federal Regulations;
                            (ii) Rule 6(e) of the Federal Rules of 
                        Criminal Procedure;
                            (iii) subsection (b) or (c) of section 2232 
                        of title 18, United States Code;
                            (iv) section 6103 of the Internal Revenue 
                        Code of 1986; or
                            (v) United States Attorneys' Manual 1-7.000 
                        et seq.
            (2) Penalties.--The Attorney General shall establish a 
        range of penalties for engaging in conduct prohibited under 
        paragraph (1), which shall include--
                    (A) reprimand;
                    (B) demotion;
                    (C) dismissal;
                    (D) suspension from employment;
                    (E) referral of ethical charges to the bar; and
                    (F) referral of evidence related to the conduct, if 
                appropriate, to a grand jury for possible criminal 
                prosecution.
            (3) Substantive rights.--Nothing in paragraph (1) may be 
        construed to--
                    (A) establish any substantive right on behalf of a 
                criminal defendant, civil litigant, target or subject 
                of an investigation, witness, counsel for a represented 
                party or parties, or any other person; or
                    (B) provide a basis for--
                            (i) dismissing any criminal or civil charge 
                        or proceeding against any person in any court 
                        of the United States; or
                            (ii) excluding relevant evidence in any 
                        proceeding in any court of the United States.
    (c) Annual Report.--
            (1) In general.--Beginning on June 1, 1999, and on June 1 
        of each year thereafter, the Attorney General shall submit to 
        the Committees on the Judiciary and on Appropriations of the 
        House of Representatives and the Senate a report on the 
        activities and operations of the Office of Professional 
        Responsibility of the Department of Justice during the fiscal 
        year that ended on September 30 of the preceding year.
            (2) Elements of report.--Each report submitted under 
        paragraph (1) shall--
                    (A) include the number, type, and disposition of 
                all investigations conducted or supervised by the 
                Office of Professional Responsibility;
                    (B) include a summary of the findings of each 
                investigation in which the Department of Justice found 
                that an officer or employee of the Department of 
                Justice--
                            (i) engaged in willful misconduct; or
                            (ii) committed a willful violation of 
                        subsection (b)(1); and
                    (C) be confidential and not disclose information 
                that would interfere with any pending investigation or 
                improperly infringe upon the privacy rights of any 
                individual.
    (d) Commission on Federal Prosecutorial Conduct.--
            (1) Establishment and functions of commission.--
                    (A) Establishment.--There is established a 
                Commission on Federal Prosecutorial Conduct (referred 
                to in this subsection as the ``Commission'').
                    (B) Functions.--The functions of the Commission 
                shall be to--
                            (i) conduct a review regarding--
                                    (I) whether there are specific 
                                Federal duties related to investigation 
                                and prosecution of violations of 
                                Federal law which are incompatible with 
                                the regulation of the conduct of 
                                Federal prosecutors (as that term is 
                                defined in section 530B of title 28, 
                                United States Code) by any State law or 
                                rule governing ethical conduct of 
                                attorneys; and
                                    (II) the procedures utilized by the 
                                Department of Justice to investigate 
                                and punish inappropriate conduct by 
                                Federal prosecutors; and
                            (ii) not later than 12 months after the 
                        date on which the members of the Commission are 
                        appointed under paragraph (2)(B), submit to the 
                        Attorney General a report concerning the review 
                        under clause (i), including any recommendations 
                        of the Commission relating to the matters 
                        reviewed under clause (i).
                    (C) Consultation.--In carrying out subparagraph 
                (B), the Commission shall consult with the Attorney 
                General, the Chairmen and Ranking Members of the 
                Committees on the Judiciary of the House of 
                Representatives and the Senate, the American Bar 
                Association and other organizations of attorneys, 
                representatives of Federal, State, and local law 
                enforcement agencies, and Federal and State courts.
            (2) Membership.--
                    (A) In general.--The Commission shall be composed 
                of 7 members, each of whom shall be--
                            (i) appointed by the Chief Justice of the 
                        United States, after consultation with the 
                        Chairmen and Ranking Members of the Committees 
                        on the Judiciary of the House of 
                        Representatives and the Senate, and 
                        representatives of judges, prosecutors, defense 
                        attorneys, law enforcement officials, victims 
                        of crime, and others interested in the criminal 
                        justice process; and
                            (ii) a judge of the United States (as 
                        defined in section 451 of title 28, United 
                        States Code).
                    (B) Appointment.--The members of the Commission 
                shall be appointed not later than 30 days after the 
                date of enactment of this Act.
                    (C) Vacancy.--Any vacancy in the Commission shall 
                be filled in the same manner as the original 
                appointment.
                    (D) Chairperson.--The Commission shall elect a 
                chairperson and vice chairperson from among its 
                members.
                    (E) Quorum.--Four members of the Commission shall 
                constitute a quorum, but 2 members may conduct 
                hearings.
            (3) Compensation.--Members of the Commission who are 
        officers, or full-time employees, of the United States shall 
        receive no additional compensation for their services, but 
        shall be reimbursed for travel, subsistence, and other 
        necessary expenses incurred in the performance of duties vested 
        in the Commission, but not in excess of the maximum amounts 
        authorized under section 456 of title 28, United States Code.
            (4) Personnel.--
                    (A) Executive director.--The Commission may appoint 
                an Executive Director, who shall receive compensation 
                at a rate not exceeding the rate prescribed for level V 
                of the Executive Schedule under section 5316 of title 
                5, United States Code.
                    (B) Staff.--The Executive Director, with the 
                approval of the Commission, may appoint and fix the 
                compensation of such additional personnel as the 
                Executive Director determines to be necessary, without 
                regard to the provisions of title 5, United States 
                Code, governing appointments in the competitive service 
                or the provisions of chapter 51 and subchapter III of 
                chapter 53 of such title relating to classification and 
                General Schedule pay rates. Compensation under this 
                subparagraph shall not exceed the annual maximum rate 
                of basic pay for a position above GS-15 of the General 
                Schedule under section 5108 of title 5, United States 
                Code.
                    (C) Experts and consultants.--The Executive 
                Director may procure personal services of experts and 
                consultants as authorized by section 3109 of title 5, 
                United States Code, at rates not to exceed the highest 
                level payable under the General Schedule pay rates 
                under section 5332 of title 5, United States Code.
                    (D) Services.--The Administrative Office of the 
                United States Courts shall provide administrative 
                services, including financial and budgeting services, 
                to the Commission on a reimbursable basis. The Federal 
                Judicial Center shall provide necessary research 
                services to the Commission on a reimbursable basis.
            (5) Information.--The Commission may request from any 
        department, agency, or independent instrumentality of the 
        Federal Government any information and assistance the 
        Commission determines to be necessary to carry out its 
        functions under this subsection. Each such department, agency, 
        and independent instrumentality is authorized to provide such 
        information and assistance to the extent permitted by law when 
        requested by the chairperson of the Commission.
            (6) Report of the attorney general.--Not later than 60 days 
        after the date of enactment of this Act, the Attorney General 
        shall submit to the Commission a report, which shall, with 
        respect to the 3-year period preceding the date on which the 
        report is submitted under this paragraph--
                    (A) include the number, type, and disposition of 
                all investigations conducted or supervised by the 
                Office of Professional Responsibility of the Department 
                of Justice;
                    (B) include a summary of the findings of each 
                investigation in which the Department of Justice found 
                that an officer or employee of the Department of 
                Justice engaged in willful misconduct; and
                    (C) be confidential and not disclose information 
                that would interfere with any pending investigation or 
                improperly infringe upon the privacy rights of any 
                individual.
            (7) Termination.--The Commission shall terminate 90 days 
        after the date on which the Commission submits the report under 
        paragraph (1)(B)(ii).
            (8) Authorization of appropriations.--There is authorized 
        to be appropriated to the Commission such sums, not to exceed 
        $900,000, as may be necessary to carry out this subsection. 
        Amounts made available under this paragraph shall remain 
        available until expended.
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