[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 977 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                 S. 977

 To amend chapter 11 of title 18, United States Code, to ensure United 
 States attorneys are able to act impartially, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 23, 2007

  Mr. Salazar introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 11 of title 18, United States Code, to ensure United 
 States attorneys are able to act impartially, 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 ``Furthering the Independence of 
Federal Prosecutors Act of 2007''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure that ``The United States 
Attorney is the representative not of an ordinary party to a 
controversy, but of a sovereignty whose obligation to govern 
impartially is as compelling as its obligation to govern at all'', as 
stated by the Supreme Court of the United States in Berger v. United 
States 295 U.S. 78, 88 (1935).

SEC. 3. UNITED STATES ATTORNEYS.

    (a) In General.--Chapter 11 of title 18, United States Code, is 
amended by inserting after section 219 the following:
``Sec. 220. United States attorneys
    ``(a) In General.--It shall be unlawful to intentionally coerce, 
pressure, or attempt to influence the decision of a United States 
attorney regarding whether to conduct a criminal investigation or 
pursue a prosecution of any person based on that person's race, 
religion, sex, national origin, political activities, or political 
beliefs.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
fined not more than $50,000, imprisoned for not more than 1 year, or 
both.
    ``(c) Enforcement.--
            ``(1) In general.--This section may be enforced only by a 
        special prosecutor appointed under paragraph (2).
            ``(2) Procedures.--The Director of the Administrative 
        Office of the United States Courts shall establish procedures 
        that--
                    ``(A) upon the request of a United States attorney, 
                authorize a district court of the United States to 
                appoint a United States attorney as a special 
                prosecutor to investigate an alleged violation of this 
                section and prosecute a violation of this section;
                    ``(B) require that any United States attorney 
                appointed under subparagraph (A) was not involved in 
                any conduct relating to that alleged violation of this 
                section; and
                    ``(C) provide for the oversight of an investigation 
                or prosecution by a United States attorney appointed 
                under subparagraph (A) by the district court making 
                that appointment.''.
    (b) Technical and Conforming Amendment.--The table of sections at 
the beginning of chapter 11 of title 18, United States Code, is amended 
by inserting after the item relating to section 219 the following:

``220. United States attorneys.''.

SEC. 4. INITIATING AND DECLINING CHARGES; IMPERMISSIBLE CONSIDERATIONS.

    (a) In General.--In determining whether to commence or recommend a 
prosecution or take other action against a person relating to a 
criminal investigation or prosecution, an attorney for the Government 
shall not consider--
            (1) the race, religion, sex, national origin, or political 
        association, activities or beliefs of that person;
            (2) the personal feelings of that attorney concerning that 
        person, associates of that person, or the victim; or
            (3) the possible effect of the decision on the professional 
        or personal circumstances of that attorney.
    (b) Characteristics Pertinent to Offense.--If a characteristic 
listed in subsection (a)(1) is pertinent to an offense, the attorney 
for the Government may consider that characteristic for the purpose 
intended by the Congress.
    (c) Compliance.--The Attorney General of the United States shall 
ensure compliance with this section.
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