II 110th CONGRESS 1st Session S. 977 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.

1.

Short title

This Act may be cited as the Furthering the Independence of Federal Prosecutors Act of 2007.

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).

3.

United States attorneys

(a)

In general

Chapter 11 of title 18, United States Code, is amended by inserting after section 219 the following:

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. .

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.