II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Furthering the Inde5 pendence of Federal Prosecutors Act of 2007’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to ensure that ‘‘The United 

8 States Attorney is the representative not of an ordinary 

9 party to a controversy, but of a sovereignty whose obliga10 tion to govern impartially is as compelling as its obligation 


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1 to govern at all’’, as stated by the Supreme Court of the 

2 United States in Berger v. United States 295 U.S. 78, 

3 88 (1935). 

4 SEC. 3. UNITED STATES ATTORNEYS. 

5 (a) IN GENERAL.—Chapter 11 of title 18, United 

6 States Code, is amended by inserting after section 219 the 

7 following: 

8 ‘‘§ 220. United States attorneys 

9 ‘‘(a) IN GENERAL.—It shall be unlawful to inten10 tionally coerce, pressure, or attempt to influence the deci11 sion of a United States attorney regarding whether to con12 duct a criminal investigation or pursue a prosecution of 

13 any person based on that person’s race, religion, sex, na14 tional origin, political activities, or political beliefs. 

15 ‘‘(b) PENALTY.—Any person who violates subsection 

16 (a) shall be fined not more than $50,000, imprisoned for 

17 not more than 1 year, or both. 

18 ‘‘(c) ENFORCEMENT.— 

19 ‘‘(1) IN GENERAL.—This section may be en20 forced only by a special prosecutor appointed under 

21 paragraph (2). 

22 ‘‘(2) PROCEDURES.—The Director of the Ad23 ministrative Office of the United States Courts shall 

24 establish procedures that— 


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1 ‘‘(A) upon the request of a United States 

2 attorney, authorize a district court of the 

3 United States to appoint a United States attor4 ney as a special prosecutor to investigate an al5 leged violation of this section and prosecute a 

6 violation of this section; 

7 ‘‘(B) require that any United States attor8 ney appointed under subparagraph (A) was not 

9 involved in any conduct relating to that alleged 

10 violation of this section; and 

11 ‘‘(C) provide for the oversight of an inves12 tigation or prosecution by a United States at13 torney appointed under subparagraph (A) by 

14 the district court making that appointment.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

16 The table of sections at the beginning of chapter 11 of 

17 title 18, United States Code, is amended by inserting after 

18 the item relating to section 219 the following: 

‘‘220. United States attorneys.’’. 

19 SEC. 4. INITIATING AND DECLINING CHARGES; IMPERMIS20 SIBLE CONSIDERATIONS. 

21 (a) IN GENERAL.—In determining whether to com22 mence or recommend a prosecution or take other action 

23 against a person relating to a criminal investigation or 

24 prosecution, an attorney for the Government shall not con25 sider— 


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1 (1) the race, religion, sex, national origin, or 

2 political association, activities or beliefs of that per3 son; 

4 (2) the personal feelings of that attorney con5 cerning that person, associates of that person, or the 

6 victim; or 

7 (3) the possible effect of the decision on the 

8 professional or personal circumstances of that attor9 ney. 

10 (b) CHARACTERISTICS PERTINENT TO OFFENSE.—If 

11 a characteristic listed in subsection (a)(1) is pertinent to 

12 an offense, the attorney for the Government may consider 

13 that characteristic for the purpose intended by the Con14 gress. 

15 (c) COMPLIANCE.—The Attorney General of the 

16 United States shall ensure compliance with this section. 

Æ 


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