Impermissible considerations for initiating or declining charges and right of action

(a) In general Chapter 31 of title 28, United States Code, is amended by adding at the end the following: 530E. Impermissible considerations for initiating or declining charges and right of action (a) Definition In this section, the term applicable covered individual means— (1) if the investigation involved the Federal Bureau of Investigation, the Director of the Federal Bureau of Investigation, a special agent in charge, a section chief, and an agent of the Federal Bureau of Investigation; (2) if the investigation involved an agency other than the Federal Bureau of Investigation, the head of the agency and an agent of the agency; and (3) a United States attorney and a line prosecutor. (b) Impermissible considerations (1) In general In determining whether to commence or recommend prosecution or investigation an attorney or investigator for the Government shall not consider the political or policy associations, activities, or beliefs of the person. An attorney or investigator for the Government shall not commence or recommend prosecution or investigation against a person in order to influence or change, in any way, the political or policy associations, activities, or beliefs of the person. (2) Applications Each criminal complaint, information, indictment, and application for a search warrant or arrest warrant shall include an attestation by the applicable covered individual that— (A) the covered individual is not aware that the criminal complaint, information, indictment, search warrant, or arrest warrant, as applicable, is being sought because of the political association, activities, or beliefs of the person subject to the warrant or a defendant named in the indictment; (B) the covered individual is not aware that the criminal complaint, information, indictment, search warrant, or arrest warrant, as applicable, is being sought in order to influence or change, in any way, the political or policy associations, activities, or beliefs of the person subject to the warrant or a defendant named in the indictment; and (C) in the case of a criminal complaint, information, or indictment, the covered individual believes the evidence in support of the indictment is sufficient to prove the guilt of the defendant at trial beyond a reasonable doubt. (3) Rule of construction Nothing in paragraph (1) may be construed to limit the authority of the Attorney General— (A) to establish prosecutorial and other guidelines for personnel of the Department of Justice; (B) to displace any additional provisions of the Justice Manual; or (C) to exclude by implication any other consideration the Attorney General determines is impermissible in determining whether to commence or recommend prosecution or take other action against a person. (c) Right of action Any person investigated or prosecuted following a violation of this section may bring a civil action in an appropriate court of the United States for damages against any applicable covered individual in their individual capacity.. (b) Technical and conforming amendment The table of sections for chapter 31, United States Code, is amended by adding at the end the following: 530E. Impermissible considerations for initiating or declining charges and right of action..