[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 305 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 305
To establish the Fair Justice Agency as an independent agency for
investigating and prosecuting alleged misconduct, criminal activity,
corruption, or fraud by an officer or employee of the Department of
Justice.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2001
Mr. Traficant introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish the Fair Justice Agency as an independent agency for
investigating and prosecuting alleged misconduct, criminal activity,
corruption, or fraud by an officer or employee of the Department of
Justice.
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 ``Fair Justice Act of 2001''.
SEC. 2. ESTABLISHMENT.
There is established the Fair Justice Agency (in this Act referred
to as the ``Agency''), which shall be an independent agency in the
executive branch of the Government.
SEC. 3. DIRECTOR.
(a) In General.--There is at the head of the Agency a Director, who
shall be responsible for the exercise of all powers and the discharge
of all duties of the Agency.
(b) Appointment.--The Director shall be appointed for a term of ten
years by the President, by and with the advice and consent of the
Senate, from among persons who, by reason of general background and
experience, are specially qualified to manage the full range of
responsibilities of the Director.
(1) Background check.--The pre confirmation background
check for the Director shall be conducted by the law
enforcement divisions of the Department of Treasury.
(c) Pay.--
(1) In general.--The Director shall be paid at the rate
payable for level II of the Executive Schedule.
(2) Conforming amendment.--Section 5313 of title 5, United
States Code, is amended by adding at the end the following
item: ``Director, Fair Justice Agency.''.
(d) Travel Expenses.--The Director and individuals appointed under
section 5(a) shall receive travel expenses in accordance with sections
5702 and 5703 of title 5, United States Code.
(e) Dismissal.--
(1) In general.--The Director may be dismissed only by the
President for inefficiency, neglect of duty, or malfeasance in
office.
(2) Report.--Within five days after dismissing a Director
under this subsection, the President shall submit to the
Congress a report containing a detailed statement of the
reasons for the dismissal.
SEC. 4. INVESTIGATIVE AND PROSECUTORIAL AUTHORITY.
(a) In General.--The Director may investigate and prosecute any
alleged misconduct, criminal activity, corruption, or fraud by an
officer or employee of the Department of Justice.
(b) Specific Functions and Powers.--The authority of the Director
under subsection (a) shall include the following:
(1) Conducting proceedings before grand juries and other
investigations.
(2) Participating in court proceedings and engaging in any
litigation, including civil and criminal matters, that the
Director considers necessary.
(3) Appealing any decision of a court in any case or
proceeding in which the Director participates in an official
capacity.
(4) Reviewing all documentary evidence available from any
source.
(5) Determining whether to contest the assertion of any
testimonial privilege.
(6) Receiving appropriate national security clearances and,
if necessary, contesting in court (including participating in
camera proceedings) any claim of privilege or attempt to
withhold evidence on grounds of national security.
(7) Making applications to any Federal court for a grant of
immunity to any witness, consistent with applicable statutory
requirements, or for warrants, subpoenas, or other court
orders, and for purposes of this Act exercising the authority of a
United States attorney or the Attorney General under sections 6003,
6004, and 6005 of title 18, United States Code.
(8) Inspecting, obtaining, or using the original or a copy
of any tax return, in accordance with the applicable statutes
and regulations, and, for purposes of this Act exercising the
authority vested in a United States attorney or the Attorney
General under section 6103 of the Internal Revenue Code of 1986
and the regulations issued thereunder.
(9) Initiating and conducting prosecutions in any court of
competent jurisdiction, framing and signing indictments, filing
informations, and handling all aspects of any case, in the name
of the United States.
(10) Consulting with the United States attorney for the
district in which any violation of law being investigated or
prosecuted by the Director is alleged to have occurred.
SEC. 5. OFFICERS AND EMPLOYEES
(a) Officers and Employees.--The Director may appoint and fix the
compensation of such officers and employees, including attorneys, as
the Director considers appropriate.
(b) Applicability of Certain Civil Service Laws.--Such officers and
employees shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and shall be paid in accordance with the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to classification
and General Schedule pay rates.
(c) Experts and Consultants.--The Director may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, at rates for individuals not to exceed the maximum rate
payable under the General Schedule.
SEC. 6. ADMINISTRATIVE POWERS.
(a) Rules.--The Director may prescribe such procedural and
administrative rules and regulations as the Director deems necessary or
appropriate to administer and manage the functions now or hereafter
vested in the Director.
(b) Reorganization.--The Director may establish, alter,
consolidate, or discontinue such organizational units or components
within the Agency as the Director considers appropriate.
(c) Mails.--The Agency may use the United States mails in the same
manner and under the same conditions as other departments and agencies
of the United States.
(d) Administrative Support Services.--Upon the request of the
Director, the Administrator of General Services shall provide to the
Agency, on a reimbursable basis, the administrative support services
necessary for the Agency to carry out its responsibilities under this
Act.
(e) Contract Authority.--The Director may enter into and perform
such contracts, leases, cooperative agreements, or other similar
transactions with government and private agencies or persons for
supplies and services, to the extent or in the amounts provided in
advance in appropriation Acts.
(f) Seal of Agency.--The Director shall cause a seal of office to
be made for the Agency of such design as the Director shall approve.
Judicial notice shall be taken of such seal.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Director to carry
out this Act $10,000,000 for fiscal year 2001, $15,000,000 for fiscal
year 2002, and $20,000,000 for fiscal year 2003.
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