[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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