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


Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled,


This Act may be cited as the `Fair Justice Act of 2000'.


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.


(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.

(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


`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.


(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.


(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


(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


(4) Reviewing all documentary evidence available from any


(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.


(a) OFFICERS AND EMPLOYEES- The Director may appoint and fix the

compensation of such officers and employees, including

attorneys, as the Director considers appropriate.


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


(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.


(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


(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.


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.