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 2000'.
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.
(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.