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tion 77.2(a) of part 77 of title 28 of the Code of Federal
Regulations.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘530B. Ethical standards for attorneys for the Government.’’.
SUBTITLE B—PUNISHABLE CONDUCT
PUNISHABLE CONDUCT
SEC. 821. (a) VIOLATIONS.—The Attorney General
shall establish, by plain rule, that it shall be punishable
conduct for any Department of Justice employee to—
(1) in the absence of probable cause seek the
indictment of any person;
(2) fail promptly to release information that
would exonerate a person under indictment;
(3) intentionally mislead a court as to the guilt
of any person;
(4) intentionally or knowingly misstate evi-
dence;
(5) intentionally or knowingly alter evidence;
(6) attempt to influence or color a witness’ tes-
timony;
(7) act to frustrate or impede a defendant’s
right to discovery;
(8) offer or provide sexual activities to any gov-
ernment witness or potential witness;
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(9) leak or otherwise improperly disseminate in-
formation to any person during an investigation; or
(10) engage in conduct that discredits the De-
partment.
(b) PENALTIES.—The Attorney General shall estab-
lish penalties for engaging in conduct described in sub-
section (a) that shall include—
(1) probation;
(2) demotion;
(3) dismissal;
(4) referral of ethical charges to the bar;
(5) loss of pension or other retirement benefits;
(6) suspension from employment; and
(7) referral of the allegations, if appropriate, to
a grand jury for possible criminal prosecution.
COMPLAINTS
SEC. 822. (a) WRITTEN STATEMENT.—A person who
believes that an employee of the Department of Justice
has engaged in conduct described in section 821(a) may
submit a written statement, in such form as the Attorney
General may require, describing the alleged conduct.
(b) PRELIMINARY INVESTIGATION.—Not later than
30 days after receipt of a written statement submitted
under subsection (a), the Attorney General shall conduct
a preliminary investigation and determine whether the al-
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legations contained in such written statement warrant fur-
ther investigation.
(c) INVESTIGATION AND PENALTY.—If the Attorney
General determines after conducting a preliminary inves-
tigation under subsection (a) that further investigation is
warranted, the Attorney General shall within 90 days fur-
ther investigate the allegations and, if the Attorney Gen-
eral determines that a preponderance of the evidence sup-
ports the allegations, impose an appropriate penalty.
MISCONDUCT REVIEW BOARD
SEC. 823. (a) ESTABLISHMENT.—There is estab-
lished as an independent establishment a board to be
known as the ‘‘Misconduct Review Board’’ (hereinafter in
this title referred to as the ‘‘Board’’).
(b) MEMBERSHIP.—The Board shall consist of—
(1) three voting members appointed by the
President, one of whom the President shall designate
as Chairperson;
(2) two non-voting members appointed by the
Speaker of the House of Representatives, one of
whom shall be a Republican and one of whom shall
be a Democrat; and
(3) two non-voting members appointed by the
Majority Leader of the Senate, one of whom shall be
a Republican and one of whom shall be a Democrat.
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(c) NON-VOTING MEMBERS SERVE ADVISORY ROLE
ONLY.—The non-voting members shall serve on the Board
in an advisory capacity only and shall not take part in
any decisions of the Board.
(d) SUBMISSION
OF
WRITTEN
STATEMENT
TO
BOARD.—If the Attorney General makes no determination
pursuant to section 822(b) or imposes no penalty under
section 822(c), a person who submitted a written state-
ment under section 822(a) may submit such written state-
ment to the Board.
(e) REVIEW OF ATTORNEY GENERAL DETERMINA-
TION.—The Board shall review all determinations made
by the Attorney General under sections 822(b) or 822(c).
(f) BOARD INVESTIGATION.—In reviewing a deter-
mination with respect to a written statement under sub-
section (e), or a written statement submitted under sub-
section (d), the Board may investigate the allegations
made in the written statement as the Board considers ap-
propriate.
(g) SUBPOENA POWER.—
(1) IN GENERAL.—The Board may issue sub-
poenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter under investigation by the Board.
The attendance of witnesses and the production of
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evidence may be required from any place within the
United States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Board may apply to a United States
district court for an order requiring that person to
appear before the Board to give testimony, produce
evidence, or both, relating to the matter under inves-
tigation. The application may be made within the ju-
dicial district where the hearing is conducted or
where that person is found, resides, or transacts
business. Any failure to obey the order of the court
may be punished by the court as civil contempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Board shall be served in the manner provided
for subpoenas issued by a United States district
court under the Federal Rules of Civil Procedure for
the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is made under paragraph
(2) may be served in the judicial district in which
the person required to be served resides or may be
found.
(h) MEETINGS.—The Board shall meet at the call of
the Chairperson or a majority of its voting members. All
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meetings shall be open to the public. The Board is author-
ized to sit where the Board considers most convenient
given the facts of a particular complaint, but shall give
due consideration to conducting its activities in the judi-
cial district where the complainant resides.
(i) DECISIONS.—Decisions of the Board shall be
made by majority vote of the voting members.
(j) AUTHORITY TO IMPOSE PENALTY.—After con-
ducting such independent review and investigation as it
deems appropriate, the Board by a majority vote of its
voting members may impose a penalty, including dismis-
sal, as provided in section 821(b) as it considers appro-
priate.
(k) COMPENSATION.—
(1) PROHIBITION OF COMPENSATION OF FED-
ERAL EMPLOYEES.—Members of the Board who are
full-time officers or employees of the United States,
including Members of Congress, may not receive ad-
ditional pay, allowances, or benefits by reason of
their service on the Board.
(2) TRAVEL
EXPENSES.—Each member shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and
5703 of title 5, United States Code.
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(l) EXPERTS AND CONSULTANTS.—The Board may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, but at rates for
individuals not to exceed $200 per day.
(m) STAFF OF FEDERAL AGENCIES.—Upon request
of the Chairperson, the head of any Federal department
or agency may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Board to
assist it in carrying out its duties under this title.
(n) OBTAINING OFFICIAL DATA.—The Board may
secure directly from any department or agency of the
United States information necessary to enable it to carry
out this title. Upon request of the Chairperson of the
Board, the head of that department or agency shall fur-
nish that information to the Board.
(o) MAILS.—The Board may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(p) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Board, the Administrator of General
Services shall provide to the Board, on a reimbursable
basis, the administrative support services necessary for the
Board to carry out its responsibilities under this title.
(q) CONTRACT AUTHORITY.—The Board may con-
tract with and compensate government and private agen-