I
107TH CONGRESS
1ST SESSION
H. R. 305
To establish the Fair Justice Agency as an independent agency for inves-
tigating 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 mis-
conduct, criminal activity, corruption, or fraud by an
officer or employee of the Department of Justice.
Be it enacted by the Senate and House of Representa-
tives 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 inde-
HR 305 IH
pendent agency in the executive branch of the Govern-
ment.
SEC. 3. DIRECTOR.
(a) IN GENERAL.—There is at the head of the Agen-
cy 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 responsibil-
ities of the Director.
(1) BACKGROUND CHECK.—The pre confirma-
tion background check for the Director shall be con-
ducted by the law enforcement divisions of the De-
partment 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 Jus-
tice Agency.’’.
HR 305 IH
(d) TRAVEL EXPENSES.—The Director and individ-
uals appointed under section 5(a) shall receive travel ex-
penses in accordance with sections 5702 and 5703 of title
5, United States Code.
(e) DISMISSAL.—
(1) IN GENERAL.—The Director may be dis-
missed 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 de-
tailed 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, cor-
ruption, or fraud by an officer or employee of the Depart-
ment of Justice.
(b) SPECIFIC FUNCTIONS AND POWERS.—The au-
thority 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 en-
gaging in any litigation, including civil and criminal
matters, that the Director considers necessary.
HR 305 IH
(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 avail-
able from any source.
(5) Determining whether to contest the asser-
tion of any testimonial privilege.
(6) Receiving appropriate national security
clearances and, if necessary, contesting in court (in-
cluding 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 war-
rants, subpoenas, or other court orders, and for pur-
poses 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 pur-
poses of this Act exercising the authority vested in
a United States attorney or the Attorney General
HR 305 IH
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 han-
dling 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 em-
ployees, including attorneys, as the Director considers ap-
propriate.
(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
HR 305 IH
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 proce-
dural and administrative rules and regulations as the Di-
rector deems necessary or appropriate to administer and
manage the functions now or hereafter vested in the Direc-
tor.
(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 agree-
ments, or other similar transactions with government and
private agencies or persons for supplies and services, to
HR 305 IH
the extent or in the amounts provided in advance in appro-
priation 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 Direc-
tor to carry out this Act $10,000,000 for fiscal year 2001,
$15,000,000 for fiscal year 2002, and $20,000,000 for fis-
cal year 2003.
Æ