I
105TH CONGRESS
2D SESSION
H. R. 3396
To establish standards of conduct for Department of Justice employees,
and to establish a review board to monitor compliance with such standards.
IN THE HOUSE OF REPRESENTATIVES
MARCH 5, 1998
Mr. MCDADE (for himself and Mr. MURTHA) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To establish standards of conduct for Department of Justice
employees, and to establish a review board to monitor
compliance with such standards.
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 ‘‘Citizens Protection Act
of 1998’’.
SEC. 2. INTERPRETATION.
It is the intent of this Act that the term ‘‘employee’’
shall be interpreted so as to include, but not be limited
to, an attorney, investigator, special prosecutor, or other
employee of the Department of Justice as well as an attor-
ney, investigator, accountant, or a special prosecutor act-
ing under the authority of the Department of Justice.
TITLE I—ETHICAL STANDARDS
FOR FEDERAL PROSECUTORS
SEC. 101. ETHICAL STANDARDS FOR FEDERAL PROSECU-
TORS.
(a) IN GENERAL.—Chapter 31 of title 28, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 530B. Ethical standards for attorneys for the Gov-
ernment
‘‘(a) An attorney for the Government shall be subject
to State laws and rules, and local Federal court rules, gov-
erning attorneys in each State where such attorney en-
gages in that attorney’s duties, to the same extent and
in the same manner as other attorneys in that State.
‘‘(b) The Attorney General shall make and amend
rules of the Department of Justice to assure compliance
with this section.
‘‘(c) As used in this section, the term ‘attorney for
the Government’ includes any attorney described in sec-
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.’’.
TITLE II—PUNISHABLE
CONDUCT
SEC. 201. PUNISHABLE CONDUCT.
(a) VIOLATIONS.—The Attorney General shall estab-
lish, 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;
(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.
SEC. 202. COMPLAINTS.
(a) WRITTEN STATEMENT.—A person who believes
that an employee of the Department of Justice has en-
gaged in conduct described in section 201(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-
(h) MEETINGS.—The Board shall meet at the call of
the Chairperson or a majority of its voting members. All
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 201(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.
(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 Act.
(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 Act. 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 Act.
(q) CONTRACT AUTHORITY.—The Board may con-
tract with and compensate government and private agen-
cies or persons for services, without regard to section 3709
of the Revised Statutes (41 U.S.C. 5).
[(
) SUBPOENA POWER.—
(1) IN GENERAL.—The Commission may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter [under investigation by the Com-
mission] [which the Commission is empowered to in-
vestigate by section ]. The attendance of witnesses
and the production of evidence may be required from
any place within [the United States] [a State] [a ju-
dicial district] at any designated place of hearing
within the [United States] [that State] [that judicial
district].
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, produce evidence, or both, relating to the
matter under investigation. The application may be
made within the judicial 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 Commission shall be served in the manner
provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Pro-
cedure 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.]
Æ