article: 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 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. (1) Background check.--The pre confirmation background check for the Director shall be conducted by the law enforcement divisions of the Department 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 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.
summary: Fair Justice Act of 2001 - Establishes the Fair Justice Agency as an independent executive branch agency to investigate and prosecute alleged misconduct, criminal activity, corruption, or fraud by Department of Justice officers or employees.