text: 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.
target: 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.
feat_title: 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.