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S 2059 - 97

Ethics in Government Act Amendments of 1982

Became Public Law No: 97-409.

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Summary

36 Passed House amended May 1, 2004

(Measure passed House, amended, roll call #439 (347-37)) Ethics in Government Act Amendments of 1982 - Amends the special prosecutor provisions of the Ethics in Government Act of 1978. Changes the name of the special prosecutor to "independent counsel." Amends the coverage of officials who may be subject to the special prosecutor provisions. Limits coverage of persons in the Executive Office of the President to Level II or above (currently, Level IV or above). Defines which national campaign officers are subject to the Act. Includes the chairman and treasurer of the national campaign committee and officers exercising authority at the national level. Makes executive officials subject to the Act during the incumbency of the President under whom they serve, plus one year, but in no event longer than two years (currently, such officials remain subject to the Act under a successive President of the same political party.) Revises the current standards for determining whether a preliminary investigation is required and for appointing a special prosecutor. Requires the Attorney General to conduct a preliminary investigation upon receiving information "sufficient to constitute grounds to investigate." Requires consideration of the credibility of the source of the information. (Currently, a preliminary investigation is triggered by receipt of "specific information" without consideration of the source's credibility.) Provides a procedure for the Attorney General to investigate a person under this Act not specifically covered. Requires appointment of a special prosecutor if there are "reasonable grounds to believe" that further prosecution is warranted. (Currently, a prosecutor must be appointed unless the matter is "so unsubstantiated" that no further prosecution is warranted.) Requires the Attorney General to comply with written or other established policies of the Department of Justice in determining whether appointment of a special prosecutor is warranted. Permits a court to award attorney's fees to subjects of a special prosecutor investigation if no indictment results and the expenses would not otherwise have been incurred. Changes the standard for removal of a special prosecutor from "extraordinary impropriety" to "good cause." Extends the expiration of the special prosecutor provisions from October 26, 1983, to five years after enactment of these amendments.

35 Passed Senate amended May 1, 2004

(Measure passed Senate, amended) Ethics in Government Act Amendments of 1982 - Amends the special prosecutor provisions of the Ethics in Government Act of 1978. Changes the name of the special prosecutor to "independent counsel." Amends the coverage of officials who may be subject to the special prosecutor provisions. Limits coverage of persons in the Executive Office of the President to Level II or above (currently, Level IV or above). Extends coverage to members of the President's family during the incumbency of the President. Defines which national campaign officers are subject to the Act. Includes the chairman and treasurer of the national campaign committee and officers exercising authority at the national level. Makes executive officials subject to the Act during the incumbency of the President under whom they serve, plus one year, but in no event longer than five years, (Currently, such officials remain subject to the Act under a successive President of the same political party.) Revises the current standards for determining whether a preliminary investigation is required and for appointing a special prosecutor. Requires the Attorney General to conduct a preliminary investigation upon receiving information "sufficient to constitute grounds to investigate." Requires consideration of the credibility of the source of the information. (Currently, a preliminary investigation is triggered by receipt of "specific information" without consideration of the source's credibility.) Provides a procedure for the Attorney General to investigate a person under this Act not specifically covered. Requires appointment of a special prosecutor if there are "reasonable grounds to believe" that further prosecution is warranted. (Currently, a prosecutor must be appointed unless the matter is "so unsubstantiated" that no further prosecution is warranted.) Requires the Attorney General to comply with written or other established policies of the Department of Justice in determining whether appointment of a special prosecutor is warranted. Permits a court to award attorney's fees to subjects of a special prosecutor investigation if no indictment results and the expenses would not otherwise have been incurred. Changes the standard for removal of a special prosecutor from "extraordinary impropriety" to "good cause." Extends the expiration of the special prosecutor provisions from October 26, 1983, to five years after enactment of these amendments.

01 Reported to Senate with amendment(s) May 1, 2004

(Reported to Senate from the Committee on Governmental Affairs with amendment, S. Rept. 97-496) Ethics in Government Act Amendments of 1982 - Amends the special prosecutor provisions of the Ethics in Government Act of 1978. Changes the name of the special prosecutor to "independent counsel." Amends the coverage of officials who may be subject to the special prosecutor provisions. Limits coverage of persons in the Executive Office of the President to Level II or above (currently, Level IV or above). Extends coverage to members of the President's family during the incumbency of the President. Defines which national campaign officers are subject to the Act. Includes the chairman and treasurer of the national campaign committee and officers exercising authority at the national level. Makes executive officials subject to the Act during the incumbency of the President under whom they serve, plus one year but in no event longer than five years. (Currently, such officials remain subject to the Act under a successive President of the same political party.) Revises the current standards for determining whether a preliminary investigation is required and for appointing a special prosecutor. Requires the Attorney General to conduct a preliminary investigation upon receiving information "sufficient to constitute grounds to investigate." Requires consideration of the credibility of the source of the information. (Currently, a preliminary investigation is triggered by receipt of "specific information" without consideration of the source's credibility.) Provides a procedure for the Attorney General to investigate a person under this Act not specifically covered. Requires appointment of a special prosecutor if there are "reasonable grounds to believe" that further prosecution is warranted. (Currently, a prosecutor must be appointed unless the matter is "so unsubstantiated" that no further prosecution is warranted.) Requires the Attorney General to comply with written or other established policies of the Department of Justice in determining whether appointment of a special prosecutor is warranted. Permits a court to award attorney's fees to subjects of a special prosecutor investigation if no indictment results and the expenses would not otherwise have been incurred. Changes the standard for removal of a special prosecutor from "extraordinary impropriety" to "good cause." Extends the expiration of the special prosecutor provisions from October 26, 1983, to five years after enactment of these amendments.

00 Introduced in Senate May 1, 2004

Ethics in Government Act Amendments of 1982 - Amends the special prosecutor provisions of the Ethics in Government Act of 1978. Changes the name of the special prosecutor to "independent counsel." Amends the coverage of officials who may be subject to the special prosecutor provisions. Limits coverage of persons in the Executive Office of the President to Level II or above (currently, Level IV or above). Extends coverage to members of the President's family during the incumbency of the President. Defines which national campaign officers are subject to the Act. Includes the chairman and treasurer of the national campaign committee and officers exercising authority at the national level. Makes executive officials subject to the Act during the incumbency of the President under whom they serve, plus one year. (Currently, such officials remain subject to the Act under a successive President of the same political party.) Revises the current standards for determining whether a preliminary investigation is required and for appointing a special prosecutor. Requires the Attorney General to conduct a preliminary investigation upon receiving information "sufficient to constitute grounds to investigate." Requires consideration of the credibility of the source of the information. (Currently, a preliminary investigation is triggered by receipt of "specific information" without consideration of the source's credibility.) Requires appointment of a special prosecutor if there are "reasonable grounds to believe" that further prosecution is warranted. (Currently, a prosecutor must be appointed unless the matter is "so unsubstantiated" that no further prosecution is warranted.) Requires the Attorney General to comply with written policies of the Department of Justice in determining whether appointment of a special prosecutor is warranted. Permits a court to award attorney's fees to subjects of a special prosecutor investigation if no indictment results and the expenses would not otherwise have been incurred. Changes the standard for removal of a special prosecutor from "extraordinary impropriety" to "good cause." Extends the expiration of the special prosecutor provisions from October 26, 1983, to five years after enactment of these amendments.

Sponsors

Timeline

Jan 3, 1983

Signed by President.

Jan 3, 1983

Signed by President.

Jan 3, 1983

Became Public Law No: 97-409.

Jan 3, 1983

Became Public Law No: 97-409.

Dec 22, 1982

Presented to President.

Dec 22, 1982

Presented to President.

Dec 21, 1982

Measure Signed in Senate.

Dec 17, 1982

Resolving differences -- Senate actions: Senate agreed to the House amendments by Voice Vote.

Dec 17, 1982

Senate agreed to the House amendments by Voice Vote.

Dec 13, 1982

House Committee on The Judiciary Discharged by Suspension of Rules.

Dec 13, 1982

House Committee on The Judiciary Discharged by Suspension of Rules.

Dec 13, 1982

Called up by House Under Suspension of Rules.

Dec 13, 1982

Passed/agreed to in House: Passed House (Amended) by Yea-Nay Vote: 347 - 37 (Record Vote No: 439).

Dec 13, 1982

Passed House (Amended) by Yea-Nay Vote: 347 - 37 (Record Vote No: 439).

Dec 8, 1982

Subcommittee Consideration and Mark-up Session Held.

Dec 8, 1982

Forwarded by Subcommittee to Full Committee (Amended).

Sep 28, 1982

Subcommittee Hearings Held.

Aug 18, 1982

Referred to Subcommittee on Administrative Law and Governmental Relations.

Aug 16, 1982

Referred to House Committee on The Judiciary.

Aug 12, 1982

Passed/agreed to in Senate: Passed Senate with amendments by Voice Vote.

Aug 12, 1982

Passed Senate with amendments by Voice Vote.

Jul 14, 1982

Committee on Governmental Affairs. Reported to Senate by Senator Cohen with amendments. With written report No. 97-496.

Jul 14, 1982

Committee on Governmental Affairs. Reported to Senate by Senator Cohen with amendments. With written report No. 97-496.

Jul 14, 1982

Placed on Senate Legislative Calendar under Regular Orders. Calendar No. 707.

Jun 17, 1982

Committee on Governmental Affairs. Ordered to be reported with amendments favorably.

Apr 28, 1982

Subcommittee on Oversight of Government Management. Hearings held.

Mar 19, 1982

Referred to Subcommittee on Oversight of Government Management.

Feb 3, 1982

Introduced in Senate

Feb 3, 1982

Read twice and referred to the Committee on Governmental Affairs.

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