Ethics in Government Act Amendments of 1982
PL 97-409 (S.2059), enacted 01/03/1983

PUBLIC LAW 97-409—JAN. 3, 1983 
96 STAT. 2039 
Public Law 97-409 
97th Congress 
An Act 
To change the coverage of officials and the standards for the appointment of a special 
j^j^ 3 ^933 
prosecutor in the special prosecutor provisions of the Ethics in Government Act of 
' ' 
1978, and for other purposes. 
[^- 2059] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may Ethics in 
be cited as the "Ethics in Government Act Amendments of 1982". Government Act 
SEC. 2. (a)(1) Chapter 39 of title 28 of the United States Code is f ^J^^'nents ot 
amended by— 
28 use i note. 
(A) striking out "special prosecutor" wherever it appears and 
28 USC 591 et 
inserting in lieu thereof "independent counsel"; and 
*^9-
(B) striking out "special prosecutor's" wherever it appears 
and inserting in lieu thereof "independent counsel's". 
(2) The tables of chapters for title 28 of the United States Code and 
for part II of title 28 are amended by striking out the item relating 
to chapter 39 and inserting in lieu thereof the following new item: 
"39. Independent 
Counsel.". 
(b)(1) Section 49 of title 28 of the United States Code is amended 
b y -
(A) striking out "special prosecutor" wherever it appears and 
inserting in lieu thereof "independent counsel"; 
'* 
(B) striking out "special prosecutors" wherever it appears and 
inserting in lieu thereof "independent counsels"; and 
(C) striking out "special prosecutor's" wherever it appears 
and inserting in lieu thereof "independent counsel's". 
(2) The item for section 49 in the table of sections for chapter 3 of 
title 28 of the United States Code is amended by striking out 
"special prosecutors" and inserting in lieu thereof "independent 
counsels 
(c) Title VI of the Ethics in Government Act of 1978 is amended 28USCprec.59l, 
b y - 
^^1-
(1) striking out "SPECIAL PROSECUTOR" in the heading for 
section 601 and inserting in lieu thereof 
"INDEPENDENT 
|^„USC 592,594, 
COUNSEL"; 
^^^• 
(2) striking out "special prosecutors" in subsection (c) of sec-
tion 601 and inserting in lieu thereof "independent counsels"; 28 USC 591 note. 
and 
(3) striking out "SPECIAL PROSECUTORS" in the heading for 
section 602 and inserting in lieu thereof 
"INDEPENDENT 28 USC 49. 
COUNSELS". 
SEC. 3. Paragraphs (3) through (6) of subsection O
t
>
) of section 591 of 
title 28 of the United States Code are amended to read as follows: 
^ 
''':'"^'' 
"(3) any individual working in the Executive Office of the 
/ if^ 
President who is compensated at or above a rate equivalent to 
level II of the Executive Schedule under section 5313 of title 5; 
"(4) any Assistant Attorney General and any individual work-
ing in the Department of Justice compensated at a rate at or 
96 STAT. 2040 
PUBLIC LAW 97-409—JAN. 3, 1983 
Investigation. 
Preliminary 
investigation. 
28 use 591. 
• 
fit* 
'„)B'7 
Limitation of 
authority. 
above level HI of the Executive Schedule under section 5314 of 
title 5; 
"(5) the Director of Central Intelligence, the Deputy Director 
of Central Intelligence, and the Commissioner of Internal 
Revenue; 
"(6) any individual who held any office or position described 
in any of paragraphs (1) through (5) of this subsection during 
the period consisting of the incumbency of the President such 
individual serves plus one year after such incumbency, but in no 
event longer than two years after the individual leaves office; 
"(7) any individual described in paragraph (6) who continues 
to hold office for not more than 90 days into the term of the 
next President during the period such individual serves plus 
one year after such individual leaves office; 
"(8) the chairman and treasurer of the principal national 
campaign committee seeking the election or reelection of the 
President, and any officer of the campaign exercising authority 
at the national level, such as the campaign manager or director, 
during the incumbency of the President.'. 
SEC. 4. (aXD Section 591(a) of title 28 of the United States Code is 
amended by striking out "specific information" and by inserting in 
lieu thereof "information sufficient to constitute grounds to 
investigate". 
(2) Section 591 of title 28 of the United States Code is amended by 
adding at the end thereof the following new subsection: 
"(c) Whenever the Attorney General receives information suffi-
cient to constitute grounds to investigate that any person not de-
scribed in subsection (b) of this section has committed a violation of 
any Federal criminal law other than a violation constituting a petty 
offense, the Attorney General may conduct an investigation and 
apply for an independent counsel pursuant to the provisions of this 
chapter if the Attorney General determines that investigation of 
such person by the Attorney General or other officer of the Depart-
ment of Justice may result in a personal, financial, or political 
conflict of interest.". 
(b) Section 592(a) of title 28 of the United States Code is amended 
to read as follows: 
"(a)(1) Upon receiving information that the Attorney General 
determines is sufficient to constitute grounds to investigate that any 
person covered by the Act has engaged in conduct described in 
subsection (a) or (c) of section 591 of this title, the Attorney GenersJ 
shall conduct, for a period not to exceed ninety days, such prelimi-
nary investigation of the matter as the Attorney General deems 
appropriate. In determining whether grounds to investigate exist, 
the Attorney General shall consider— 
"(A) the degree of specificity of the information received, and 
"(B) the credibility of the source of the information. 
"(2) In conducting preliminary investigations pursuant to this 
section, the Attorney General shsdl have no authority to convene 
grand juries, plea bargain, grant immunity, or issue subpenas.". 
(c) Section 592(bXl) of title 28 of the United States Code is 
amended by striking out "that the matter is so unsubstantiated that 
no further investigation or prosecution is warranted" and inserting 
in lieu thereof "that there are no reasonable grounds to believe that 
further investigation or prosecution is warranted". 
(d) Section 592(cXl) of title 28 of the United States Code is 
amended by— 
PUBLIC LAW 97-409—JAN. 3, 1983 
96 STAT. 2041 
%, 
(1) striking out "finds that the matter warrants further inves-
tigation or prosecution" and inserting in lieu thereof "finds 
reasonable grounds to believe that further investigation or 
prosecution is warranted"; 
(2) striking out "that the matter is so unsubstantiated as not 
to warrant further investigation or prosecution" and inserting 
in lieu thereof "that there are no reasonable grounds to believe 
that further investigation or prosecution is warranted"; and 
(3) adding at the end thereof the following new sentence: "In 
determining whether reasonable grounds exist to warrant fur-
ther investigation or prosecution, the Attorney General shall 
comply with the written or other established policies of the 
Department of Justice with respect to the enforcement of crimi-
nal laws.". 
(e) Section 592(c)(2) of title 28 of the United States Code is 
amended— 
(1) in clause (A) by striking out "specific information" and 
inserting in lieu thereof "information sufficient to constitute 
grounds to investigate"; and 
(2) in clause (B) by striking out "such information warrants" 
and inserting in lieu thereof "reasonable grounds exist to 
warrant". 
SEC. 5. Section 593 of title 28 of the United States Code is amended 
by adding at the end thereof the following new subsections: 
"(f) Upon a showing of good cause by the Attorney General, the 
division of the court may grant a single extension of the preliminary 
investigation conducted pursuant to section 592(a) of this title for a 
period not to exceed sixty days. 
"(g) Upon request by the subject of an investigation conducted by 
an independent counsel pursuant to this chapter, the division of the 
court may, in its discretion, award reimbursement for all or part of 
the attorney's fees incurred by such subject during such investiga-
tion if— 
"(1) no indictment is brought against such subject; and 
"(2) the attorney's fees would not have been incurred but for 
the requirements of this chapter.". 
SEC. 6. (a) Subsection (a) of section 594 of title 28 of the United 
States Code is amended by— 
(1) striking out "and" at the end of paragraph (8); 
(2) striking out the period at the end of paragraph (9) and 
inserting in lieu thereof a semicolon and "and '; and 
(3) adding after paragraph (9) the following: 
"(10) consulting with the United States Attorney for the 
district in which the violation was alleged to have occurred.". 
(b) Subsection (f) of section 594 of title 28 of the United States Code 
is amended by— 
(1) striking out "to the extent that such special prosecutor 
deems appropriate" and inserting in lieu thereof "except where 
not possible"; and 
(2) striking out "written policies" and inserting in lieu thereof 
"written or other established policies". 
(c) Section 594 of title 28 of the United States Code is amended by 
adding at the end thereof the following new subsection: 
"(g) The independent counsel shall have full authority to dismiss 
matters within his prosecutorial jurisdiction without conducting an 
investigation or at any subsequent time prior to prosecution if to do 
so would be consistent with the written or other established policies 
Preliminary 
investigation, 
extension. 
Attorney fees, 
reimbursement. 
Dismissal 
authority. 
96 STAT. 2042 
PUBLIC LAW 97-409—JAN. 3, 1983 
of the Department of Justice with respect to the enforcement of 
criminal laws.". 
(d) Paragraph (1) of subsection (a) of section 596 of title 28 of the 
United States Code is amended by striking out "extraordinary 
impropriety" and inserting in lieu thereof "good cause". 
SEC. 7. Section 598 of 
title 28 of the United States Ckxie is amended 
by striking out "after the date of enactment of this chapter" and 
inserting in lieu thereof "after the date of enactment of the Ethics 
in Government Act Amendments of 1982". 
Approved January 8, 1988. 
bah 
i^/ d\. 
LEGISLATIVE HISTORY—S. 2059: 
SENATE REPORT No. 97-496 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
.iprws;; 
Aug. 12, considered and passed Senate. 
Dec. 13, considered and passed House, amended. 
Dec. 16, Senate agreed to House amendments.