Date: 1982-12-13
Speaker: SAM B. HALL (democrat)
Chamber: H

Mr. Speaker. this bill. as amended. amends the special prosecutor provisions of title 28. United States Code. It extends the special prosecutor provisions for 5 years from the date of enactment. however the bill substantially amends the provisions of current law. This bill will reduce the number of lesser officials who are covered. It will adjust the mechanism for triggering a preliminary investigation by the Attorney General as well as the mechanism for the appointment of a special prosecutor. The bill will provide for an extension of time for the preliminary investigation by the Attorney General. It provides the court with discretion to reimburse subjects of investigations by special prosecutors. but who are not indicted. for all or part of their attorneys fees expended on account of the requirements of the special prosecutor provisions. Finally. the bill changes the name of the special prosecutor to independent counsel. The bill before the House today is identical to the bill as passed by the Sennte with three amendments. The Senatepassed bill added the Presidents spouse. children. and their spouses as well as the Presidents parents. brothers. and sisters and their spouses to the class of individuals covered by the special prosecutor provisions. The bill as amended deletes this provision. so that these family members are not covered. The Senatepassed bill provides that the Attorney General may apply for the appointment of a special prosecutor to investigate persons other than the class of individuals specifically covered whenever the Attorney General determines a personal. financial. or political conflict of interest or the appearance thereof may result if an officer of the Department of Justice conducts the investigation. The bill as amended deletes the reference to appearances. and thereby requires the Attorney General to determine that an actual conflict may exist in order to utilize the special prosecutor procedures. Finally. the amended bill reduces the maximum length of time a covered individual is subject to the special prosecutor orovisions after he or she leaves office to 2 years. The Senatepassed bill provided coverage for a maximum of 5 years after leaving office. This bill as amended is the product of extensive careful consideration by the Senate Subcommittee on Oversight of Government Management of the Governmental Affairs Committee as well as by the Subcommittee on Administrative Law and Governmental Relations of the House Judiciary Committee. The record on this bill includes testimony by former special prosecutors. officials of both the Carter and the Nixon administrations as well as Department of Justice and public interest group witnesses. The measure has broad support. It passed the Senate by voice vote. Even the Department of Justice. which questions the need for the special prosecutor provisions in principle. favors the amendments to the current law. I urge my colleagues to support this measure. The potential for conflicts of interest is inherent in the practice of criminal law generally and the possibility of conflicts exists when the Department of Justice must investigate allegations of criminal activity by high ranking Government officials. The special prosecutor provisions should be retained. This bill amends the provisions of current law to make the scope of coverage more rational. to make the process less burdensome and more equitable.