Ethics in Government Act Amendments of 1982

(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.