Congress upon removing a special prosecutor and opportunity for judicial review of such removal; these are maintained as checks against interference by the Attorney General in the independence of the special prosecutor. The present law (Section 596 (a) (1)) provides for removal by the Attorney General only on the grounds of "extraordinary impropriety" or mental or physical disability. Section 7: Expiration of the special prosecutor provisions Section 7 would extend the sunset date of the Act to five years after the adoption of these amendments. The present law (Section 598) provides that the special prosecutor provisions will expire in October, 1983, unless otherwise extended by Congress. VI. ESTIMATED COST OF LEGISLATION U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, mental Hon. WILLIAM V. ROTH, Jr., DEAR MR. CHAIRMAN: Pursuant to Section 403 of the Congressional Budget Act of 1974, the Congressional Budget Office has reviewed S. 2059, the Ethics in Government Act Amendments of 1982, as ordered reported by the Senate Committee on Government Affairs, June 17, 1982. S. 2059 makes numerous changes to the office of the special prosecutor. The bill revises the scope of officials covered by the special prosecutor provisions of the Ethics in Government Act, alters the standards for determining whether a preliminary investigation is required, and raises the standard for appointment of a special prosecutor. In addition, S. 2059 changes the name of the special prosecutor to "independent counsel", provides for a single extension of the preliminary investigation, and authorizes the court to grant reimbursement of all or part of the attorney fees incurred by the subject of an investigation under certain circumstances. Finally, the bill extends the sunset date of these provisions of the Ethics in Government Act for five more years after the date of enactment. According to information available from the Department of Justice and the Administrative Office of the U.S. Courts, the government has spent an average of approximately $220,000 (in 1982 dollars) per special prosecutor investigation over the past several years out of Justice Department resources. Assuming the same frequency of investigations of approximately the same duration, and including an amount for reimbursement of attorney fees, CBO estimates that enactment of S. 2059 will cost the government an average of between $200,000 and $200,000 in each of the fiscal years 1983 through 1987. Should the Committee so desire, we would be pleased to provide further details on this estimate. Sincerely, ALICE M. RIVLIN, Director. VII. EVALUATION OF REGULATORY IMPACT Pursuant to the requirements of paragraph 11(b) of Rule XXVI of the Standing Rules of the Senate, the Committee has considered the regulatory and paperwork impact of S. 2059, as well as the impact of the bill on personal privacy. The bill will have no regulatory impact. On balance, the bill will have no significant impact on personal privacy or paperwork beyond that imposed by present law. VIII. ROLLCALL VOTE IN COMMITTEE In compliance with paragraph 7 (c) of Rule XXVI of the Standing Rules of the Senate, the rollcall vote taken during Committee consideration of this legislation is as follows: Final passage: Ordered reported, 11 yeas; 10 nays. In compliance with paragraph 12 of rule XXVI of the Standing Rules of the Senate, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to the omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no changes are proposed in shown in roman): TITLE 28-JUDICIARY AND JUDICIAL PROCEDURE Sec. 49. Assignment of judges to division to appoint [special prosecu tors.] independent counsels. By Committee rules, proxy votes are counted for recording purposes only on final passage. § 49. Assignment of judges to division to appoint [special prosecutors.] independent counsels. (a) Beginning with the two-year period commencing on the date of the enactment of this section, three judges or justices shall be assigned for each successive two-year period to a division of the United States Court of Appeals for the District of Columbia to be the division of the court for the purpose of appointing [special prosecutors.] independent counsels. (f) Except as otherwise provided in chapter 39 of this title, no member of such division of the court who participated in a function conferred on the division under chapter 39 of this title involving [a special prosecutor] an independent counsel shall be eligible to participate in any judicial proceeding concerning a matter which involves such [special prosecutor] independent counsel while such [special prosecutor] independent counsel is serving in that office or which involves the exercise of such [special prosecutor's] independent counsel's official duties, regardless of whether such [special prosecutor] independent counsel is still serving in that office. * * CHAPTER 39–[SPECIAL PROSECUTOR] INDEPENDENT Sec. COUNSEL 591. Applicability of provisions of this chapter. 592. Application for appointment of [a special prosecutor,】 an independent counsel. 594. Authority and duties of [a special prosecutor.] an independent counsel. 595. Reporting and congressional oversight. 596. Removal of [a special prosecutor;] an independent counsel; termination of office. 597. Relationship with Department of Justice. 598. Termination of effect of chapter. § 591. Applicability of provisions of this chapter (a) The Attorney General shall conduct an investigation pursuant to the provisions of this chapter whenever the Attorney General receives [specific information] information sufficient to constitute grounds to investigate that any of the persons described in subsection (b) of this section has committed a violation of any Federal criminal law other than a violation constituting a petty offense. (b) The persons referred to in subsection (a) of this section are— (1) the President and Vice President; (2) any individual serving in a position listed in section 5312 of title 5; [(3) any individual working in the Executive Office of the President and compensated at a rate not less than the annual rate of basic pay provided for level IV of the Executive Schedule under section [5315] of title 5; [(4) any individual working in the Department of Justice and compensated at a rate not less than the annual rate of basic pay provided for level III of the Executive Schedule under section 5314 of title 5, any Assistant Attorney General, the Director of Central Intelligence, the Deputy Director of Central Intelligence and the Commissioner of Internal Revenue; [(5) any individual who held any office or position described in any of paragraphs (1) through (4) of this subsection during the incumbency of the President or during the period the last preceding President held office, if such preceding President was of the same political party as the incumbent President; and [(6) any officer of the principal national campaign committee seeking the election or reelection of the President.] (3) any individual working in the Executive Office of the 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 working in the Department of Justice compensated at a rate at or above level III 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 five 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; and (9) the President's spouse, the President's children and their spouses, and the President's parents, brothers and sisters and their spouses during the incumbency of the President. (c) Whenever the Attorney General receives information sufficient to constitute grounds to investigate that any person not described 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 Department of Justice may result in a personal, financial, or political conflict of interest, or the appearance thereof. § 592. Application for appointment of [a special prosecutor] an independent counsel [(a) The Attorney General, upon receiving specific information that any of the persons described in section 591 (b) of this title has engaged in conduct described in section 591 (a) of this title, shall conduct, for a period not to exceed ninety days, such preliminary investigation of the matter as the Attorney General deeems appropriate.] (a) (1) Upon receiving information that the Attorney General determines is sufficient to constitute grounds to investigate that any per son covered by the Act has engaged in conduct described in subsection (a) or (c) of section 591 of this title, the Attorney General shall conduct, for a period not to exceed ninety days, such preliminary 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 credibilty of the source of the information. (2) In conducting preliminary investigations pursuant to this section, the Attorney General shall have no authority to convene grand juries, plea bargain, grant immunity, or issue subpenas. (b)(1) If the Attorney General, upon completion of the preliminary investigation, finds [that the matter is so unsubstantiated that no further investigation or prosecution is warranted] that there are no reasonable grounds to believe that further investigation or prosecution is warranted, the Attorney General shall so notify the division of the court specified in section 593 (a) of this title, and the division of the court shall have no power to appoint [a special prosecutor] an independent counsel. (2) * (c) (1) If the Attorney General, upon completion of the preliminary investigation, [finds that the matter warrants further investigation or prosecution] lieu thereof finds reasonable grounds to believe that further investigation or prosecution is warranted, or if ninety days elapse from the receipt of the information without a determination by the Attorney General [that the matter is so unsubstantiated as not to warrant further investigation or prosecution] that there are no reasonable grounds to believe that further investigation or prosecution is warranted, than the Attorney General shall apply to the division of the court for the appointment of [a special prosecutor] an independent counsel. In determining whether reasonable grounds exist to warrant further 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 criminal laws. (2) If— (A) after the filing of a memorandum under subsection (b) of this section, the Attorney General receives additional [specific information] information sufficient to constitute grounds to investigate about the matter to which such memorandum related, and (B) The Attorney General determines, after such additional investigation as the Attorney General deems appropriate, that [such information warrants] reasonable grounds exist to warrant further investigation or prosecution, then the Attorney General shall, not later than ninety days after receiving such additional information, apply to the division of the court for the appointment of [a special prosecutor] an independent counsel. (d) (1) Any application under this chapter shall contain sufficient information to assist the division of the court to select [a special prosecutor] an independent counsel and to define that [special prosecutor's independent counsel's prosecutorial jurisdiction. |