Ethics in Government Act of 1978

Summary

Public Official Integrity Act - Title I: Amendments to Title 28, United States Code - Requires the Attorney General to investigate all specific allegations of criminal law violations by specified individuals, including the President, Vice President, persons in the Executive branch compensated at a rate of pay prescribed for positions I and II of the Executive Schedule, and any national campaign manager or chairman of any national campaign committee seeking the election or reelection of the President. Requires the Attorney General to decide within 60 days whether the matter warrants prosecution and if so, directs him to apply to the division of the U.S. Courts of Appeals responsible for the appointment of a special prosecutor. Requires the Attorney General to apply for the appointment of a special prosecutor whenever, in the course of any criminal investigation, he determines that the continuing investigation or resulting prosecution may so directly and substantially affect the political or personal interests of the President or the Attorney General or the interests of the President's political party as to make it inappropriate in the interest of the administration of justice for the Department of Justice to conduct such investigation. Enumerates the authority and duties of a special prosecutor. Gives a special prosecutor all the investigative and prosecutorial functions and powers of the Department except those which specifically require the Attorney General's personal action. Requires a special prosecutor to report annually to Congress and at the conclusion of such special prosecutor's duties to the division of the court. Requires a special prosecutor to promptly advise the House of Representatives of any substantial and credible information which may constitute grounds for an impeachment. States that a special prosecutor may only be removed from office by impeachment and conviction, or by the Attorney General for extraordinary improprieties, malfeasance in office, willful neglect of duty, permanent incapacitation, or conduct constituting a felony. Permits the division of the court to terminate an office of special prosecutor at any time on the grounds that the investigations and prosecutions of such prosecutor have been completed. Requires the chief judge of the United States Court of Appeals for the District of Columbia to assign three judges or justices for two-year periods to a division of the Court to be the special panel of the court for the appointment of special prosecutors. Terminates the provisions of this Act which pertain to a special prosecutor five years after the date on which this Act takes effect. Authorizes to be appropriated such sums as may be necessary to be held by the Department as a contingent fund for the use of any special prosecutor appointed pursuant to this Act. Requires the Attorney General to promulgate rules requiring any officer or employee of the Department, including a United States Attorney, to disqualify himself from participation in a particular investigation or prosecution if such participation may result in a personal, financial, or political conflict of interests or the appearance of such conflict. Establishes within the Department an Office of Government Crimes to be directed by a person appointed by the President by and with the advice and consent of the Senate and who has not, during the five years preceeding such appointment, held a high-level position of trust and responsibility on the personal campaign staff of, or in an organization or political party working on behalf of, a candidate for any elective Federal Office. Confers upon the Office jurisdiction over: (1) criminal violations of Federal law related to his Government position, employment, or compensation, by any individual who holds or who held a position as an elected or appointed Federal Government officer, employee or special employee; (2) criminal violations of Federal laws relating to lobbying, conflicts of interest, campaigns, and election to public office committed by any person except insofar as such violations relate to matters involving discrimination or intimidation on the grounds of race color, religion or national origin; (3) the supervision of investigations and prosecutions of criminal violations of Federal law involving State or local government officials or employees; and (4) such other matters as the Attorney General may deem appropriate except as to matters referred to the special prosecutor pursuant to this Act. Requires the Attorney General to report annually to Congress on the activities of the Office. Title II: Congressional Legal Counsel - Establishes as an office of Congress, the Office of Congressional Counsel headed by a Congressional Legal Counsel. Makes the office directly accountable to the Joint Leadership Group established under this Act. Directs the Office to defend Congress, a Member, officer, or employee of Congress, or any agency or committee of Congress in a civil action which arises from performance of official duties if so authorized by a two-thirds vote of the Leadership Group of the relevant House or Houses or by a majority vote of the relevant House or Houses of Congress. Directs the Office to bring a civil action to enforce a Congressional subpoena if authorized to do so by a majority vote of the appropriated House. Directs the Office to represent the interests of Congress as intervenor or amicus curiae in a suit in which Congress is not a party if authorized by the appropriate House, in the event such appearance or intervention is in the name of one House, or by both Houses in the event that such appearance or intervention is in the name of the entire Congress. Authorizes to be appropriated for each fiscal year through fiscal year 1982, such sums as may be necessary to enable the Office to carry out its duties and functions. Provides that until such sums are first appropriated, for a period of up to 12 months, the expenses of the office shall be paid from the contingent fund of the Senate. Title III: Government Personnel; Financial Disclosure Requirements - Declares it to be the policy of the United States that there be uniform requirements for full public financial disclosure by high-level officers and employees of the Executive, Legislative, and Judicial branches of the Government. States that such financial disclosure requirements shall not be inconsistent with the public financial disclosure requirements contained in the Code of Official Conduct adopted by the Senate.

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Documents

3 official files

• Public Law (PDF)

  Public Law · EN · 27 October 1978

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• Conference report filed in House

  summary · EN · 11 October 1978

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• Introduced in Senate

  summary · EN · 1 February 1977

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