[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1947 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1947

To regulate certain deferred prosecution agreements and nonprosecution 
                 agreements in Federal criminal cases.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 2, 2009

  Mr. Pascrell (for himself, Mr. Pallone, Mr. Cohen, and Ms. Linda T. 
    Sanchez of California) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To regulate certain deferred prosecution agreements and nonprosecution 
                 agreements in Federal criminal cases.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accountability in Deferred 
Prosecution Act of 2009''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``deferred prosecution agreement'' means an 
        agreement between a Federal prosecutor and an organization to 
        conditionally defer prosecution of that organization in a 
        criminal case in which charges are filed;
            (2) the term ``nonprosecution agreement'' means an 
        agreement between a Federal prosecutor and an organization to 
        conditionally decide not to file criminal charges against the 
        organization;
            (3) the term ``organization'' means a person or entity 
        other than an individual; and
            (4) the term ``independent monitor'' means a person or 
        entity outside the Department of Justice that is selected to 
        oversee the implementation of a deferred prosecution agreement 
        or nonprosecution agreement.

SEC. 3. LEGAL EQUIVALENCE OF NONPROSECUTION AGREEMENT AND DEFERRED 
              PROSECUTION AGREEMENT.

    A nonprosecution agreement shall be subject to all the requirements 
this Act and other law imposes on deferred prosecution agreements.

SEC. 4. ADMINISTRATIVE GUIDELINES ON AGREEMENTS.

    (a) In General.--In order to promote uniformity and to assist 
prosecutors and organizations as they negotiate and implement deferred 
prosecution agreements and nonprosecution agreements, the Attorney 
General shall, not later than 90 days after the date of the enactment 
of this Act, issue public written guidelines for deferred prosecution 
agreements and nonprosecution agreements.
    (b) Matters Guidelines To Cover.--The guidelines issued under this 
section shall provide direction in the following areas:
            (1) The circumstances in which an independent monitor is 
        warranted for the agreement, the duties and authority of such a 
        monitor, and to whom the monitor owes those duties.
            (2) What terms and conditions are appropriate in the 
        agreement, including when, whether, and the degree to which 
        Federal prosecutors should seek monetary penalties, 
        restitution, civil settlements, and post-monitoring conditions.
            (3) Whether the agreement should include some or all of the 
        requirements of section 8B2.1 of the United States Sentencing 
        Guidelines for compliance and ethics programs.
            (4) The process by which the Department of Justice decides 
        that the organization has successfully satisfied the terms of 
        the agreement.
            (5) The manner and method for determining a breach of the 
        agreement.
            (6) The extent of joint involvement of regulatory agencies 
        in connection with the agreement and the division of 
        responsibilities with those agencies.
            (7) The period during which the agreement should remain in 
        effect.
            (8) What constitutes the cooperation, if any, required by 
        the agreement from the organization and its employees with 
        respect to any ongoing criminal investigations, including the 
        length of the obligation to cooperate.
            (9) When and why it would be appropriate for Federal 
        prosecutors to enter into a nonprosecution agreement rather 
        than a deferred prosecution agreement.

SEC. 5. SELECTION AND COMPENSATION OF INDEPENDENT MONITORS OF 
              AGREEMENTS.

    (a) Rules for Selection of Monitors.--The Attorney General shall 
establish rules for the selection of independent monitors in connection 
with deferred prosecution agreements.
    (b) National List of Possible Monitors.--Such rules shall provide 
for the creation of a national list of organizations and individuals 
who have the expertise and specialized skills necessary to serve as 
independent monitors. The Attorney General shall place the list on the 
public website of the Department of Justice.
    (c) Open Selection Process.--Such rules shall also provide for an 
open, public, and competitive process for the selection of such 
monitors. The Department of Justice shall, subject to the approval of 
the court, appoint the independent monitor from the national list 
created under this section.
    (d) Compensation.--The Attorney General shall establish a fee 
schedule for the compensation of independent monitors and their support 
staff, and place that fee schedule on the public website of the 
Department of Justice. Before a deferred prosecution agreement that 
entails monitoring is entered into, this schedule shall also be 
provided to each organization that is to be monitored pursuant to that 
agreement.

SEC. 6. RESTRICTIONS RELATING TO AGREEMENTS.

    (a) Payments to Unrelated Third Parties.--A deferred prosecution 
agreement shall not require an organization to pay money to a third 
party, other than a monitor or the monitor's staff, if the payment is 
unrelated to the harm caused by the defendant's conduct that is the 
basis for the agreement.
    (b) Impartiality in Selection of Independent Monitors.--Attorneys 
who are or might participate in the prosecution of the case against an 
organization to be monitored shall have no role in the selection of the 
independent monitor, other than suggesting qualifications for the 
monitor.
    (c) Treatment of Violations as Conflicts of Interest.--The Attorney 
General shall take appropriate steps to treat a violation of this 
section as a conflict of interest and to remedy any such conflicts of 
interest.

SEC. 7. JUDICIAL OVERSIGHT OF AGREEMENTS.

    (a) Court Approval of Agreement.--The Government shall file each 
deferred prosecution agreement in an appropriate United States district 
court. The court shall approve the agreement if the court determines 
the agreement is consistent with the guidelines for such agreements and 
is in the interests of justice. The agreement shall take effect on the 
approval of the court.
    (b) Quarterly Reports.--Each party to the agreement and any 
independent monitor required under the agreement shall submit to the 
court in which the agreement is filed quarterly reports on the progress 
made toward the completion of the agreement, and describing any concern 
the filer has about the implementation of the agreement. In the final 
quarterly report, the independent monitor shall include a full and 
itemized statement of the work done and the compensation earned for 
that work.
    (c) Court Review.--The court shall, on motion of any party or the 
independent monitor if there is one, review the implementation or 
termination of the agreement, and take any appropriate action, to 
assure that the implementation or termination is consistent with the 
interests of justice.

SEC. 8. PUBLIC DISCLOSURE RELATING TO DEFERRED PROSECUTION AGREEMENTS.

    (a) Disclosure on Department of Justice Website.--Upon the taking 
effect of a deferred prosecution agreement, the Attorney General shall 
place the text of the agreement on the public website of the Department 
of Justice, together with all the terms and conditions of any agreement 
or understanding between an independent monitor appointed pursuant to 
that agreement and the organization monitored.
    (b) Exceptions Approved by Court.--Subject to the limitation in 
subsection (c), the court may, upon petition of any interested party, 
approve an exception to the requirements of this section for good cause 
shown. Good cause includes that the information proposed to be excepted 
from the requirements is proprietary, confidential, or a trade secret.
    (c) Minimum Disclosure.--The court may not approve an exception 
from the requirements of this section for the fact that the deferred 
prosecution agreement has been filed with the court, the name of the 
organization to which it pertains, or the identity and financial terms 
agreed upon with respect to any independent monitor chosen in 
connection with the agreement.
                                 <all>