[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4283 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4283

    To prohibit United States attorneys and assistant United States 
    attorneys from acting as or working for corporate monitors for 
 specified periods after their service with the Government terminates.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 11, 2009

Mr. Cohen (for himself, Mr. Andrews, Mr. Payne, Mr. Conyers, Mr. Holt, 
Mr. Watt, Mr. Adler of New Jersey, Ms. Linda T. Sanchez of California, 
Mr. Pallone, and Mr. Pascrell) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To prohibit United States attorneys and assistant United States 
    attorneys from acting as or working for corporate monitors for 
 specified periods after their service with the Government terminates.

    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 ``Transparency and Integrity in 
Corporate Monitoring Act of 2009''.

SEC. 2. PROHIBITION ON POST-EMPLOYMENT SERVICE AS CORPORATE MONITOR.

    (a) Prohibition.--Any person who is a United States attorney or an 
assistant United States attorney, who participates in the investigation 
or prosecution of an organization for a criminal offense with respect 
to which a deferred prosecution agreement or a nonprosecution agreement 
is made, and who--
            (1) in the case of a United States attorney, before the end 
        of the 2-year period beginning on the date on which his or her 
        service as such United States attorney terminates, or
            (2) in the case of an assistant United States attorney, 
        before the end of the 1-year period beginning on the date on 
        which his or her service as such assistant United States 
        attorney terminates,
acts as or is employed by a corporate monitor with respect to that 
deferred prosecution agreement or that nonprosecution agreement, shall 
be subject to the penalties under subsection (b).
    (b) Penalties.--
            (1) Civil penalty.--The Attorney General may bring a civil 
        action in the appropriate United States district court against 
        any person who engages in conduct described in subsection (a) 
        and, upon proof of such conduct by a preponderance of the 
        evidence, such person shall be subject to a civil penalty of 
        not more than $50,000 for each violation or the amount of 
        compensation which the person received or was offered for the 
        prohibited conduct, whichever amount is greater. The imposition 
        of a civil penalty under this subsection does not preclude any 
        other criminal or civil statutory, common law, or 
        administrative remedy, which is available by law to the United 
        States or any other person.
            (2) Injunctive relief.--If the Attorney General has reason 
        to believe that a person is engaging in conduct described in 
        subsection (a), the Attorney General may petition an 
        appropriate United States district court for an order 
        prohibiting that person from engaging in such conduct. The 
        court may issue an order prohibiting that person from engaging 
        in such conduct if the court finds that the conduct is 
        described in subsection (a). The filing of a petition under 
        this section does not preclude any other remedy which is 
        available by law to the United States or any other person.
    (c) Definitions.--In this section:
            (1) Deferred prosecution agreement.--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) Nonprosecution agreement.--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) Organization.--The term ``organization'' means a person 
        or entity other than an individual.
            (4) Corporate monitor.--The term ``corporate 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.
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