,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #dedj  ,,in ,,the ,,house ,,of  
,,representatives  ,may #a1 #bjad ,mr4  
,pascrell 7for himself1 ,mr4 ,pallone1  
,mr4 ,cohen1 and ,mr4 ,conyers7         
introduced the following bill2 which was
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to regulate     
certain deferred prosecution agreements 
and nonprosecution agreements in        
,federal criminal cases4  #a4 ,short    
title ,this ,act may be cited as the    
,accountability in ,deferred            
,prosecution ,act of #bjad4  #b4        
,definitions ,in this ,act--  7#a7 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 filed2  7#b7 the term      
nonprosecution agreement means an       
agreement between a ,federal prosecutor 
and an organization to conditionally    
decide not to file criminal charges     

against the organization2  7#c7 the term
 organization means a person or entity  
other than an individual2 and  7#d7 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 
agreement4  #c4 ,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         
agreements4  #d4 ,administrative        
guidelines on agreements  7a7 ,in       
general ,in order to promote uniformity 
and to assist prosecutors and           
organizations as they negotiate and     
implement deferred prosecution          
agreements and nonprosecution           
agreements1 the ,attorney ,general      
shall1 not later than #ij days after the
 date of the enactment of this ,act1    
issue public written guidelines for     

deferred prosecution agreements and     
nonprosecution agreements4  7b7 ,matters
 guidelines ,to cover ,the guidelines   
issued under this section shall provide 
direction in the following areas3  7#a7 
,the circumstances in which an          
independent monitor is warranted for the
 agreement1 the duties and authority of 
such a monitor1 and to whom the monitor 
owes those duties4  7#b7 ,what terms and
 conditions are appropriate in the      
agreement1 including when1 whether1 and 
the degree to which ,federal prosecutors
 should seek monetary penalties1        
restitution1 civil settlements1 and     
post-monitoring conditions4  7#c7       
,whether the agreement should include   
some or all of the requirements of      
section #h;,b#b4a of the ,united ,states
 ,sentencing ,guidelines for compliance 
and ethics programs4  7#d7 ,the process 
by which the ,department of ,justice    
decides that the organization has       
successfully satisfied the terms of the 
agreement4  7#e7 ,the manner and method 

for determining a breach of the         
agreement4  7#f7 ,the extent of joint   
involvement of regulatory agencies in   
connection with the agreement and the   
division of responsibilities with those 
agencies4  7#g7 ,the period during which
 the agreement should remain in effect4 
7#h7 ,what constitutes the cooperation1 
if any1 required by the agreement from  
the organization and its employees with 
respect to any ongoing criminal         
investigations1 including the length of 
the obligation to cooperate4  7#i7 ,when
 and why it would be appropriate for    
,federal prosecutors to enter into a    
nonprosecution agreement rather than a  
deferred prosecution agreement4  #e4    
,selection and compensation of          
independent monitors of agreements  7a7 
,rules for selection of monitors ,the   
,attorney ,general shall establish rules
 for the selection of independent       
monitors in connection with deferred    
prosecution agreements4  7b7 ,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 monitors4 ,the ,attorney   
,general shall place the list on the    
public website of the ,department of    
,justice4  7c7 ,open selection process  
,such rules shall also provide for an   
open1 public1 and competitive process   
for the selection of such monitors4 ,the
 ,department of ,justice shall1 subject 
to the approval of the court1 appoint   
the independent monitor from the        
national list created under this        
section4  7d7 ,compensation ,the        
,attorney ,general shall establish a fee
 schedule for the compensation of       
independent monitors and their support  
staff1 and place that fee schedule on   
the public website of the ,department of
 ,justice4 ,before a deferred           
prosecution agreement that entails      
monitoring is entered into1 this        
schedule shall also be provided to each 

organization that is to be monitored    
pursuant to that agreement4  #f4        
,restrictions relating to agreements    
7a7 ,payments to unrelated third parties
 ,a deferred prosecution agreement shall
 not require an organization to pay     
money to a third party1 other than a    
monitor or the monitor's staff1 if the  
payment is unrelated to the harm caused 
by the defendant's conduct that is the  
basis for the agreement4  7b7           
,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 monitor1   
other than suggesting qualifications for
 the monitor4  7c7 ,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 interest4  #g4 ,judicial   

oversight of agreements  7a7 ,court     
approval of agreement ,the ,government  
shall file each deferred prosecution    
agreement in an appropriate ,united     
,states district court4 ,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 justice4 ,the
 agreement shall take effect on the     
approval of the court4  7b7 ,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 agreement1 
and describing any concern the filer has
 about the implementation of the        
agreement4 ,in the final quarterly      
report1 the independent monitor shall   
include a full and itemized statement of
 the work done and the compensation     
earned for that work4  7c7 ,court review
 ,the court shall1 on motion of any     

party or the independent monitor if     
there is one1 review the implementation 
or termination of the agreement1 and    
take any appropriate action1 to assure  
that the implementation or termination  
is consistent with the interests of     
justice4  #h4 ,public disclosure        
relating to deferred prosecution        
agreements  7a7 ,disclosure on          
,department of ,justice website ,upon   
the taking effect of a deferred         
prosecution agreement1 the ,attorney    
,general shall place the text of the    
agreement on the public website of the  
,department of ,justice1 together with  
all the terms and conditions of any     
agreement or understanding between an   
independent monitor appointed pursuant  
to that agreement and the organization  
monitored4  7b7 ,exceptions approved by 
court ,subject to the limitation in     
subsection 7c71 the court may1 upon     
petition of any interested party1       
approve an exception to the requirements
 of this section for good cause shown4  

,good cause includes that the           
information proposed to be excepted from
 the requirements is proprietary1       
confidential1 or a trade secret4  7c7   
,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 court1
 the name of the organization to which  
it pertains1 or the identity and        
financial terms agreed upon with respect
 to any independent monitor chosen in   
connection with the agreement4