II 

116TH CONGRESS 

1ST SESSION S. 1005 

To stop financial institution crime, require certain officers of companies 

to certify that they have conducted due diligence relating to criminal 

conduct or civil fraud, create accountability in deferred prosecution agreements, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 3, 2019 

Ms. WARREN introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To stop financial institution crime, require certain officers 

of companies to certify that they have conducted due 

diligence relating to criminal conduct or civil fraud, create accountability in deferred prosecution agreements, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ending Too Big to 

5 Jail Act’’. 

6 SEC. 2. STOP FINANCIAL INSTITUTION CRIME. 

7 (a) FINDINGS.—Congress finds the following: 


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1 (1) History has shown that the Office of the 

2 Special Inspector General for the Troubled Asset 

3 Relief Program (referred to in this subsection as 

4 ‘‘SIGTARP’’) has— 

5 (A) served as an effective model for— 

6 (i) recovering taxpayer dollars; and 

7 (ii) bringing accountability by rooting 

8 out waste, fraud, and abuse; and 

9 (B) proven to be a leader in targeting 

10 crimes committed by insiders at financial insti11 tutions in order to protect the interests of the 

12 people of the United States. 

13 (2) The financial crisis in 2008 laid bare one of 

14 the biggest vulnerabilities of the United States, 

15 which is fraud committed by financial institutions. 

16 Fraud committed by financial institutions continues 

17 as of the date of enactment of this Act, which dem18 onstrates that such fraud does not disappear, but 

19 evolves and grows over time, which weakens finan20 cial institutions from the inside. 

21 (3) There is a need for a permanent law en22 forcement agency dedicated solely to investigating 

23 fraud committed by financial institutions and insid24 ers at financial institutions because that type of 

25 fraud— 


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1 (A) wreaks havoc on the economy of the 

2 United States; 

3 (B) puts the finances of the United States 

4 at risk; and 

5 (C) ruins the lives of individuals in the 

6 United States. 

7 (4) Investigations led by SIGTARP have re8 sulted in criminal charges against more than 400 de9 fendants, including criminal charges against nearly 

10 100 bankers. These criminal charges were related to 

11 more than 20 failed banks, with a combined esti12 mated loss to the deposit insurance fund of 

13 $7,000,000,000. 

14 (5) SIGTARP’s investigations led to the De15 partment of Justice enforcement actions against 10 

16 financial institutions, with 8 having total assets ex17 ceeding $100,000,000,000. 

18 (6) SIGTARP has developed unique methods to 

19 search for crime by using industry, financial, and 

20 human intelligence, including fraudulent conduct 

21 that contributed to the failure of financial institu22 tions, or that was either in, or impacted, financial 

23 institutions. 

24 (7) Rather than establishing an entirely new 

25 entity, it makes the most sense for taxpayers to rely 


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1 on SIGTARP’s understanding of complex bank 

2 records and bank operations and use of intelligence 

3 to— 

4 (A) identify anomalies; and 

5 (B) investigate, and root out fraud at, fi6 nancial institutions. 

7 (8) The vast expertise of SIGTARP, and the 

8 proven results of SIGTARP with respect to the in9 vestigation of crime at financial institutions, should 

10 be used on a permanent basis to bring accountability 

11 and to deter fraud that jeopardizes financial institu12 tions in the United States, especially considering the 

13 extent to which the people of the United States rely 

14 on those institutions. 

15 (b) REDESIGNATION OF THE OFFICE OF THE SPE16 CIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET

17 RELIEF PROGRAM AND THE SPECIAL INSPECTOR GEN18 ERAL FOR THE TROUBLED ASSET RELIEF PROGRAM.— 

19 (1) IN GENERAL.—The Emergency Economic 

20 Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) 

21 is amended— 

22 (A) by striking ‘‘Special Inspector General 

23 for the Troubled Asset Relief Program’’ each 

24 place the term appears and inserting ‘‘Special 

25 Inspector General for Financial Institution 


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1 Crime’’, except where the term is used to refer 

2 to the Special Inspector General for the Trou3 bled Asset Relief Program Act of 2009; 

4 (B) in section 121 (12 U.S.C. 5231), in 

5 the section heading, by striking ‘‘SPECIAL IN6 SPECTOR GENERAL FOR THE TROUBLED

7 ASSET RELIEF PROGRAM’’ and inserting 

8 ‘‘SPECIAL INSPECTOR GENERAL FOR FI9 NANCIAL INSTITUTION CRIME’’; and 

10 (C) in the table of contents, by striking the 

11 item relating to section 121 and inserting the 

12 following: 

‘‘Sec. 121. Special Inspector General for Financial Institution Crime.’’. 

13 (2) TECHNICAL AND CONFORMING AMEND14 MENTS.— 

15 (A) ADDITIONAL APPROPRIATIONS PROVI16 SION.—The Helping Families Save Their 

17 Homes Act of 2009 (Public Law 111–22; 123 

18 Stat. 1632) is amended— 

19 (i) in section 402 (12 U.S.C. 

20 5231a)— 

21 (I) in the section heading, by 

22 striking ‘‘SPECIAL INSPECTOR

23 GENERAL FOR THE TROUBLED

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1 ERAL FOR FINANCIAL INSTITU2 TION CRIME’’; and 

3 (II) in subsection (b)(1)(A), by 

4 striking ‘‘Special Inspector General of 

5 the Trouble Asset Relief Program’’ 

6 and inserting ‘‘Special Inspector Gen7 eral for Financial Institution Crime’’; 

8 and 

9 (ii) in the table of contents, by strik10 ing the item relating to section 402 and in11 serting the following: 

‘‘Sec. 402. Special Inspector General for Financial Institution Crime.’’. 

12 (B) EXEMPTION FROM BUDGET REDUC13 TION.—Section 255(i) of the Balanced Budget 

14 and Emergency Deficit Control Act of 1985 (2 

15 U.S.C. 905(i)) is amended by striking ‘‘Special 

16 Inspector General for the Troubled Asset Relief 

17 Program’’ and inserting ‘‘Special Inspector 

18 General for Financial Institution Crime’’. 

19 (3) REFERENCES.— 

20 (A) OFFICE REFERENCES.—Any reference 

21 to the Office of the Special Inspector General 

22 for the Troubled Asset Relief Program in any 

23 law, rule, regulation, certificate, directive, in24 struction, or other official paper in force on the 

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1 ered to refer and apply to the Office of the Spe2 cial Inspector General for Financial Institution 

3 Crime. 

4 (B) SPECIAL INSPECTOR GENERAL REF5 ERENCES.—Any reference to the Special In6 spector General for the Troubled Asset Relief 

7 Program in any law, rule, regulation, certifi8 cate, directive, instruction, or other official 

9 paper in force on the date of enactment of this 

10 Act shall be considered to refer and apply to 

11 the Special Inspector General for Financial In12 stitution Crime. 

13 (c) DUTIES OF SPECIAL INSPECTOR GENERAL FOR

14 FINANCIAL INSTITUTION CRIME.— 

15 (1) IN GENERAL.—Section 121 of the Emer16 gency Economic Stabilization Act of 2008 (12 

17 U.S.C. 5231) is amended— 

18 (A) in subsection (b)— 

19 (i) by striking paragraph (3); and 

20 (ii) by redesignating paragraphs (4), 

21 (5), and (6) as paragraphs (3), (4), and 

22 (5), respectively; 

23 (B) by striking subsection (c) and insert24 ing the following: 

25 ‘‘(c) DUTIES.— 


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1 ‘‘(1) IN GENERAL.—It shall be the duty of the 

2 Special Inspector General to conduct, supervise and 

3 coordinate— 

4 ‘‘(A) investigations of fraudulent conduct 

5 in, or impacting— 

6 ‘‘(i) an entity described in any of sub7 paragraphs (A) through (F) of section 

8 5312(a)(2) of title 31, United States Code; 

9 ‘‘(ii) a bank holding company, as de10 fined in section 2 of the Bank Holding 

11 Company Act of 1956 (12 U.S.C. 1841); 

12 or 

13 ‘‘(iii) a savings and loan holding com14 pany, as defined in section 10(a) of the 

15 Home Owners’ Loan Act (12 U.S.C. 

16 1467a(a)); and 

17 ‘‘(B) audits and investigations of— 

18 ‘‘(i) the purchase, management, and 

19 sale of assets by the Secretary under any 

20 program established by the Secretary 

21 under section 101; and 

22 ‘‘(ii) the management by the Sec23 retary of any program established under 

24 section 102, including by collecting and 


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1 summarizing the information described in 

2 paragraph (2). 

3 ‘‘(2) INFORMATION REQUIRED.—The informa4 tion described in this paragraph is the following: 

5 ‘‘(A) A description of the categories of 

6 troubled assets purchased or otherwise procured 

7 by the Secretary. 

8 ‘‘(B) A listing of the troubled assets pur9 chased in each such category described in sub10 paragraph (A). 

11 ‘‘(C) An explanation of the reasons the 

12 Secretary deemed it necessary to purchase each 

13 such troubled asset. 

14 ‘‘(D) A listing of each financial institution 

15 from which those troubled assets were pur16 chased. 

17 ‘‘(E) A listing of and detailed biographical 

18 information on each person or entity hired to 

19 manage such troubled assets. 

20 ‘‘(F) A current estimate of the total 

21 amount of troubled assets purchased pursuant 

22 to any program established under section 101, 

23 the amount of troubled assets on the books of 

24 the Treasury, the amount of troubled assets 


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1 sold, and the profit and loss incurred on each 

2 sale or disposition of each such troubled asset. 

3 ‘‘(G) A listing of the insurance contracts 

4 issued under section 102. 

5 ‘‘(3) ADDITIONAL DUTIES.—The Special In6 spector General shall— 

7 ‘‘(A) establish, maintain, and oversee such 

8 systems, procedures, and controls as the Special 

9 Inspector General considers appropriate to dis10 charge the duty under paragraph (1); and 

11 ‘‘(B) have the duties and responsibilities of 

12 inspectors general under the Inspector General 

13 Act of 1978 (5 U.S.C. App.). 

14 ‘‘(4) ADDITIONAL AUTHORITY.— 

15 ‘‘(A) IN GENERAL.—Except as provided 

16 under subparagraph (B), and in addition to the 

17 duties specified in paragraphs (1) and (2), the 

18 Special Inspector General shall have the author19 ity to conduct, supervise, and coordinate an 

20 audit or investigation of any action taken under 

21 this title as the Special Inspector General deter22 mines appropriate. 

23 ‘‘(B) EXCEPTION.—Subparagraph (A) 

24 shall not apply with respect to any action taken 

25 under section 115, 116, 117, or 125.’’; 


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1 (C) in subsection (e)— 

2 (i) in paragraph (1), by striking sub3 paragraph (B) and inserting the following: 

4 ‘‘(B)(i) Subject to clause (ii), notwithstanding the 

5 fact that the Office of the Special Inspector General for 

6 Financial Institutions Crime Enforcement is not a tem7 porary organization, as defined in subsection (a) of section 

8 3161 of title 5, United States Code, the Special Inspector 

9 General may exercise the authorities of subsections (b) 

10 through (i) of that section. 

11 ‘‘(ii) If the Special Inspector General exercises the 

12 authorities described in clause (i)— 

13 ‘‘(I) section 3161(b)(2) of title 5, United States 

14 Code (relating to periods of appointments), shall not 

15 apply; and 

16 ‘‘(II) with respect to an individual who is hired 

17 after the date of enactment of the Ending Too Big 

18 to Jail Act, section 3161(b)(3) of title 5, United 

19 States Code, shall not apply unless that individual is 

20 a reemployed annuitant described in paragraph 

21 (5).’’; and 

22 (ii) in paragraph (5)— 

23 (I) in subparagraph (A)— 

24 (aa) by striking ‘‘(A)’’; and 


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1 (bb) in the first sentence, by 

2 striking ‘‘Except as provided 

3 under subparagraph (B), if’’ and 

4 inserting ‘‘If’’; and 

5 (II) by striking subparagraph 

6 (B); 

7 (D) by striking subsection (g) and insert8 ing the following: 

9 ‘‘(g) COOPERATION AND COORDINATION WITH

10 OTHER ENTITIES.— 

11 ‘‘(1) DEFINITIONS.—In this subsection— 

12 ‘‘(A) the term ‘bank holding company’ has 

13 the meaning given the term in section 2 of the 

14 Bank Holding Company Act of 1956 (12 

15 U.S.C. 1841); 

16 ‘‘(B) the term ‘financial institutions’ 

17 means an entity described in any of subpara18 graphs (A) through (F) of section 5312(a)(2) of 

19 title 31, United States Code; and 

20 ‘‘(C) the term ‘savings and loan holding 

21 company’ has the meaning given the term in 

22 section 10(a) of the Home Owners’ Loan Act 

23 (12 U.S.C. 1467a(a)). 

24 ‘‘(2) REQUIRED COORDINATION.—In carrying 

25 out the duties, responsibilities, and authorities of the 


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1 Special Inspector General under this section, the 

2 Special Inspector General shall work with the enti3 ties described in paragraph (3), with a view toward 

4 avoiding duplication of effort and ensuring com5 prehensive oversight of— 

6 ‘‘(A) financial institutions, bank holding 

7 companies, and savings and loan holding com8 panies; 

9 ‘‘(B) any fraudulent conduct in, or impact10 ing, an entity described in subparagraph (A); 

11 and 

12 ‘‘(C) the Troubled Asset Relief Program. 

13 ‘‘(3) ENTITIES.—The entities described in this 

14 paragraph are the following: 

15 ‘‘(A) The Inspector General of the Depart16 ment of the Treasury. 

17 ‘‘(B) The Inspector General of the Federal 

18 Deposit Insurance Corporation. 

19 ‘‘(C) The Inspector General of the Securi20 ties and Exchange Commission. 

21 ‘‘(D) The Inspector General of the Board 

22 of Governors of the Federal Reserve System 

23 and the Bureau of Consumer Financial Protec24 tion. 


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1 ‘‘(E) The Inspector General of the Federal 

2 Housing Finance Agency. 

3 ‘‘(F) The Inspector General of any other 

4 entity as appropriate.’’; 

5 (E) in subsection (h), by striking ‘‘until 

6 the date of termination of the Office of the Spe7 cial Inspector General for the Troubled Asset 

8 Relief Program’’; 

9 (F) by striking subsection (i) and inserting 

10 the following: 

11 ‘‘(i) REPORTS.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) REQUIREMENT.—Subject to subpara14 graph (B), not later than April 30 and October 

15 31 of each year, the Special Inspector General 

16 shall submit to the appropriate committees of 

17 Congress a semiannual report with respect to 

18 the 6-month period that ends on March 31 and 

19 September 30 of that year, respectively. 

20 ‘‘(B) INITIAL REPORT.—The first report 

21 submitted by the Special Inspector General 

22 under subparagraph (A) after the date of enact23 ment of the Ending Too Big to Jail Act shall 

24 be with respect to the first full 6-month period 


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1 that ends on March 31 or September 30 after 

2 that date of enactment, whichever is earlier. 

3 ‘‘(2) CONTENTS.—Each report submitted under 

4 paragraph (1) shall include a summary of, for the 

5 period covered by the report, the relevant actions 

6 taken by the Special Inspector General. 

7 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection may be construed to authorize the 

9 public disclosure of information that is— 

10 ‘‘(A) specifically prohibited from disclosure 

11 by any other provision of law; 

12 ‘‘(B) specifically required by Executive 

13 order to be protected from disclosure in the in14 terest of national defense or national security or 

15 in the conduct of foreign affairs; or 

16 ‘‘(C) a part of an ongoing criminal inves17 tigation. 

18 ‘‘(4) PUBLIC AVAILABILITY.—Except as pro19 vided under paragraph (3), all reports submitted 

20 under this subsection shall be available to the pub21 lic.’’; 

22 (G) in subsection (j), by adding at the end 

23 the following: 

24 ‘‘(3) the amounts made available under section 

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1 provement and Oversight Act of 2009 (12 U.S.C. 

2 5231a(c)) shall remain available until expended for any 

3 purpose in furtherance of the mission of the Office of the 

4 Special Inspector General for Financial Institution Crime; 

5 and 

6 ‘‘(4) the Office of the Special Inspector General for 

7 Financial Institution Crime shall receive annual appro8 priations from Congress separate and apart from appro9 priations made to the U.S. Department of the Treasury.’’; 

10 and 

11 (H) by striking subsection (k). 

12 (2) CONTINUING SERVICE.—If the individual 

13 serving as the Special Inspector General for the 

14 Troubled Asset Relief Program on the day before 

15 the date of enactment of this Act was appointed to 

16 that position by the President, by and with the ad17 vice and consent of the Senate, that individual shall 

18 continue to serve as the Special Inspector General 

19 for Financial Institution Crime. 

20 (d) AUTHORITY OF SPECIAL INSPECTOR GEN21 ERAL.—Section 121 of the Emergency Economic Sta22 bilization Act of 2008 (12 U.S.C. 5231) is amended by 

23 adding at the end the following: 

24 ‘‘(l) DISCLOSURE.— 


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1 ‘‘(1) IN GENERAL.—Without approval of the 

2 Special Inspector General, no person, financial insti3 tution (as defined in section 5312(a) of title 31, 

4 United States Code), bank holding company (as de5 fined in section 2 of the Bank Holding Company Act 

6 of 1956 (12 U.S.C. 1841)), savings and loan holding 

7 company (as defined in section 10(a) of the Home 

8 Owners’ Loan Act (12 U.S.C. 1467a(a))), or any 

9 other entity, including an entity that lawfully pos10 sesses non-public information and records of the 

11 Special Inspector General, may disclose information 

12 and records with respect to the duties of the Special 

13 Inspector General under this section unless— 

14 ‘‘(A) the Special Inspector General has ap15 proved a request for that information or those 

16 records, as applicable, under procedures estab17 lished by the Special Inspector General; or 

18 ‘‘(B)(i) an appropriate court of the United 

19 States has ordered that information or those 

20 records, as applicable, be released; and 

21 ‘‘(ii) the Special Inspector General had the 

22 opportunity to oppose the release of the mate23 rial described in clause (i) in a proceeding be24 fore the court described in that clause. 


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1 ‘‘(2) APPLICATION OF PRIVILEGE.—No Federal 

2 or State financial institutions regulatory agency, in3 cluding the Office of the Comptroller of the Cur4 rency, the Board of Governors of the Federal Re5 serve System, the Federal reserve banks, the Federal 

6 Deposit Insurance Corporation, the Bureau of Con7 sumer Financial Protection, the Federal Housing Fi8 nance Agency, and any State banking agency, may, 

9 on the basis of any common law privilege, including 

10 the bank examiner privilege, deny the Special In11 spector General access to information or records 

12 after the Special Inspector General has requested 

13 that information or those records, as applicable.’’. 

14 SEC. 3. CERTIFICATION. 

15 (a) DEFINITIONS.—In this section— 

16 (1) the term ‘‘appropriate entity’’ means— 

17 (A) the Special Inspector General for the 

18 Troubled Asset Relief Program or any successor 

19 entity; or 

20 (B) if the Program or entity described in 

21 subparagraph (A) does not exist, the Attorney 

22 General; 

23 (2) the terms ‘‘bank holding company’’ and 

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1 ings given those terms in section 10(a) of the Home 

2 Owners’ Loan Act (12 U.S.C. 1467a(a)); and 

3 (3) the term ‘‘financial institution’’ has the 

4 meaning given the term in section 5312(a) of title 

5 31, United States Code. 

6 (b) CERTIFICATION.—The chief executive officer, 

7 chief financial officer, chief operating officer, and chief 

8 compliance officer of a financial institution, a bank hold9 ing company, or a savings and loan holding company with 

10 assets greater than $10,000,000,000, shall submit to the 

11 appropriate entity, subject to section 1001 of title 18, 

12 United States Code, an annual certification that the offi13 cers have conducted due diligence and found that there 

14 is no criminal conduct or civil fraud in the financial insti15 tution, bank holding company, or savings and loan holding 

16 company, as applicable, that has not been disclosed in full 

17 to the Department of Justice or the applicable regulator. 

18 If a disclosure to the Department of Justice or the appli19 cable regulator has been made, the certification shall ex20 plicitly describe all of the details of the conduct that has 

21 been disclosed, including but not limited to, the date of 

22 disclosure, and the person to whom the disclosure was 

23 made. 

24 (c) REGULATIONS.—Not later than 1 year after the 

25 date of enactment of this Act, the appropriate entity shall 


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1 promulgate regulations on the process under which certifi2 cations made under subsection (b) shall be submitted. 

3 (d) WEBSITE.—The appropriate entity shall, on the 

4 website of the appropriate entity— 

5 (1) within 90 calendar days following the pro6 mulgation of regulations under subsection (c), and 

7 on an annual basis thereafter, publish a list of all 

8 financial institutions, bank holding companies, and 

9 savings and loan holding companies subject to the 

10 upcoming year’s annual certification requirement 

11 under subsection (b); and 

12 (2) maintain on the homepage a direct link for 

13 the public to report alleged misconduct pertaining to 

14 any entity listed under paragraph (1). 

15 (e) EFFECTIVE DATE.—Subsection (b) shall take ef16 fect on the effective date of the regulations promulgated 

17 under subsection (c). 

18 (f) ENFORCEMENT.— 

19 (1) INJUNCTIONS.—When the Secretary of the 

20 Treasury believes a person has violated, is violating, 

21 or will violate this section or a regulation prescribed 

22 under this section, the Secretary may bring a civil 

23 action in the appropriate district court of the United 

24 States or appropriate United States court of a terri25 tory or possession of the United States to enjoin the 


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1 violation or to enforce compliance with the section or 

2 regulation. An injunction or temporary restraining 

3 order shall be issued without bond. 

4 (2) CIVIL PENALTIES.— 

5 (A) IN GENERAL.—A chief executive offi6 cer, chief financial officer, chief operating offi7 cer, and chief compliance officer of a financial 

8 institution, a bank holding company, or a sav9 ings and loan holding company, willfully vio10 lating this section or a regulation prescribed 

11 under this section is liable to the United States 

12 Government for a civil penalty of not more than 

13 $25,000. 

14 (B) NEGLIGENCE.— 

15 (i) IN GENERAL.—The Secretary of 

16 the Treasury may impose a civil money 

17 penalty of not more than $500 on any 

18 chief executive officer, chief financial offi19 cer, chief operating officer, and chief com20 pliance officer of a financial institution, a 

21 bank holding company, or a savings and 

22 loan holding company who negligently vio23 lates any provision of this section or any 

24 regulation prescribed under this section. 


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1 (ii) PATTERN OF NEGLIGENT ACTIV2 ITY.—If any chief executive officer, chief 

3 financial officer, chief operating officer, 

4 and chief compliance officer of a financial 

5 institution, a bank holding company, or a 

6 savings and loan holding company engages 

7 in a pattern of negligent violations of any 

8 provision of this section or any regulation 

9 prescribed under this section, the Secretary 

10 of the Treasury may, in addition to any 

11 penalty imposed under clause (i) with re12 spect to any such violation, impose a civil 

13 money penalty of not more than $50,000 

14 on the chief executive officer, chief finan15 cial officer, chief operating officer, and 

16 chief compliance officer of a financial insti17 tution, a bank holding company, or a sav18 ings and loan holding company. 

19 (3) CRIMINAL PENALTIES.— 

20 (A) IN GENERAL.—A chief executive offi21 cer, chief financial officer, chief operating offi22 cer, and chief compliance officer of a financial 

23 institution, a bank holding company, or a sav24 ings and loan holding company willfully vio25 lating this section or a regulation prescribed 


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1 under this section shall be fined not more than 

2 $250,000, or imprisoned for not more than 5 

3 years, or both. 

4 (B) OTHER LAWS.—A chief executive offi5 cer, chief financial officer, chief operating offi6 cer, and chief compliance officer of a financial 

7 institution, a bank holding company, or a sav8 ings and loan holding company willfully vio9 lating this section or a regulation prescribed 

10 under this section while violating another law of 

11 the United States or as part of a pattern of any 

12 illegal activity involving more than $100,000 in 

13 a 12-month period, shall be fined not more than 

14 $500,000, imprisoned for not more than 10 

15 years, or both. 

16 SEC. 4. ACCOUNTABILITY IN DEFERRED PROSECUTION 

17 AGREEMENTS. 

18 Section 3161(h)(2) of title 18, United States Code, 

19 is amended— 

20 (1) by striking ‘‘Any’’ and inserting ‘‘(A) Any’’; 

21 and 

22 (2) by adding at the end the following: 

23 ‘‘(B)(i) If the defendant described in subpara24 graph (A) is a person other than an individual, the 

25 court may not approve an agreement described in 


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1 that subparagraph unless the court determines that 

2 the agreement is in the public interest, including ex3 tending the term of such an agreement. 

4 ‘‘(ii) In making the determination under clause 

5 (i), the court shall consider— 

6 ‘‘(I) whether any reforms required under 

7 the agreement are likely to prevent similar un8 lawful behavior in the future; 

9 ‘‘(II) whether any penalties under the 

10 agreement are sufficient to compensate victims 

11 and deter future unlawful actions; 

12 ‘‘(III) if the defendant has previously been 

13 convicted or entered into a deferred prosecution 

14 agreement with the Government in connection 

15 with related activity, the court may not, without 

16 good cause, approve such an agreement. 

17 ‘‘(iii) Any period of delay during which the 

18 court is making the determination under this sub19 paragraph shall be included in the period of delay 

20 described in subparagraph (A). 

21 ‘‘(C)(i) The court may, on its own or on motion 

22 of any party or of an independent monitor, if one is 

23 appointed pursuant to an agreement described in 

24 subparagraph (A), review the implementation or ter25 mination of the agreement, and take any appropriate 


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1 action, to assure that the implementation or termi2 nation is in the public interest. 

3 ‘‘(ii) The court may order a party or an inde4 pendent monitor to file evidence with the court to 

5 aid the court in making the determination under 

6 clause (i). 

7 ‘‘(D)(i) Except as provided in clause (ii), the 

8 Attorney General shall make available on the public 

9 website of the Department of Justice— 

10 ‘‘(I) the text of any agreement described in 

11 subparagraph (A) between an attorney for the 

12 Government and a defendant that is a person 

13 other than an individual; and 

14 ‘‘(II) all the terms and conditions of any 

15 agreement or understanding between an inde16 pendent monitor appointed pursuant to the 

17 agreement described in subclause (I) and the 

18 defendant. 

19 ‘‘(ii) The information described in clause (i) 

20 and subparagraph (C)(ii) shall not be made publicly 

21 available if, upon petition by any interested party, 

22 the court finds that there is good cause to not make 

23 such information public, including that the informa24 tion is proprietary, confidential, a trade secret, or 


pamtmann on DSKBFK8HB2PROD with BILLS
26 

•S 1005 IS

1 meets the requirements of rule 49.1 of the Federal 

2 Rules of Criminal Procedure.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS