I 
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. 
SA´NCHEZ 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Accountability in De-
ferred 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 prosecu-
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tion 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 de-
ferred prosecution agreements. 
SEC. 4. ADMINISTRATIVE GUIDELINES ON AGREEMENTS. 
(a) IN GENERAL.—In order to promote uniformity 
and to assist prosecutors and organizations as they nego-
tiate and implement deferred prosecution agreements and 
nonprosecution agreements, the Attorney General shall, 
not later than 90 days after the date of the enactment 
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of this Act, issue public written guidelines for deferred 
prosecution agreements and nonprosecution agreements. 
(b) MATTERS GUIDELINES TO COVER.—The guide-
lines 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 success-
fully 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 regu-
latory agencies in connection with the agreement 
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and the division of responsibilities with those agen-
cies. 
(7) The period during which the agreement 
should remain in effect. 
(8) What constitutes the cooperation, if any, re-
quired 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 agree-
ment. 
SEC. 5. SELECTION AND COMPENSATION OF INDEPENDENT 
MONITORS OF AGREEMENTS. 
(a) RULES FOR SELECTION OF MONITORS.—The At-
torney General shall establish rules for the selection of 
independent monitors in connection with deferred prosecu-
tion 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 mon-
itors. The Attorney General shall place the list on the pub-
lic website of the Department of Justice. 
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