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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Early Education Employee Benefit Act 
of 2002''.

SEC. 2. AUTHORITY TO MAKE GRANTS.

    The Secretary of Health and Human Services may make grants on a 
competitive basis, and payable during a period of not less than 2 years 
and not more than 5 years, to eligible States and political 
subdivisions of States--
            (1) to establish innovative partnerships with private 
        partners to reduce the cost incurred by employees and union 
        members to obtain early education (including child care, 
        preschool, and other early childhood programs), or
            (2) to assist private partners to pay part of the cost of 
        acquiring, building, and renovating physical premises to be 
        used as new early education facilities.

SEC. 3. ELIGIBILITY OF STATES AND POLITICAL SUBDIVISIONS OF STATES TO 
              RECEIVE GRANTS.

    To be eligible to receive a grant under section 2, a State or a 
political subdivision of a State shall submit to the Secretary an 
application at such time, in such form, and containing such information 
as the Secretary may require by rule, including--
            (1) the agency designated by the State, or the political 
        subdivision of a State, to serve as the lead agency that will 
        administer such grant,
            (2) a description of the program such applicant intends to 
        carry out with such grant,
            (3) a description of the source, and increasing annual 
        amount, of the funds such applicant will use to pay the non-
        Federal share of the cost to carry out such program during a 
        period not less than 2 years and not more than 5 years, and
            (4) an agreement that such State or such political 
        subdivision--
                    (A) will contribute (from non-Federal funds) to 
                carry out such program, an amount equal to 50 percent 
                of the amount of such grant,
                    (B) will not require a private partner to offer on-
                site early education as a condition for participation 
                in an Early Education Benefit Agreement, and
                    (C) will use such grant to supplement, not 
                supplant, spending by such State, such political 
                subdivision, and private partners to improve access to 
                and enhance the quality of early education.

SEC. 4. SELECTION OF APPLICANTS TO RECEIVE GRANTS.

    In making grants under this Act, the Secretary shall give priority 
to eligible applicants that--
            (1) are, in the judgment of the Secretary, most likely to 
        increase the number of employees and members who receive an 
        Early Education Benefit through their employers and unions,
            (2) propose innovative public-private partnerships that 
        will carry out early education programs that are likely to be 
        replicated,
            (3) are likely to be sustainable beyond the period during 
        which such grant is expended,
            (4) are developed in consultation with child care resource 
        and referral agencies and networks, and with employers and 
        unions,
            (5) demonstrate the intention and ability to provide--
                    (A) with funds to be expended for the use described 
                in section 5(1), Early Education Benefits through Early 
                Education Benefit Agreements to a significant number of 
                employees of private employers with fewer than 50 
                employees, or
                    (B) with funds to be expended for the use described 
                in section 5(2), Early Education Start-up Grants to 
                private employers with fewer than 50 employees, and
                    (6) have experience working on early childhood 
                issues and working in partnership with the business 
                community, or have an agreement to implement the 
                program funded by a grant made under section 2 through 
                a nonprofit entity with such experience.

SEC. 5. USES OF FUNDS.

    A recipient of a grant made under section 2 shall use such grant--
            (1) to enter into Early Education Benefit Agreements to 
        provide Early Education Benefits, or
            (2) to provide funds to private partners to establish new 
        early education facilities,
except that not more than 5 percent of such grant may be used to pay 
administrative costs incurred by such recipient to carry out this Act, 
including providing outreach to private partners.

SEC. 6. EARLY EDUCATION BENEFIT AGREEMENTS.

    (a) Eligibility.--To be eligible to receive funds to be used for 
the purpose specified in section 5(1) from a grant made under section 
2, a private partner, or consortia of private partners, shall enter 
into an Early Education Benefit Agreement with the recipient of such 
grant that includes the following:
            (1) An assurance that such private partner, or such 
        consortia, will pay not less than--
                    (A) \1/3\ of the cost of such Early Education 
                Benefit, or
                    (B) \1/5\ of such cost if such private partner, or 
                such consortia, creates a new early education facility 
                that--
                            (i) serves children less than 2 years of 
                        age or children with disabilities, or
                            (ii) is available during nontraditional 
                        work hours.
            (2) An assurance that such private partner, or such 
        consortia, shall offer such Early Education Benefit on a 
        priority basis to such employees or such members who have lower 
        incomes if such Early Education Benefit is not offered to all 
        such employees or all such members.
            (3) An assurance that if such private partner, or such 
        consortia, requires that such Early Education Benefit received 
        by an employee or member be expended at a limited number of 
        sites where early education (including child care, preschool, 
        and other early childhood programs) is provided, then 
there shall be at least 1 provider of early education (including child 
care, preschool, and other early childhood programs) for which such 
Early Education Benefit may be expended, that is--
                    (A) located at or near the residence or place of 
                employment of such employee or such member, and
                    (B) accredited by the National Association for the 
                Education of Young Children or the National Association 
                for Family Child Care, or taking steps to obtain such 
                accreditation.
            (4) An assurance that early education paid for in whole or 
        in part by such Early Education Benefit will be provided by a 
        provider that is licensed or regulated by the State.
            (5) A detailed description of--
                    (i) the nature of the Early Education Benefit to be 
                provided,
                    (ii) the respective financial contributions of such 
                private partner, or such consortia, and such grant 
                recipient, and the procedures by which such 
                contributions will be made,
                    (iii) the number of employees or members expected 
                to receive the Early Education Benefit provided under 
                such Agreement, and
                    (iv) the estimated total cost of such Benefit to 
                such private partner (or such consortia), such grant 
                recipient, and such employees or such members.
    (b) Selection of Private Partners To Enter Into Early Education 
Benefit Agreements.--In selecting private partners with which to enter 
into Early Education Benefit Agreements, a recipient of a grant made 
under section 2 shall give priority to--
            (1) private partners that will make larger financial 
        contributions to the Early Education Benefit,
            (2) private partners with fewer employees or members,
            (3) private partners that will make an Early Education 
        Benefit available to employees and members on a sliding scale 
        inversely proportional to their level of earned income, and
            (4) private partners that have a history of personnel 
        policies and practices that enable their employees or their 
        members to balance work commitments with family obligations.

SEC. 7. EARLY EDUCATION START-UP GRANTS.

    (a) Eligibility To Receive Funds.--To be eligible to receive funds 
for the use specified in section 5(2) from a grant made under section 
2, a private partner shall agree--
            (1) to subsidize attendance at the proposed new early 
        education facility for children of lower-paid employees or 
        members, and
            (2) to pay not less than \1/3\ of the cost of acquiring, 
        building, and renovating physical premises to be used as such 
        facility.
    (b) Selection of Private Partners To Receive Funds.--In providing 
funds to private partners from a grant received for the use specified 
in section 5(2), a recipient of a grant made under section 2 shall give 
priority to--
            (1) private partners that will create a facility to provide 
        early education that--
                    (A) serves children less than 2 years of age or 
                children with disabilities, or
                    (B) is available during nontraditional hours during 
                which their parents are employed,
            (2) private partners that will operate such a facility that 
        is accredited, has a low ratio of children to adults, or 
        demonstrates other facts that show such facility offers an 
        early education program of high quality,
            (3) private partners that will pay with nongovernmental 
        funds a larger share of the cost of the use for which the Early 
        Education Start-up Grant funds will be expended,
            (4) private partners that have fewer employees or members, 
        and
            (5) private partners that have a history of personnel 
        policies and practices that enable their employees or members 
        to balance work commitments with family obligations.

SEC. 8. REPORTS.

    (a) Reports by Grantees.--The Secretary shall issue rules that 
require each recipient of a grant made under section 2 to submit 
annually to the Secretary a report that includes the following 
information for the fiscal year for which such report is submitted:
            (1) The number of Early Education Benefit Agreements 
        participated in and Start-Up Grants made.
            (2) Information about the private partners, including the 
        industry of which they are a part and their size.
            (3) Information about the number of employees who are both 
        offered and are receiving Early Education Benefits as a result 
        of such grant,including the number and average incomes of 
        employees who are receiving Early Education Benefits and the 
        number of employees who were offered and declined Early 
        Education Benefits.
            (4) Information about the amount of private spending on 
        Early Education Benefits and on the investment in new early 
        education facilities leveraged by the grants.
            (5) If appropriate and available, information about whether 
        and at what level private partners have continued to provide 
        Early Education Benefits after the conclusion of the grantee's 
        participation in an Early Education Benefit Agreement.
    (b) Reports by the Secretary.--The Secretary shall submit to the 
Congress biennially a report that includes the following information 
for the period of 2 fiscal years for which such report is submitted:
            (1) Summaries of the reports received under subsection (a) 
        by the Secretary for such period.
            (2) A description of the implementation of this Act, and 
        its impact on employees' access to early education programs for 
        their children, during such period.

SEC. 9. DEFINITIONS.

    For purposes of this Act:
            (1) Child.--The term ``child'' means an individual who is 
        less that 6 years of age.
            (2) Early Education Benefit.--The term ``Early Education 
        Benefit'' means assistance, in cash or in kind, to pay any part 
        of the cost incurred by employees and union members to obtain 
        early education (including child care, preschool, and other 
        early childhood programs) for their children.
            (3) Early Education Benefit Agreement.--The term ``Early 
        Education Benefit Agreement'' means a contract under which a 
        recipient of a grant under section 2 and a private partner that 
        receives from such recipient funds provided for the use 
        described in section 5(1) agree to provide jointly an Early 
        Education Benefit for children of the members or employees of 
        such private partner.
            (4) Private Partner.--The term ``private partner'' means a 
        private employer, labor union, and consortia of employers or 
        labor unions.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as may be necessary for fiscal years 2003 through 2007.
Early Education Employee Benefit Act of 2002 - Authorizes the Secretary of Health and Human Services (HHS) to make competitive matching grants to States and local governments to: (1) enter Early Education Benefit Agreements with private partners to provide part of the cost of Early Education Benefits, which reduce costs incurred by employees and union members to obtain early education (including child care, preschool, and other early childhood programs); or (2) make Early Education Start-Up Grants to assist private partners to pay part of the cost of acquiring, building, and renovating physical premises to be used as new early education facilities, if such partners subsidize attendance at those facilities for children of lower-paid employees or union members.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Silvio O. Conte Disabilities 
Prevention Act''.

SEC. 2. ESTABLISHMENT OF SILVIO O. CONTE DISABILITIES PREVENTION 
              PROGRAM.

    Part B of title III of the Public Health Service Act (42 U.S.C. 243 
et seq.) is amended by inserting after section 314 the following new 
section:

           ``silvio o. conte disabilities prevention program

    ``Sec. 315. (a) In General.--The Secretary, acting through the 
Director of the Centers for Disease Control and Prevention, may make 
grants to and enter into contracts with public and nonprofit private 
entities for the purpose of carrying out programs for the prevention of 
disabilities and the prevention of secondary conditions resulting from 
disabilities.
    ``(b) Certain Authorized Activities.--With respect to the 
prevention of disabilities and conditions described in subsection (a), 
activities for which the Secretary may provide financial assistance 
under such subsection include--
            ``(1) coordinating prevention activities;
            ``(2) conducting demonstrations and interventions;
            ``(3) conducting surveillances and studies;
            ``(4) educating the public; and
            ``(5) educating and training health professionals 
        (including allied health professionals) and conducting 
        activities to improve the clinical skills of such 
        professionals.
    ``(c) Priorities.--The Secretary, in consultation with the National 
Council on Disabilities, shall establish priorities among the 
activities that are to be carried out under subsection (a).
    ``(d) Reports to Secretary.--The Secretary may provide financial 
assistance under subsection (a) only if the applicant involved agrees 
to submit to the Secretary such reports as the Secretary may require 
with respect to such assistance.
    ``(e) Application for Assistance.--The Secretary may provide 
financial assistance under subsection (a) only if an application for 
such assistance is submitted to the Secretary and the application is in 
such form, is made in such manner, and contains such agreements, 
assurances, and information as the Secretary determines to be necessary 
to carry out this section.
    ``(f) Limitation Regarding Education of Health Professionals.--In 
providing financial assistance under subsection (a), the Secretary may 
not, for activities described in subsection (b)(5), obligated more than 
10 percent of the amounts appropriated under subsection (k) for any 
fiscal year.
    ``(g) Technical Assistance.--The Secretary may provide training, 
technical assistance, and consultations with respect to the planning, 
development, and operation of any program for the prevention of 
disabilities or the prevention of secondary conditions resulting from 
disabilities.
    ``(h) Provision of Supplies and Services in Lieu of Funds.--
            ``(1) In general.--Upon the request of a recipient of 
        financial assistance under subsection (a), the Secretary may, 
        subject to paragraph (2), provide supplies, equipment, and 
        services for the purpose of aiding the recipient in carrying 
        out such subsection and, for such purpose, may detail to the 
        recipient any officer or employee of the Department of Health 
        and Human Services.
            ``(2) Corresponding reduction in payments.--With respect to 
        a request by a recipient for purposes of paragraph (1), the 
        Secretary shall reduce the amount of payments under subsection 
        (a) to the recipient by an amount equal to the costs of 
        detailing personnel (including pay, allowances, and travel 
        expenses) and the fair market value of any supplies, equipment, 
        or services provided by the Secretary. The Secretary shall, for 
        the payment of expenses incurred in complying with such 
        request, expend the amounts withheld.
    ``(i) Evaluations and Reports.--
            ``(1) Evaluations.--The Secretary shall, directly or 
        through contracts with public or private entities, provide for 
        evaluations of programs carried out pursuant to subsection (a).
            ``(2) Reports.--Not later than January 31 of 1995 and of 
        every second year thereafter, the Secretary shall submit to the 
        Committee on Energy and Commerce of the House of 
        Representatives, and to the Committee on Labor and Human 
        Resources of the Senate, a report summarizing evaluations 
        carried out pursuant to paragraph (1). The Secretary shall 
        provide a copy of each such report to the National Council on 
        Disability.
    ``(j) Definitions.--For purposes of this section:
            ``(1) The term `financial assistance' means a grant or 
        contract.
            ``(2) The term `prevention' means activities that address 
        the causes of disabilities and secondary conditions resulting 
        from disabilities, and activities that address the functional 
        limitations involved and the exacerbation of such limitations, 
        including activities that--
                    ``(A) eliminate or reduce the factors that cause or 
                predispose an individual to disabilities or that 
                increase the prevalence of disabilities;
                    ``(B) increase the early identification of existing 
                problems to eliminate circumstances that create or 
                increase functional limitations; and
                    ``(C) mitigate against the effects of disabilities 
                throughout the life of the individual.
    ``(k) Authorization of Appropriations.--For the purpose of 
providing financial assistance under this section, there are authorized 
to be appropriated $15,000,000 for fiscal year 1994, $20,000,000 for 
fiscal year 1995, $25,000,000 for fiscal year 1996, and such sums as 
may be necessary for each of the fiscal years 1997 and 1998.''.

            Passed the House of Representatives June 14, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.
Silvio O. Conte Disabilities Prevention Act - Amends the Public Health Service Act to authorize grants and contracts for the prevention of disabilities and the prevention of secondary conditions resulting from disabilities, including through demonstrations and interventions, surveillances and studies, public education, and training health professionals.  Authorizes appropriations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accountability in Deferred 
Prosecution Act of 2008''.

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.

Accountability in Deferred Prosecution Act of 2008 - Requires the Attorney General to: (1) issue public written guidelines for deferred prosecution agreements and nonprosecution agreements; (2) establish rules for the selection of independent monitors for deferred prosecution agreements; and (3) place the text of deferred prosecution agreements on the public website of the Department of Justice (DOJ). Defines "deferred prosecution agreement" as an agreement between a federal prosecutor and an organization to conditionally defer criminal prosecution of that organization. Defines "nonprosecution agreement" as an agreement between a federal prosecutor and an organization to conditionally decide not to file criminal charges against the organization.

Requires a deferred prosecution agreement to be filed in an appropriate U.S. district court. Requires such court to approve an agreement if it is consistent with the guidelines for such agreements and is in the interests of justice.