[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5141 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 5141

To direct the Director of the Bureau of Justice Statistics to establish 
 a database with respect to corporate offenses, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 29, 2022

 Mr. Durbin (for himself and Mr. Blumenthal) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To direct the Director of the Bureau of Justice Statistics to establish 
 a database with respect to corporate offenses, and for other purposes.

    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 ``Corporate Crime Database Act of 
2022''.

SEC. 2. CORPORATE CRIME DATABASE AT THE BUREAU OF JUSTICE STATISTICS.

    (a) In General.--Part C of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10131 et seq.) is amended by adding 
at the end the following:

``SEC. 305. CORPORATE CRIME DATABASE.

    ``(a) Definitions.--In this section:
            ``(1) Business entity.--The term `business entity' means a 
        corporation, association, partnership, limited liability 
        company, limited liability partnership, or other legal entity.
            ``(2) Corporate offense.--The term `corporate offense' 
        means--
                    ``(A) a violation or alleged violation of Federal 
                law committed by--
                            ``(i) a business entity; or
                            ``(ii) an individual employed by a business 
                        entity within the conduct of the individual's 
                        occupational role; and
                    ``(B) any other violation determined by the 
                Director to be a corporate offense.
            ``(3) Director.--The term `Director' means the Director of 
        the Bureau.
            ``(4) Enforcement action.--The term `enforcement action' 
        includes any concluded administrative, civil, or criminal 
        enforcement action or any declination, settlement, deferred 
        prosecution agreement, or non-prosecution agreement entered 
        into by a Federal agency to enforce a law or regulation.
            ``(5) Federal agency.--The term `Federal agency' has the 
        meaning given the term `agency' in section 551 of title 5, 
        United States Code.
    ``(b) Establishment.--Beginning not later than 1 year after the 
date of enactment of the Corporate Crime Database Act of 2022, the 
Director shall--
            ``(1) collect, aggregate, and analyze information regarding 
        enforcement actions taken with respect to corporate offenses; 
        and
            ``(2) publish on the internet website of the Bureau a 
        database of the enforcement actions described in paragraph (1).
    ``(c) Information Included.--The database established under 
subsection (b) shall include the following information on an 
enforcement action with respect to corporate offenses:
            ``(1) Each business entity or individual identified by the 
        enforcement action.
            ``(2) The employer of an individual identified under 
        paragraph (1), as determined relevant by the Director.
            ``(3) The parent company of a business entity identified 
        under paragraph (1) or the parent company of any employer 
        identified under paragraph (2), as determined relevant by the 
        Director.
            ``(4) The type of offense or alleged offense committed by 
        the business entity or individual.
            ``(5) Any relevant statute or regulation violated by the 
        business entity or individual.
            ``(6) Each Federal agency bringing the enforcement action.
            ``(7) The outcome of the enforcement action, if any, 
        including all documentation relevant to the outcome.
            ``(8) An unique identifier for each business entity, 
        individual, employer, or parent company identified by the 
        enforcement action.
            ``(9) Any additional information the Director determines 
        necessary to carry out the purposes of this section.
    ``(d) Information Collection by Director.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the Corporate Crime Database Act of 2022, the 
        Director shall establish guidance for the collection of 
        information from each Federal agency that carries out an 
        enforcement action with respect to corporate offenses, 
        including identification of each Federal agency that shall 
        submit information to the Director and the manner in which, 
        time at which, and frequency with which the information shall 
        be submitted.
            ``(2) Timing of information included.--To the extent to 
        which information is available, the database established under 
        subsection (b) shall include the information described in 
        subsection (c) on each enforcement action with respect to 
        corporate offenses taken by a Federal agency before, on, or 
        after the date of enactment of the Corporate Crime Database Act 
        of 2022.
    ``(e) Publication Details.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Corporate Crime Database Act of 2022, the 
        Director shall publish on the internet website of the Bureau 
        the database established under subsection (b) in a format that 
        is searchable, downloadable, and accessible to the public.
            ``(2) Update of information.--The Director shall update the 
        information included in the database established under 
        subsection (b) each time the information is collected under 
        subsection (d).
    ``(f) Report Required.--Not later than 1 year after the publication 
of the database established under subsection (b), and annually 
thereafter, the Director shall submit to Congress a report including--
            ``(1) a description of the data collected and analyzed 
        under this section related to corporate offenses, including an 
        analysis of recidivism, offenses and alleged offenses, and 
        enforcement actions;
            ``(2) an estimate of the impact of corporate offenses on 
        victims and the public; and
            ``(3) recommendations, developed in consultation with the 
        Attorney General, for legislative or administrative actions to 
        improve the ability of Federal agencies to monitor, respond to, 
        and deter instances of corporate offenses.''.
    (b) Chief Data Officer Council.--Section 3520A(b) of title 44, 
United States Code, is amended--
            (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (5), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) identify ways in which a Federal agency (as defined 
        in section 305 of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968) that carries out an enforcement action (as 
        defined in that section) with respect to a corporate offense 
        (as defined in that section) can improve the collection, 
        digitalization, tabulation, sharing, and publishing of 
        information under that section, and the standardization of 
        those processes, in order to carry out that section.''.
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