[Congressional Record Volume 168, Number 183 (Tuesday, November 29, 2022)]
[Senate]
[Page S6861]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Blumenthal):
  S. 5141. 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; to the Committee on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 5141

       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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