[Congressional Record Volume 169, Number 203 (Monday, December 11, 2023)]
[Senate]
[Pages S5898-S5899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN (for himself and Mr. Blumenthal):
S. 3460. 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. Madam 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. 3460
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 2023''.
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
2023, 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).
[[Page S5899]]
``(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 2023, 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) Cooperation by federal agencies.--Each Federal agency
identified in the guidance established under paragraph (1)
shall submit to the Director the information specified by the
Director, in accordance with that guidance.
``(3) 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 2023.
``(e) Publication Details.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Corporate Crime Database Act of 2023, 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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