Text: S.1010 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in Senate (04/03/2019)


116th CONGRESS
1st Session
S. 1010


To amend title 18, United States Code, to establish criminal liability for negligent executive officers of major corporations, and for other purposes.


IN THE SENATE OF THE UNITED STATES

April 3, 2019

Ms. Warren introduced the following bill; which was read twice and referred to the Committee on the Judiciary


A BILL

To amend title 18, United States Code, to establish criminal liability for negligent executive officers of major corporations, 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 Executive Accountability Act”.

SEC. 2. Criminal liability.

(a) In general.—Part I of title 18, United States Code, is amended by inserting after chapter 23 the following:

“CHAPTER 24CORPORATIONS


“Sec.

“451. Negligence of executive officers.

§ 451. Negligence of executive officers

“(a) Definitions.—In this section—

“(1) the term ‘covered corporation’ means a corporation that generates more than $1,000,000,000 in revenue on an annual basis; and

“(2) the term ‘executive officer’ includes any individual who—

“(A) is described in section 240.3b–7 of title 17, Code of Federal Regulations, or any successor regulation thereto; and

“(B) by reason of the position of the individual in the corporation, has the responsibility and authority to take necessary measures to prevent or remedy violations.

“(b) Criminal liability.—

“(1) IN GENERAL.—It shall be unlawful for an executive officer of a covered corporation to negligently permit or fail to prevent a violation of law described in paragraph (2).

“(2) VIOLATIONS DESCRIBED.—A violation of law described in this paragraph is—

“(A) any criminal violation of Federal or State law for which the covered corporation was convicted or entered into a deferred or non-prosecution agreement;

“(B) any civil violation of Federal or State law—

“(i) for which the covered corporation was found liable or entered into a settlement agreement with any State or Federal agency; and

“(ii) that affects the health, safety, finances, or personal data of—

“(I) not less than 1 percent of the population of the United States; or

“(II) not less than 1 percent of the population of a State; or

“(C) any criminal or civil violation of Federal or State law, for which the covered corporation was convicted or found liable, as the case may be, that was committed while the covered corporation was operating under a civil or criminal judgment of any court, a deferred prosecution or non-prosecution agreement, or settlement with any State or Federal agency relating to a different criminal or civil violation.

“(c) Penalty.—Any executive officer who violates subsection (b) shall—

“(1) for a first offense, be fined in accordance with this title, imprisoned for not more than 1 year, or both; and

“(2) for a second or subsequent offense, be fined in accordance with this title, imprisoned for not more than 3 years, or both.”.

(b) Technical and conforming amendment.—The table of chapters in part I of title 18, United States Code, is amended by inserting after the item relating to chapter 23 the following:

“24. Corporations ....................................................................................
451”.