HouseH.R. 8860119th Congress
Corporate Prosecution Reform Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8860 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8860
To amend title 18, United States Code, to enhance prosecution of
corporate crime.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2026
Ms. Scanlon (for herself, Ms. Norton, Ms. Ross, Ms. Tlaib, Mr. Johnson
of Georgia, Mr. Evans of Pennsylvania, Mr. Deluzio, and Ms. Dean of
Pennsylvania) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to enhance prosecution of
corporate crime.
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 Prosecution Reform Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the prosecution of corporate crimes should be conducted
with the same rigor and commitment as the prosecution of
individual crimes;
(2) deferred prosecution agreements and non-prosecution
agreements should only be used when they serve the public
interest and are likely to result in meaningful reforms; and
(3) the penalties and terms imposed by deferred prosecution
agreements and non-prosecution agreements should be sufficient
to hold the defendant accountable for misconduct, compensate
victims, prevent corporate recidivism, and deter future
corporate offenses.
SEC. 3. DEFERRED PROSECUTION AGREEMENTS.
(a) Definitions.--Section 3172 of title 18, United States Code, is
amended--
(1) in paragraph (1), by striking ``, and'' at the end and
inserting at semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3) the term `business entity' means a corporation,
association, partnership, limited liability company, limited
liability partnership, or other legal commercial entity; and
``(4) 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 or alleged violation of
Federal law determined by the Attorney General to be a
corporate offense.''.
(b) Periods of Delay.--Section 3161(h)(2) of title 18, United
States Code, is amended--
(1) by striking ``Any period of'' and inserting ``(A) Any
period of'';
(2) by inserting `` of an offense that is not a corporate
offense'' after ``prosecution''; and
(3) by adding at the end the following:
``(B)(i) Any period of delay during which
prosecution of a corporate offense is deferred by the
attorney for the Government pursuant to written
agreement with the defendant, with the approval of the
court of the terms of such agreement, for the purpose
of allowing the defendant to demonstrate his good
conduct.
``(ii) In making the determination under
clause (i), the court may not approve an
agreement--
``(I) in the case of an offense
resulting in--
``(aa) loss of life; or
``(bb) serious bodily
injury (as such term is defined
in section 1365);
``(II) in the case of an offense
relating to treason, espionage,
terrorism, money laundering, slavery,
forced labor, or human trafficking; or
``(III) if the defendant has
previously--
``(aa) been convicted of a
similar corporate offense;
``(bb) entered into an
agreement under this
subparagraph related to a
similar corporate offense (as
well as any agreement under
section 3161(h)(2), as in
effect on the day before the
date of enactment of the
Corporate Prosecution Reform
Act, related to a similar
corporate offense); or
``(cc) entered into an
agreement described in section
3784(b)(2) related to a similar
corporate offense.
``(iii) In making the determination under
clause (i), the court may not approve an
agreement unless the court determines that--
``(I) the agreement is in the
public interest;
``(II) the terms and penalties
under the agreement are sufficient to
hold the defendant accountable for
misconduct, compensate each victim,
prevent unlawful behavior by the
defendant, and deter similar corporate
offenses; and
``(III) each victim of an offense
alleged in the agreement has been
afforded the rights described in
section 3771, and has been afforded the
right to--
``(aa) confer with the
attorney for the Government no
less than 15 days before such
agreement is offered to the
defendant; and
``(bb) be heard by the
court or provide the court with
written testimony, prior to the
court making a determination
under clause (i).
``(iv) Any period of delay during which the
court is making the determination under clause
(i) shall be included in the period of delay
described in such clause.
``(v) In the case of an agreement that the
court approved under clause (i), the court may
not approve a proposed change to such agreement
unless the court determines that the change
meets the requirements under clause (iii). If
the court determines that the change does not
meet such requirements, the terms and penalties
of the approved agreement shall remain in
effect.
``(vi) The court may--
``(I) on its own, or on motion of
any party, review the implementation or
termination of the agreement, and take
any appropriate action to assure that
the implementation or termination is in
the public interest; and
``(II) order a party or an
independent monitor to file evidence
with the court to aid the court in
making the determination under clause
(i).''.
SEC. 4. ENFORCEMENT OF CORPORATE AND WHITE-COLLAR CRIME.
(a) In General.--Part II of title 18, United States Code, is
amended by adding at the end the following:
``CHAPTER 239--CORPORATE AND WHITE-COLLAR CRIME
``3781. Prosecution of corporate crimes.
``3782. Office of Corporate Enforcement.
``3783. Functions and duties of the Director of the Office of Corporate
Enforcement.
``3784. Transparency in corporate enforcement.
``3785. Prohibition of non-prosecution agreements.
``3786. Report to Congress.
``3787. Definitions.
``Sec. 3781. Prosecution of corporate crimes
``(a) Establishment of Guidance.--The Attorney General shall
establish guidance, and as necessary revise the internal policies and
procedures of the Department of Justice, for the use of--
``(1) an agreement described in section 3161(h)(2)(B);
``(2) an agreement described in section 3784(b)(2) related
to an alleged corporate offense; or
``(3) an agreement related to any voluntary disclosure
policy of the Department of Justice involving an alleged
corporate offense.
``(b) Description.--The guidance established under subsection (a)
shall--
``(1) improve the use of, and compliance with, the
agreements described in such subsection;
``(2) standardize the enforcement of and compliance with,
such agreements;
``(3) to the extent practicable, maintain parity between
the use of, and terms and penalties included in, such
agreements with respect to substantively similar corporate
offenses; and
``(4) ensure that such agreements--
``(A) achieve substantial justice, including for
victims and the public;
``(B) prevent corporate recidivism; and
``(C) deter future corporate offenses;
``(c) Publication.--The Attorney General shall publish the guidance
described in paragraph (1) on the website of the Department of Justice.
``Sec. 3782. Office of Corporate Enforcement
``(a) In General.--There is hereby established within the
Department of Justice, under the general authority of the Attorney
General, an Office of Corporate Enforcement (in this chapter referred
to as the `Office').
``(b) Separate Office.--The Office shall be a separate and distinct
office within the Department of Justice, not subsumed by any other
office, headed by a Director, who shall report to the Deputy Attorney
General.
``(c) Appointment.--The Attorney General shall appoint the
Director.
``(d) Staff.--The Attorney General is authorized to provide the
Office of Corporate Enforcement with such full-time professional and
clerical staff and with the services of such consultants as may be
necessary for it to carry out its duties and functions.
``Sec. 3783. Functions and duties of the Director of the Office of
Corporate Enforcement
``(a) Monitoring.--The Director shall monitor the implementation of
and compliance with each agreement that is approved pursuant to section
3161(h)(2)(B) or described in section 3784(b)(2).
``(b) Reporting Violations.--If the Director determines that any
individual or business entity subject to an agreement under section
3161(h)(2)(B) or described in section 3784(b)(2) has violated the terms
of that agreement, the Director shall report such violation to the
Deputy Attorney General.
``Sec. 3784. Transparency in corporate enforcement
``(a) Deferred Prosecution Agreements.--
``(1) In general.--Not later than 30 days after the court
approves an agreement under section 3161(h)(2)(B), the Attorney
General shall make available on the public website of the
Department of Justice--
``(A) the text of the agreement;
``(B) the defendant;
``(C) any offense or alleged offense identified by
the agreement;
``(D) the terms of the agreement, including any
fines or penalties;
``(E) all the terms and conditions of any agreement
or understanding between--
``(i) an independent monitor appointed
pursuant to the agreement; and
``(ii) the defendant or the Department of
Justice; and
``(F) any reference to--
``(i) any other such agreement approved
between the United States and the individual or
business entity, including such an agreement
that is no longer in effect as of the date of
publication;
``(ii) any agreement described in
subsection (b)(2), including such an agreement
that is not in effect as of the date of
publication; and
``(iii) any prior conviction of the
individual or business entity for a similar
Federal offense.
``(2) Agreements in effect and prior agreements.--The
Attorney General shall make available on the public website of
the Department of Justice the information described in
paragraph (1)--
``(A) not later than one year after the date of
enactment of this Act, for each agreement approved
under subparagraph (B) of section 3161(h)(2) (as well
as any agreement under section 3161(h)(2), as in effect
on the day before the date of enactment of the
Corporate Prosecution Reform Act, related to any
corporate offense) that is in effect on the date of
enactment; and
``(B) not later than 3 years after the date of
enactment of this Act, for each agreement described in
subparagraph (A) that was in effect during the period
beginning on January 1, 1993, and ending on the date of
enactment of this Act.
``(b) Non-Prosecution Agreements.--
``(1) Publication.--Not later than 30 days after an
agreement described in paragraph (2) is finalized, the Attorney
General shall make available on the public website of the
Department of Justice--
``(A) the text of the agreement;
``(B) the identified individual or business entity;
``(C) any offense or alleged offense identified by
the agreement;
``(D) the terms of the agreement, including any
fines or penalties; and
``(E) a reference to--
``(i) any other agreement described in
paragraph (2) between the United States and the
individual or business entity, including such
an agreement that is no longer in effect as of
the date of publication;
``(ii) any agreement approved under
subparagraph (B) of section 3161(h)(2) (as well
as any agreement under section 3161(h)(2), as
in effect on the day before the date of
enactment of the Corporate Prosecution Reform
Act, related to any corporate offense) between
the United States and the individual or
business entity, including such an agreement
that is no longer in effect as of the date of
publication; and
``(iii) any prior conviction of the
individual or business entity for a similar
Federal offense.
``(2) Agreement described.--An agreement described in this
paragraph is a written agreement--
``(A) in which the United States agrees to--
``(i) stop, pause, defer, or resolve an
investigation or prosecution of a corporate
offense; or
``(ii) decline to or otherwise not
prosecute a corporate offense; and
``(B) that is not an agreement described in section
3161(h)(2)(B).
``(3) Agreements in effect and prior agreements.--The
Attorney General shall make available on the public website of
the Department of Justice the information described in
paragraph (1)--
``(A) not later than one year after the date of
enactment of this Act, for each agreement described in
paragraph (2) that is in effect on the date of
enactment; and
``(B) not later than 3 years after the date of
enactment of this Act, for each agreement described in
paragraph (2) that was in effect during the period
beginning on January 1, 1993, and ending on the date of
enactment of this Act.
``Sec. 3785. Prohibition of non-prosecution agreements
``(a) In General.--Except in the case of an agreement under section
3162(h)(2) that is approved by an appropriate district court of the
United States in accordance with such section, the Government may not
enter into any agreement with a business entity or an individual in
which the Government agrees to decline prosecution of, or otherwise not
prosecute, a corporate offense, in exchange for payment of a fine,
penalty, or other monetary consideration.
``(b) Void.--Any agreement entered into in violation of this
section shall be void and unenforceable.
``(c) Rule of Construction.--Nothing in this section shall be
construed to--
``(1) prevent the Government from issuing advisory
opinions, entering into immunity agreements, entering into
civil consent decrees filed in a court, or entering plea
bargaining agreements governed by Rule 11 of the Federal Rule
of Criminal Procedure; or
``(2) affect any agreement that is in effect on the date of
enactment of this section.
``Sec. 3786. Report to Congress
``Not later than 1 year after the date of enactment of the
Corporate Prosecution Reform Act, and annually thereafter, the Attorney
General shall submit to the Committees on the Judiciary of the House of
Representatives and of the Senate a report that includes--
``(1) each agreement entered into under section
3161(h)(2)(B) or described in section 3784(b)(2) during the
preceding year;
``(2) any instance of non-compliance by a defendant with an
agreement entered into under section 3161(h)(2)(B) or described
in section 3784(b)(2) during the preceding year;
``(3) a list of each agreement under section 3161(h)(2)(B)
(as well as any agreement under section 3161(h)(2), as in
effect on the day before the date of enactment of the Corporate
Prosecution Reform Act, related to any corporate offense) or
described in section 3784(b)(2) that is still in effect as of
the date of the report;
``(4) any changes to an agreement described in paragraph
(3), including any extensions to the term of such an agreement;
and
``(5) a list of each agreement under section 3161(h)(2)(B)
(as well as any agreement under section 3161(h)(2), as in
effect on the day before the date of enactment of the Corporate
Prosecution Reform Act, related to any corporate offense) or
described in section 3784(b)(2) that was terminated during the
preceding year, including a description of the defendant's
compliance with terms of the agreement.
``Sec. 3787. Definitions
``In this chapter, the terms have the meanings given such terms in
section 3172.''.
(b) Table of Chapters Amendment.--The table of chapters for part II
of title 18, United States Code, is amended by adding at the end the
following:
``239. Corporate and White-Collar Crime..................... 3781''.
SEC. 5. REFERENCES TO WHITE COLLAR CRIME.
Part MM of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10721 et seq.), is amended--
(1) in the part heading, by striking ``white collar crime''
and inserting ``cyber and financial crime''; and
(2) by striking ``white collar crime'' each place such term
appears and inserting ``cyber and financial crime''.
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