Sec. 201. Executive accountability for operators of dominant platforms

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Part I of title 18, United States Code, is amended by inserting after chapter 27 the following: Sec. 571. Negligence of executive officers. In this section— the term executive officer , with respect to a corporation, means an individual who— is described in section 240.3b–7 of title 17, Code of Federal Regulations, or any successor thereto; and 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 of law; and the terms dominant platform and operator have the meanings given those terms in section 2002 of the Clayton Act.

It shall be unlawful for an executive officer of a corporation that is an operator of a dominant platform to negligently permit or fail to prevent a violation of law described in paragraph (2). A violation of law described in this paragraph is— a criminal violation of Federal or State law for which the operator of a dominant platform is convicted or enters into a deferred prosecution or non-prosecution agreement; a civil violation of Federal or State law— for which the operator of a dominant platform is found liable or enters into a settlement agreement with any Federal or State agency; and that affects the health, safety, finances, or personal data of— not less than 1 percent of the population of the United States; or not less than 1 percent of the population of a State; or a criminal or civil violation of Federal or State law— for which the operator of a dominant platform is convicted or found liable, as the case may be; and if, during the 5-year period preceding the commission of the violation— a court entered a criminal or civil judgment against the operator of the dominant platform relating to a different violation; the operator of the dominant platform entered into a deferred prosecution agreement or non-prosecution agreement relating to a different violation; or the operator of the dominant platform entered into a settlement with a Federal or State agency relating to a different violation.

Any executive officer who violates subsection

(b)shall— for a first offense, be fined under this title, imprisoned for not more than 1 year, or both; and for a second or subsequent offense, be fined under this title, imprisoned for not more than 3 years, or both. . The tables of chapters in part I of title 18, United States Code, is amended by inserting after the item relating to chapter 27 the following: 28. Dominant platforms 571 .