Tommy Tuberville
Senator for Alabama · Republican · United States
“(e) Report on Certain Drivers of Deforestation and Environmental Degradation in the Brazilian Amazon.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with relevant Federal agencies, shall submit a report to Congress regarding certain drivers of deforestation and environmental d…”
“(e) Report on Certain Drivers of Deforestation and Environmental Degradation in the Brazilian Amazon.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with relevant Federal agencies, shall submit a report to Congress regarding certain drivers of deforestation and environmental d…”
“(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, the Secretary of the Treasury, and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a comprehensive strategy, with a classif…”
“(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, the Secretary of the Treasury, and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a comprehensive strategy, with a classif…”
“``(ii) In a civil action brought under section 2255 or 2255A, for purposes of paragraph (1), the court may-- ``(I) order the plaintiff or defendant to provide to the court or the Government, as applicable, any equipment necessary to maintain care, custody, and control of such property or material; and ``(II) take reasonable measures, and…”
“``(ii) In a civil action brought under section 2255 or 2255A, for purposes of paragraph (1), the court may-- ``(I) order the plaintiff or defendant to provide to the court or the Government, as applicable, any equipment necessary to maintain care, custody, and control of such property or material; and ``(II) take reasonable measures, and…”
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“Biological intelligence activities of the intelligence community. Sec. 611. Prohibition on participation in prediction markets. Sec. 612. Repeal of certain report and briefing requirements. Sec. 613. Intelligence community personnel travel, allowances, and related expenses regulations. Sec. 614. Prohibition on sending and receiving objects using entities owned or controlled by persons or governments of certain countries. Sec. 615. Enhancing intelligence cooperation in the Indo-Pacific region. Sec. 616. Intelligence activities related to Ukraine. Sec. 617. Requirements relating to intelligence sharing with countries and partners of significant importance to the United States. Sec. 618. United States-Israel intelligence sharing enhancement. TITLE VII--ARTIFICIAL INTELLIGENCE MATTERS RELATING TO THE INTELLIGENCE COMMUNITY Sec. 701.”
“Amendments to presidential appointments for intelligence community positions. Sec. 602. Analytic standards for all-source intelligence products. Sec. 603. Ben Sasse Intelligence Community Technology Fellowship Program. Sec. 604. Countering hostile foreign cyber actors as a national intelligence priority. Sec. 605. Notification of criminal referrals regarding current or former intelligence community employees. Sec. 606. Modification of definitions in National Security Act of 1947 and scope of intelligence sharing responsibilities of Director of National Intelligence. Sec. 607. Prohibition on intelligence community use of adversary unmanned ground vehicles. Sec. 608. China-Taiwan Strategic Warning Task Force. Sec. 609. Limitations relating to Chinese products and services. Sec. 610.”
“No police, subpoena, or law enforcement powers or internal security functions for Director of National Intelligence. TITLE IV--MATTERS RELATING TO THE CENTRAL INTELLIGENCE AGENCY Sec. 401. Modification relating to security personnel at certain installations. TITLE V--MATTERS RELATING TO OTHER ELEMENTS OF THE INTELLIGENCE COMMUNITY Sec. 501. Authority of National Security Agency to correlate, evaluate, and disseminate certain intelligence. Sec. 502. Funds for foreign intelligence activities conducted with and by the National Reconnaissance Office. Sec. 503. Modification of annual report on Federal Bureau of Investigation case data. Sec. 504. Establishment of Office of Counterintelligence. Sec. 505. Role of National Security Agency in collection and analysis of signals intelligence. TITLE VI--GENERAL INTELLIGENCE COMMUNITY MATTERS Sec. 601.”
“103. Intelligence Community Management Account. Sec. 104. Increase in employee compensation and benefits authorized by law. TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Sec. 201. Authorization of appropriations. TITLE III--MATTERS RELATING TO THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE Sec. 301. Appointment of Deputy Director of National Intelligence and Assistant Directors of National Intelligence. [[Page S4028]] Sec. 302. Repeal of National Intelligence Management Council. Sec. 303. Repeal of various positions, units, centers, councils, and offices. Sec. 304. Limitation on domestic activities at the National Counterterrorism Center. Sec. 305. Timely provision of security direction to intelligence community whistleblowers. Sec. 306.”
“(b) Elements.--The report submitted under subsection (a) shall include-- (1) for each location included in the report, a comprehensive cost estimate of the necessary repairs for such location; and (2) a list of the critical munitions (by type), including the number of such munitions, expended during the conflict with the Islamic Republic of Iran. DIVISION F--INTELLIGENCE AUTHORIZATION SEC. 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This division may be cited as the ``Intelligence Authorization Act for Fiscal Year 2027''. (b) Table of Contents.--The table of contents for this division is as follows: DIVISION __--INTELLIGENCE AUTHORIZATION Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--INTELLIGENCE ACTIVITIES Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec.”
“TITLE LXXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS Subtitle D--Other Matters SEC. 7801. REPORT ON MILITARY INSTALLATIONS AND OTHER LOCATIONS IMPACTED BY CONFLICT WITH ISLAMIC REPUBLIC OF IRAN. (a) In General.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on military installations, forward operating bases, and cooperative security locations damaged or impacted during the conflict with the Islamic Republic of Iran.”
“(b) Defining ``Covered Individual'' for Purposes of Background Checks Under the National Child Protection Act of 1993.--Section 5(9)(B) of the National Child Protection Act of 1993 (34 U.S.C. 40104(9)(B)) is amended-- (1) in clause (i)-- (A) by inserting ``, contracts with,'' after ``is employed by''; (B) by inserting ``, contract with,'' after ``be employed by''; and (C) by striking ``or'' at the end; (2) by redesignating clause (ii) as clause (iii); (3) by inserting after clause (i) the following: ``(ii) is employed by or volunteers with, or seeks to be employed by or volunteer with, an entity that is under contract with a qualified entity;''; (4) in clause (iii), as so redesignated, by adding ``or'' at the end; and (5) by adding at the end the following: ``(iv) is licensed or certified, or seeks to be licensed or certified, by a qualified entity;''.”
“(3) Development.--In developing the report required under paragraph (2), the Attorney General shall consult relevant stakeholders, including-- (A) Federal, State, Tribal, territorial, and local agencies employing public safety officers and public safety telecommunicators; and (B) nongovernmental organizations, international organizations, academies, or other entities, including organizations that support the interests of public safety officers, public safety telecommunicators, and family members of public safety officers and public safety telecommunicators. SEC. 6814. COMPREHENSIVE HEALTH AND INTEGRITY IN LICENSING AND DOCUMENTATION (CHILD) ACT. (a) Short Title.--This Act may be cited as the ``Comprehensive Health and Integrity in Licensing and Documentation Act of 2026'' or the ``CHILD Act of 2026''.”
“(2) Report.--Not later than 150 days after the date of enactment of this Act, the Attorney General, acting through the Director of the Office of Community Oriented Policing Services of the Department of Justice, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on-- (A) not fewer than 1 proposed program, if the Attorney General determines it appropriate and feasible to do so, to be administered by the Department of Justice for making state-of-the-art treatments or preventative care available to public safety officers and public safety telecommunicators with regard to job-related post-traumatic stress disorder or acute stress disorder by providing public safety officers and public safety telecommunicators access to evidence-based trauma-informed care, peer support, counselor services, and family supports for the purpose of treating or preventing post-traumatic stress disorder or acute stress disorder; (B) a draft of any necessary grant conditions required to ensure that confidentiality is afforded to public safety officers on account of seeking the care or services described in subparagraph (A) under the proposed program; (C) how each proposed program described in subparagraph (A) could be most efficiently administered throughout the United States at the State, Tribal, territorial, and local levels, taking into account in-person and telehealth capabilities; (D) a draft of legislative language necessary to authorize each proposed program described in subparagraph (A) ; and (E) an estimate of the amount of annual appropriations necessary for administering each proposed program described in subparagraph (A) .”
“(B) Public safety telecommunicator.--The term ``public safety telecommunicator'' means an individual who-- (i) operates telephone, radio, or other communication systems to receive and communicate requests for emergency assistance at 911 public safety answering points and emergency operations centers; (ii) takes information from the public and other sources relating to crimes, threats, disturbances, acts of terrorism, fires, medical emergencies, and other public safety matters; and (iii) coordinates and provides information to law enforcement and emergency response personnel.”
“(9) The LEMHWA report recommended methods for establishing remote access or regional mental health check programs at the State or Federal level. (10) Individual police and fire departments generally do not have the resources to employ full-time mental health experts who are able to treat public safety officers with state-of-the-art techniques for the purpose of treating job- related post-traumatic stress disorder and acute stress disorder. (c) Programming for Post-traumatic Stress Disorder.-- (1) Definitions.--In this section: (A) Public safety officer.--The term ``public safety officer''-- (i) has the meaning given the term in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284); and (ii) includes Tribal public safety officers.”
“(5) Victims of post-traumatic stress disorder and acute stress disorder are at a higher risk of dying by suicide. (6) Firefighters have been reported to have higher suicide attempt and ideation rates than the general population. (7) It is estimated that between 125 and 300 police officers die by suicide every year. (8) In 2019, pursuant to section 2(b) of the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115-113; 131 Stat. 2276), the Director of the Office of Community Oriented Policing Services of the Department of Justice developed a report (referred to in this section as the ``LEMHWA report'') that expressed that many law enforcement agencies do not have the capacity or local access to the mental health professionals necessary for treating their law enforcement officers.”
“(b) Findings.--Congress finds the following: (1) Public safety officers serve their communities with bravery and distinction in order to keep their communities safe. (2) Public safety officers, including police officers, firefighters, emergency medical technicians, and 911 dispatchers, are on the front lines of dealing with situations that are stressful, graphic, harrowing, and life- threatening. (3) The work of public safety officers puts them at risk for developing post-traumatic stress disorder and acute stress disorder. (4) It is estimated that 30 percent of public safety officers develop behavioral health conditions at some point in their lifetimes, including depression and post-traumatic stress disorder, in comparison to 20 percent of the general population that develops such conditions.”
“(d) Report.--Not later than January 15 of the second calendar year that begins after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that contains, for the previous calendar year, the number of cases in the National Missing and Unidentified Persons System for which the missing person's last known location was confirmed or was suspected to have been on Federal land or in the territorial waters of the United States. SEC. 6813. FIGHTING POST-TRAUMATIC STRESS DISORDER ACT. (a) Short Title.--This section may be cited as the ``Fighting Post-Traumatic Stress Disorder Act of 2026''.”
“(c) Data Field in the National Missing and Unidentified Persons System Related to Federal Land and Territorial Waters.--The Attorney General shall include in the National Missing and Unidentified Persons System a data field to indicate whether the last known location of the missing person was confirmed or was suspected to have been on Federal land or in the territorial waters of the United States, including any specific location details about the unit of Federal land or the area of the territorial waters of the United States that was the last known location of the missing person.”
“(3) Territorial waters of the united states.--The term ``territorial waters of the United States'' means all waters of the territorial sea of the United States, 12 nautical [[Page S4027]] miles wide, adjacent to the coast of the United States and seaward of the territorial baseline, as described in Presidential Proclamation 5928 of December 27, 1988.”
“(b) Definitions.--In this section: (1) Attorney general.--The term ``Attorney General'' means the Attorney General, acting through the Director of the National Institute of Justice. (2) Federal land.--The term ``Federal land'' means land owned by the United States that is under the administrative jurisdiction of-- (A) the Secretary of Agriculture; (B) the Secretary of the Interior (except land held in trust for the benefit of an Indian Tribe); or (C) the Secretary of Defense only with respect to land and water resources projects administered by the Corps of Engineers.”
“(2) Presidential threat protection act of 2000.--Section 6 of the Presidential Threat Protection Act of 2000 (34 U.S.C. 41503) is amended-- (A) in subsection (a)-- (i) by inserting ``and Indian Tribes, as defined in section 2 of the Tribal Warrant Fairness Act'' after ``components''; and (ii) by striking ``and local'' and inserting ``local, and Tribal''; and (B) in subsection (c), by striking ``Federal or State law'' and inserting ``Federal, State, or Tribal law''. SEC. 6812. TRACKING AND REPORTING ABSENT COMMUNITY-MEMBERS EVERYWHERE (TRACE) ACT. (a) Short Title.--This section may be cited as the ``Tracking and Reporting Absent Community-Members Everywhere Act'' or the ``TRACE Act''.”
“(b) Definition.--In this section, the term ``Indian Tribe'' means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) on the most recent list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (c) Amendments.-- (1) U.S. marshals service.--Section 566(e)(1) of title 28, United States Code, is amended-- (A) in subparagraph (B), by inserting ``including Tribal fugitive matters (on the request of an Indian Tribe, as defined in section 2 of the Tribal Warrant Fairness Act, as applicable),'' after ``matters,''; and (B) in subparagraph (D), by inserting ``Tribal,'' after ``local,''.”
“``(5) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if-- ``(A)(i) the offense involved the use of a dangerous weapon; or ``(ii) personal injury resulted; and ``(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.''. SEC. 6811. TRIBAL WARRANT FAIRNESS ACT. (a) Short Title.--This section may be cited as the ``Tribal Warrant Fairness Act''.”
“``(3) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if-- ``(A) the victim was any person designated in subsection (a)(1); and ``(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government. ``(4) The sentence of a person convicted of an offense under subsection (e) may be increased by up to 10 years if-- ``(A) the victim was any person designated in subsection (a)(2); and ``(B) such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.”
“``(2) The sentence of a person convicted of conspiring to kill or kidnap any individual designated in subsection (a) as part of a conspiracy under the elements specified in subsection (d) may be increased by up to 10 years if-- ``(A) 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and ``(B) the person convicted of conspiring to kill or kidnap an individual designated in subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government.”
“(g) Presidential and Presidential Staff Assassination, Kidnapping, and Assault.--Section 1751 of title 18, United States Code, is amended-- (1) by redesignating subsections (f) through (k) as subsections (g) through (i), respectively; and (2) by inserting after subsection (e) the following: ``(f)(1) The sentence of a person convicted of an offense under subsection (a), (b), or (c) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.”
“(f) Protection of Officers and Employees of the United States.--Section 1114 of title 18, United States Code, is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ``(b) Sentence Enhancements for Offenses Directed by or Coordinated With Foreign Governments.--The sentence of a person convicted of an offense under subsection (a) may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.''.”
“(e) Stalking.--Section 2261A of title 18, United States Code, is amended-- (1) by striking ``Whoever--'' and inserting ``(a) In General.--Except as provided in subsection (b), whoever--''; and (2) by adding at the end the following: ``(b) Enhanced Penalties for Offenses Involving Foreign Governments.--The sentence of a person convicted of an offense under paragraph (1) or (2) of subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government-- ``(1) may be increased by up to 5 years if-- ``(A) serious bodily injury (including permanent disfigurement or life threatening bodily injury) to the victim results; ``(B) the offender uses a dangerous weapon during the offense; or ``(C) the victim of the offense is under the age of 18 years; ``(2) may be increased by up to 10 years if death of the victim results; and ``(3) may be increased by up to 30 months in any other case.''.”
“(d) Influencing, Impeding, or Retaliating Against a Federal Official by Threatening or Injuring a Family Member.--Section 115(b) of title 18, United States Code, is amended by adding at the end the following: ``(5) The sentence of a person convicted of an offense under subsection (a), if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government-- ``(A) may be increased by up to 5 years if the offense committed was an assault involving physical contact with the victim of that assault or the intent to commit another felony; ``(B) may be increased by up to 10 years if-- ``(i) the offense committed was an assault resulting in bodily injury (including serious bodily injury (as that term is defined in section 1365 of this title)); ``(ii) the offense involved any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title; or ``(iii) a dangerous weapon was used during and in relation to the offense; and ``(C) may be increased by up to 10 years if the offense committed was a murder, attempted murder, or conspiracy to murder.''.”
“(2) Technical and conforming amendments.-- (A) Section 2332b(g)(2) of title 18, United States Code, is amended by striking ``section 1958(b)(2)'' and inserting ``section 1958''. (B) Section 1010A(d) of the Controlled Substances Import and Export Act (21 U.S.C. 960a(d)) is amended by striking ``section 1958(b)(1)'' and inserting ``section 1958''.”
“(c) Use of Interstate Commerce Facilities in the Commission of Murder-for-hire.-- (1) In general.--Section 1958 of title 18, United States Code, is amended-- (A) by redesignating subsection (b) as subsection (c); (B) by inserting after subsection (a) the following: ``(b) Sentence Enhancements for Offenses Directed by or Coordinated With Foreign Governments.--The sentence of a person convicted of an offense under subsection (a)-- ``(1) may be increased by up to 5 years, if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and ``(2) may be increased by up to 10 years-- ``(A) if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government; and ``(B) personal injury results.''; and (C) in subsection (c), as so redesignated, by inserting ``Definitions.--'' before ``As used in this section''.”
“``(3) Attempt.--The sentence of a person convicted of an attempt to violate subsection (a) may be increased by up to 5 years if such attempt was knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.''; and (3) in subsection (i), as so designated, by inserting ``Definition.--'' before ``As used in this section''.”
“``(2) Conspiracy.--The sentence of a person convicted of conspiring to commit a violation of subsection (a) as part of a conspiracy under the elements specified in subsection (c) may be increased by up to 10 years if-- ``(A) 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government; and ``(B) the person convicted of conspiring to commit a violation of subsection (a) knew that 1 or more of the persons involved in such conspiracy were knowingly acting in coordination with a foreign government or an agent of a foreign government.”
“(b) Kidnapping.--Section 1201 of title 18, United States Code, is amended-- (1) by redesignating subsection (h) as subsection (i); (2) by inserting after subsection (g) the following: ``(h) Sentence Enhancements for Offenses Directed by or Coordinated With Foreign Governments.-- ``(1) In general.--The sentence of a person convicted of an offense under subsection (a) [[Page S4026]] may be increased by up to 10 years if such offense was committed knowingly at the direction of or in coordination with a foreign government or an agent of a foreign government.”
“DETERRING EXTERNAL THREATS AND ENSURING ROBUST RESPONSES TO EGREGIOUS AND NEFARIOUS CRIMINAL ENDEAVORS (DETERRENCE) ACT. (a) Short Title.--This section may be cited as the ``Deterring External Threats and Ensuring Robust Responses to Egregious and Nefarious Criminal Endeavors Act'' or the ``DETERRENCE Act''.”
“(2) No enforcement actions.--No person may enforce or attempt to enforce a nondisclosure clause described in subsection (d)(1), regardless of the date on which the contract or agreement containing the nondisclosure clause was entered into. (3) Preemption.-- (A) In general.--This section supersedes any State law to the extent that such law permits enforcement of a provision, the enforcement of which is prohibited under this section. (B) Rule of construction.--Nothing in this section shall be construed to prohibit a State or locality from enacting legislation that-- (i) is consistent with this section; or (ii) provides greater protection to a victim of sexual abuse against a minor person than is provided under this section. SEC. 6810.”
“(2) Permissible confidentiality.--Nothing in this section shall be construed to prohibit a person, including a victim or alleged victim of sexual abuse against a minor person, from entering into a contract or agreement that restricts the disclosure of information, including the amount or payment terms of a settlement, by another party to the contract or agreement, including an alleged perpetrator, so long as such restriction does not prevent disclosure protected under paragraph (1). (e) Retroactive Application.-- (1) In general.--This section shall apply to any nondisclosure clause in a contract or agreement entered into before, on, or after the date of enactment of this Act.”
“(d) Nondisclosure Agreements Void and Unenforceable.-- (1) In general.--A nondisclosure clause shall be void and unenforceable as against public policy only to the extent that the nondisclosure clause prohibits-- (A) a victim or alleged victim of sexual abuse against a minor person from disclosing-- (i) that act of sexual abuse against a minor person; or (ii) facts related to that act of sexual abuse against a minor person; or (B) any other person from disclosing facts related to sexual abuse against a minor person described in subparagraph (A) in support of, in furtherance of, or consistent with the right of a victim or alleged victim to disclose under that subparagraph.”
“(3) Sexual abuse against a minor person.--The term ``sexual abuse against a minor person'' means-- (A) conduct that constitutes or allegedly constitutes-- (i) an offense under chapter 110 of title 18, United States Code; or (ii) sex trafficking of a minor person under section 1591 of title 18, United States Code; or (B) any sexual act or sexual contact involving a minor person that constitutes a criminal offense under Federal law or the law of the State in which the act or contact occurs.”
“(c) Definitions.--In this section: (1) Minor person.--The term ``minor person'' means an individual who has not attained 18 years of age. (2) Nondisclosure clause.--The term ``nondisclosure clause'' means a provision in a contract or agreement that prohibits 1 or more parties to the contract or agreement from disclosing conduct or information covered by the terms and conditions of the contract or agreement.”
“(2) Purpose.--The purpose of this section is-- (A) to enforce the guarantees of the 14th Amendment to the Constitution of the United States, including the right to petition the government for redress of grievances and the right of access to courts, by preventing State courts and other governmental authorities from enforcing nondisclosure or confidentiality provisions that suppress disclosure of sexual abuse of minors; (B) to ensure, pursuant to the authority of Congress under article I of the Constitution of the United States, including the Necessary and Proper Clause, that private agreements are not used to obstruct the investigation or prosecution of Federal crimes involving the sexual abuse or trafficking of minors; (C) to preserve access to courts and the right to petition the government for redress of grievances; and (D) to ensure that survivors of sexual abuse of minors, and persons with knowledge of such abuse, may disclose such abuse freely and without fear of civil liability.”
“(v) At the time of the founding of the United States, private agreements purporting to suppress prosecution, conceal felonies, or restrain the reporting of crimes were not recognized as valid or enforceable contracts, and no party possessed a vested right in their judicial enforcement. (vi) Congress has authority under section 5 of the 14th Amendment to the Constitution of the United States to enact appropriate remedial and preventive legislation to prevent and remedy constitutional violations arising from State judicial enforcement of private agreements that suppress disclosure of criminal conduct involving minors.”
“(iii) Judicial enforcement of such provisions may deprive survivors of due process of law, equal protection of the laws, and meaningful access to courts, including rights derived from the First Amendment to the Constitution of the United States and incorporated against the States, in violation of the 14th Amendment. (iv) Agreements that obstruct justice, suppress the reporting of crimes, or conceal criminal conduct have long been regarded at common law, including at the time of the founding of the United States, as void and unenforceable as against public policy, and fall outside the traditional scope of protected contractual liberty.”
“(C) State action and section 5 of the 14th amendment.-- Congress further finds the following: (i) Survivors of child sexual abuse possess fundamental constitutional interests, secured by provisions of the Bill of Rights as incorporated against the States through the 14th Amendment to the Constitution of the United States, in reporting crimes, seeking redress through the courts, cooperating with law enforcement, and petitioning the government for protection and enforcement. (ii) When State courts or other governmental authorities enforce nondisclosure or confidentiality provisions that prohibit or restrict disclosure of sexual abuse of a minor, such enforcement constitutes State action for purposes of the 14th Amendment to the Constitution of the United States.”
“(iii) Such agreements frustrate the investigation and prosecution of Federal crimes, chill cooperation with law enforcement, and function as private mechanisms to obstruct justice. (iv) Congress has authority under clause 18 of section 8 of article I of the Constitution of the United States (commonly known as the ``Necessary and Proper Clause'') to ensure that private agreements are not used to impede the enforcement of Federal criminal and civil law protecting minors from sexual exploitation and abuse.”
“(iii) The enforcement of such provisions interferes with reporting to law enforcement agencies, child protection authorities, Federal regulators, Members of Congress, and the courts, and frustrates the enforcement of Federal criminal and civil law. (B) Necessary and proper clause and enforcement of federal criminal law.--Congress further finds the following: (i) Sexual abuse and trafficking of minors are prohibited under Federal criminal law, including chapter 110 of title 18, United States Code, and section 1591 of title 18, United States Code. (ii) Nondisclosure and confidentiality agreements that prohibit or restrict disclosure of sexual abuse of a minor interfere with reporting to law enforcement, child protection authorities, courts, Federal regulators, and Members of Congress.”
“(a) Short Title.--This section may be cited as the ``Terminating Restrictive Enforcement of Youth Settlements Law'' or ``TREY'S Law''. (b) Findings and Purposes.-- (1) Findings.-- (A) Instrumentalities of interstate commerce.--Congress finds the following: (i) Sexual abuse of minors, including abuse facilitated through instrumentalities of interstate commerce, is a matter of national concern. (ii) Agreements containing nondisclosure and confidentiality provisions, frequently concluded through the instrumentalities of interstate commerce, have been used to silence survivors of sexual abuse and conceal ongoing or repeated abuse.”
“``(II) House of representatives.--A resolution described in clause (i) that is introduced in the House of Representatives shall be referred to the Committee on the Judiciary of the House of Representatives.''. SEC. 6808. LOCAL ACCESS TO COURTS ACT. (a) Short Title.--This section may be cited as the ``Local Access to Courts Act'' or ``LACA''. (b) Organization of Texas District Courts.--Section 124(b)(2) of title 28, United States Code, is amended, in the matter preceding paragraph (3), by inserting ``and College Station'' before the period at the end. (c) Organization of California District Courts.--Section 84(d) of title 28, United States Code, is amended by inserting ``and El Centro'' after ``at San Diego''. SEC. 6809. TREY'S LAW.”
“2651a(m)(1)(A)) is amended by ______.', the blank spaces being appropriately filled in with the appropriate date and the amendatory language required to modify the list of countries in paragraph (1)(A) of this subsection by adding or deleting 1 or more countries; and [[Page S4025]] ``(III) the title of which is as follows: `Joint resolution approving modifications to definition of ``country of concern'' under section 1(m) of the State Department Basic Authorities Act of 1956.'. ``(ii) Referral.-- ``(I) Senate.--A resolution described in clause (i) that is introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate.”
“``(C) Joint resolution of approval.-- ``(i) In general.--For purposes of subparagraph (B)(ii), the term `joint resolution of approval' means only a joint resolution-- ``(I) that does not have a preamble; ``(II) that includes in the matter after the resolving clause the following: `That Congress approves the modification of the definition of ``country of concern'' under section 1(m) of the State Department Basic Authorities Act of 1956, as submitted by the Secretary of State on ____; and section 1(m)(1)(A) of the State Department Basic Authorities Act of 1956 (22 U.S.C.”
“2651a(m)) is amended by inserting after paragraph (6), as added by subsection (c)(2), the following: ``(7) Modification to definition of `country of concern'.-- ``(A) In general.--The Secretary of State may, in consultation with the Attorney General, propose the addition or deletion of countries described in paragraph (1)(A). ``(B) Submission.--Any proposal described in subparagraph (A) shall-- ``(i) be submitted to the Chairman and Ranking Member of the Committee on Foreign Relations of the Senate and the Chairman and Ranking Member of the Committee on the Judiciary of the House of Representatives; and ``(ii) become effective upon enactment of a joint resolution of approval as described in subparagraph (C).”
“(2) Conforming amendment.--Section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)) is amended-- (A) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; and (B) by inserting after paragraph (5) the following: ``(6) Relation to government-wide restrictions.--This subsection shall not apply to a person by reason of the person's service in a position referenced in this subsection if the person is subject to the restrictions under section 207(m) of title 18, United States Code, by reason of the same service.''. (d) Mechanism to Amend Definition of ``Country of Concern''.--Section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C.”
“``(5) Sunset.-- ``(A) In general.--On and after the date that is 5 years after the date of enactment of the Conflict-free Leaving Employment and Activity Restrictions Path Act, the restrictions under paragraph (2) shall not apply to any person appointed by the President, on or after such date of enactment, to a position referenced in this subsection, without regard to the date on which the service of such person in such position terminates. ``(B) No effect on conduct before sunset.--Nothing in subparagraph (A) shall be construed to limit the applicability of paragraph (2) with respect to any conduct by a person appointed by the President to a position referenced in this subsection that occurred before the date that is 5 years after the date of enactment of the Conflict-free Leaving Employment and Activity Restrictions Path Act.''.”