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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“``(c) Training and Technical Assistance.-- ``(1) Evaluation.--Not later than 180 days after the date of enactment of the Combating Organized Retail Crime Act of 2026, the Secretary and the Attorney General shall conduct an evaluation of existing Federal programs that provide training and technical support to State, local, Tribal, and territorial law enforcement to assist in countering organized retail and supply chain crime and organized retail and supply chain crime groups.”
“``(D) Comptroller general report.--Not later than 3 years after the date of the enactment of the Combating Organized Retail Crime Act of 2026, the Comptroller General shall publish a report on the activities of the Center, which shall include an assessment of the implementation of the duties of the Center described in paragraph (2). ``(6) Sunset.-- ``(A) In general.--The authority of the Center shall terminate on the date that is 3 years after the date on which the Center is established under paragraph (1). ``(B) Wind down.--The Secretary shall take such actions as may be necessary to wind down the Center in accordance with subparagraph (A).”
“``(B) Annual report.--Beginning on the date that is 1 year after the submission of the report required under subparagraph (A), and each year thereafter, the Secretary shall submit to the congressional committees listed in subparagraph (A)(i) and make publicly available an annual report that describes the activities of the Center during the previous year, which shall address the information described in subclauses (I) through (XII) of subparagraph (A). ``(C) Privacy and civil liberties audits.--The Privacy Office and the Civil Rights and Civil Liberties Office of the Department of Homeland Security shall annually-- ``(i) conduct an audit of the implementation of the procedures described in paragraph (2)(F); and ``(ii) submit to Congress a report discussing the findings of the audit.”
“``(ii) Contents.--The report required under clause (i) shall include-- ``(I) a description of the organizational structure of the Center; ``(II) a list of the Federal, State, local, Tribal, and territorial agencies and private sector entities that participate in the Center or have access to the data of the Center; ``(III) the number of open and closed assessments, open and closed preliminary investigations, open and closed full investigations, and prosecutions involving activities of the Center and a description of the nature of each crime; ``(IV) a list of the data systems accessible through the Center, including data originating from outside the Center, the names of data providers, and the names of any private sector contractors that provide data or intelligence reports; ``(V) the number and purpose of searches of individuals involving personally identifiable information of data under mechanisms established and used under paragraph (2)(D); ``(VI) the use of biometrics by the Center, including-- ``(aa) the types of biometrics that are captured, acquired, shared, stored, or maintained; ``(bb) the processes and tools the Center and partners use for these purposes; ``(cc) the sources of the biometrics, including any contracts; ``(dd) the access controls to the biometrics; and [[Page S4075]] ``(ee) any oversight processes implemented by the Center; ``(VII) if the Center plays a role in watchlisting processes, information about the role of the Center in these processes, including a description of the nominations process, who may nominate, to which watch lists, what information is used for these purposes, the number of nominations to watch lists conducted by nominators, the number of nominations that involve information originating from a private sector entity, audits of the nominations for continued relevance, and the controls put in place to oversee the processes; ``(VIII) any challenges required to be addressed while establishing the Center; ``(IX) any lessons learned from establishing the Center, including successful prosecutions resulting from the activities of the Center; ``(X) recommendations for ways to strengthen the enforcement of laws involving organized retail and supply chain crime; ``(XI) the intersections and commonalities between organized retail crime organizations and other organized theft groups, including supply chain diversion and theft; and ``(XII) the impact of organized theft groups on the scarcity of vital products, including medicines, personal protective equipment, and infant formula.”
“``(5) Reporting requirements.-- ``(A) Initial report.-- ``(i) In general.--Not later than 1 year after the date of enactment of the Combating Organized Retail Crime Act of 2026, the Secretary shall make publicly available a report regarding the establishment of the Center and submit such report to-- ``(I) the Committee on the Judiciary of the Senate; ``(II) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(III) the Committee on the Judiciary of the House of Representatives; and ``(IV) the Committee on Homeland Security of the House of Representatives.”
“``(C) Information sharing.-- ``(i) In general.--Subject to the approval of the Director of the Center, information that would otherwise be subject to the limitation on the disclosure of confidential information set forth in section 1905 of title 18, United States Code, may be shared if such disclosure is operationally necessary. ``(ii) Non-delegable authority.--The Director may not delegate his or her authority under this subparagraph.”
“``(D) State and local staff.--The staff of the Center may include detailees from State, local, Tribal, and territorial law enforcement agencies, who shall serve at the Center on a nonreimbursable basis. ``(4) Coordination.-- ``(A) In general.--The Center shall coordinate its activities related to organized retail and supply chain crime, as appropriate, with other Federal agencies and centers responsible for countering transnational organized crime threats. ``(B) Shared resources.--In establishing the Center, the Executive Associate Director may co-locate or otherwise share resources and personnel, including detailees and agency liaisons, with the National Intellectual Property Rights Coordination Center established pursuant to section 305(a)(1).”
“``(C) Federal staff.--The staff of the Center-- ``(i) shall include special agents and analysts from Homeland Security Investigations; and ``(ii) may also include detailed criminal investigators, analysts, and liaisons from other Federal agencies who have responsibilities related to organized retail and supply chain crime, including detailees from-- ``(I) U.S. Customs and Border Protection; ``(II) the United States Secret Service; ``(III) the United States Postal Inspection Service; ``(IV) the Bureau of Alcohol, Tobacco, Firearms and Explosives; ``(V) the Drug Enforcement Administration; ``(VI) the Federal Bureau of Investigation; and ``(VII) the Federal Motor Carrier Safety Administration.”
“``(3) Leadership; staffing.-- ``(A) Director.--The Center shall be headed by a Director, who shall be-- ``(i) an experienced law enforcement officer; ``(ii) appointed by the Director of U.S. Immigration and Customs Enforcement; and ``(iii) in a Senior Executive Service position as defined in section 3132 of title 5, United States Code. ``(B) Deputy director.--The Director of the Center shall be assisted by a Deputy Director, who shall be appointed, on a 2-year rotational basis, upon request from the Executive Associate Director, by-- ``(i) the Director of the Federal Bureau of Investigation; or ``(ii) the Director of the United States Secret Service.”
“``(2) Duties.--The duties of the Center shall include-- ``(A) coordinating Federal law enforcement activities related to organized retail and supply chain crime and organized retail and supply chain crime groups, including investigations of national and transnational criminal organizations that are engaged in organized retail and supply chain crime; ``(B) establishing relationships with State, local, Tribal, and territorial law enforcement agencies and organizations, including organized retail crime associations, cargo theft associations, and other companies determined by the Executive Associate Director to have significant interests relating to organized retail and supply chain crime threats; ``(C) assisting State, local, Tribal and territorial law enforcement agencies with State and local investigations of organized retail and supply chain crime groups pursuant to existing law; ``(D) establishing a mechanism to-- ``(i) receive investigative information on organized retail and supply chain crime from Federal, State, local, Tribal, and territorial law enforcement agencies and retail, transportation, and other organizations, including organized retail crime associations, cargo theft associations, and other companies determined by the Executive Associate Director to have significant interests relating to organized retail and supply chain crime threats; and ``(ii) disseminate analysis of the tactics, techniques, and procedures of organized retail and supply chain crime groups, including through analysis of information received through the mechanism, to Federal, State, local, Tribal, and territorial law enforcement agencies and organized retail crime associations and cargo theft associations, including organized retail crime associations, cargo theft associations, and other companies determined by the Executive Associate Director to have significant interests relating to organized retail and supply chain crime threats; ``(E) not later than 60 days after the date of enactment of the Combating Organized Retail Crime Act of 2026, reporting to Congress regarding whether the Homeland Security Information Network is sufficient to implement the information sharing requirements under the duties under this paragraph; ``(F) in coordination with the Privacy Officer and Civil Rights and Civil Liberties Officers of the Department of Homeland Security-- ``(i) developing, implementing, and regularly reviewing for needed updates training and instructions about what information is authorized for submission under subparagraph (D), consistent with the definitions in subsection (a) and appropriate privacy and civil liberties guardrails, and ensuring regular training for all individuals submitting such information; ``(ii) requiring that for each submission of such information, the submitting entity certify that the investigative information meets the definitions under subsection (a) and is consistent with the training; ``(iii) conducting regular quality assurance to ensure that all information submitted, retained, and shared is consistent with the definitions under subsection (a); ``(iv) establishing thresholds for the collection, retention, and dissemination of any personally identifiable information about a citizen of the United States, an alien lawfully admitted for permanent residence to the United States, or an individual residing inside the United States, including limits on the retention of such information; ``(v) memorializing any determination to collect, retain, or disseminate personally identifiable information about a citizen of the United States, an alien lawfully admitted for permanent residence to the United States, or an individual residing inside the United States consistent with the thresholds established under clause (iv) along with a justification for that decision; ``(vi) ensuring that personally identifiable information about a citizen of the United States, an alien lawfully admitted for permanent residence to the United States, or an individual residing inside the United States may not be disseminated or used within the Department of Homeland Security for any purpose other than efforts to counter transnational organized retail and supply chain crime groups, unless the Center determines (and documents) that there is probable cause to believe the individual described in the personally identifiable information is committing, attempting to commit, or aiding or abetting a crime; and ``(vii) not later than 60 days after the date of enactment of the Combating Organized Retail Crime Act of 2026, carrying out 1 or more privacy compliance review processes and publishing new or updated privacy impact assessments and system of records notices in accordance with the document of the Office of Management and Budget entitled `Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002' (OMB M-03-22) and the document of the Office of Management and Budget entitled `Managing Information as a Strategic Resource' (OMB Circular A-130) for each new or updated information technology system and project that collects, maintains, or disseminates information in identifiable information from or about members of the public including any databases or systems used or developed in this section; ``(G) tracking trends with respect to organized retail and supply chain crime and organized retail and supply chain crime groups and releasing annual public reports on such trends; and ``(H) supporting the provision of training and technical assistance in accordance with subsection (c).”
“``(4) Organized retail and supply chain crime group.--The term `organized retail and supply chain crime group' means 3 or more individuals who are jointly engaged in the conduct described in paragraph (3), with a centralized coordination of operations across the steps of the organized retail and supply chain crime cycle. ``(5) Secretary.--The term `Secretary' means the Secretary of Homeland Security. ``(b) Organized Retail and Supply Chain Crime Coordination Center.-- ``(1) Establishment.--Not later than 90 days after the date of enactment of the Combating Organized Retail Crime Act of 2026, the Secretary shall direct the Executive Associate Director to establish the Organized [[Page S4074]] Retail and Supply Chain Crime Coordination Center.”
“``(3) Organized retail and supply chain crime.--The term `organized retail and supply chain crime' means-- ``(A) any crime described in section 659, 2117, 2314, or 2315 of title 18, United States Code, that is committed by, in coordination with, or at the instruction of an organization for the purpose of the systematic, large-scale theft of retail goods or goods in the supply chain from manufacturers, logistics and transportation providers, distributors, or retailers, which may include the subsequent resale of those stolen goods in interstate or foreign commerce for financial gain; ``(B) aiding or abetting the commission of, or conspiring to commit, any act that is in furtherance of a violation of a crime referred to in subparagraph (A) in the context of an organized retail and supply chain crime group; or ``(C) other crimes which materially further organized retail and supply chain crime.”
“SEC. 204. ESTABLISHMENT OF A CENTER TO COMBAT ORGANIZED RETAIL AND SUPPLY CHAIN CRIME. (a) In General.--Title III of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4341 et seq.) is amended by inserting after section 305 the following: ``SEC. 305A. ORGANIZED RETAIL AND SUPPLY CHAIN CRIME COORDINATION CENTER. ``(a) Definitions.--In this section: ``(1) Center.--The term `Center' means the Organized Retail and Supply Chain Crime Coordination Center established pursuant to subsection (b)(1). ``(2) Executive associate director.--The term `Executive Associate Director' means the Executive Associate Director of Homeland Security Investigations.”
“SEC. 203. AMENDMENTS TO TITLE 18, UNITED STATES CODE. Part I of title 18, United States Code, is amended-- (1) in section 982(a)(5)-- (A) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; (B) by inserting after subparagraph (B) the following: ``(C) section 659 (interstate or foreign shipments by carrier; State prosecutions);''; (C) in subparagraph (E), as so redesignated, by striking ``; or'' and inserting a semicolon; and (D) by inserting after subparagraph (F), as so redesignated, the following: ``(G) section 2314 (transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting); or ``(H) section 2315 (sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps);''; (2) in section 1956(c)-- (A) in paragraph (5), by striking ``and money orders'' and inserting ``money orders, general-use prepaid cards, gift certificates, and store gift cards''; and (B) in paragraph (7)(D)-- (i) by inserting ``section 659 (interstate or foreign shipments by carrier; State prosecutions),'' after ``section 658 (relating to property mortgaged or pledged to farm credit agencies),''; and (ii) by inserting ``section 2314 (transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting), section 2315 (sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps),'' after ``section 2281 (relating to violence against maritime fixed platforms),''; (3) in section 2314, in the first paragraph-- (A) by inserting ``or of an aggregate value of $5,000 or more during any 12-month period,'' after ``more,''; (B) by inserting ``embezzled,'' after ``stolen,''; and (C) by inserting ``, false pretense, or other illegal means'' after ``fraud''; and (4) in section 2315, in the first paragraph, by inserting ``or of an aggregate value of $5,000 or more during any 12- month period,'' after ``$5,000 or more,''.”
“It is the sense of Congress that-- (1) organized theft groups, involving sophisticated and structured groups of individuals, continue to increase criminal activities carried out by the groups against the retail industry and the supply chain of the Nation, and these activities, at unprecedented levels, involve theft and fraud of both physical and digital goods, leading to escalating financial losses and violence in the workplace--all impacting the national economy and security of the United States; (2) retailers face mounting thefts and fraud because of organized retail crime in and around stores, online, and throughout the retail ecosystem, and, according to the National Retail Federation, larceny incidents increased by 93 percent in 2023 compared to 2019, with a 90 percent rise in average dollar loss; (3) these thefts are often orchestrated by organized theft groups reselling and redistributing the stolen goods back into the economy of the United States or overseas to gain illicit profit and to finance other criminal activity, and more than 84 percent of retailers report that violence and aggression from these criminal activities has become more of a concern since 2022, resulting in injuries and deaths among employees, customers, security officers, and law enforcement personnel; (4) product manufacturers and the supply chain of the Nation are victims of alarming increases in cargo theft across rails, roads, and the various distribution points across the Nation; (5) CargoNet, a database of reported incidents in the United States, reported a 27 percent increase in cargo theft incidents in 2024 compared to the previous year, while during the same period, the average value per theft rose to over $202,000; (6) these thefts range from large-scale physical theft of goods from containers and storage to sophisticated cybercriminal methods that divert shipments to illicit receivers, causing significant financial losses and operational supply chain disruptions; (7) since 2022, more than 30 State laws have been enacted to address organized theft, allow for aggregation of thefts, and adjust penalties and enhancements, including in 2024, California voters overwhelmingly approving a constitutional reform to allow aggregation of multiple or repeated thefts; (8) although larceny and organized retail crime are sometimes prosecuted at State and local levels, States face resource and investigative challenges from groups operating beyond local, State, and regional law enforcement capabilities, and more needs to be done to address the cross- jurisdictional, interstate, and international aspects of these crimes; (9) organized theft groups vary in scope and scale, operating across State jurisdictions to avoid or disrupt local, State, and Tribal law enforcement response, and these organized theft groups build hierarchies to easily redistribute stolen goods and illicit profits back into the economy of the United States or overseas with disregard for product and consumer safety; (10) the groups exist and operate at the local, regional, and transnational level, targeting goods that include raw and finished materials, various branded retail products across all consumer categories, operational assets in retail commerce such as reusable transport packaging products, and consumable goods including agriculture, food products, and medicines; (11) these groups are often polycriminal organizations, using profit from the reselling of stolen goods to support crimes involving drugs and weapons trafficking; (12) the organized theft groups engage in human smuggling and have been known to use migrants to commit crimes to support the organizations; (13) the groups move products and illicit proceeds beyond the borders of the United States, funding nefarious groups and activities and threatening the integrity of the international economy; (14) organized theft groups-- (A) threaten the safety and liberty of individuals in the United States when those individuals engage in commerce; (B) impact the ability of the Nation to distribute goods to consumers, undermine consumer confidence in the supply chain, and threaten the integrity of agricultural and consumable goods; (C) erode the national economy by increasing the cost of goods, resulting in higher prices for consumers, reducing tax revenues, and impacting employees, customers, and businesses alike; and (D) impact the national security of the United States through financing transnational criminal activity and providing profit and proceeds supporting larger criminal goals of the criminal organizations; and (15) it has become necessary for Congress to-- (A) amend title 18, United States Code, to ensure that law enforcement has the legal tools necessary to combat organized retail crime in the same capacity that law enforcement is able to combat theft and diversion from other portions of the supply chain; and (B) direct the executive branch to create a central coordination center to align Federal, State, local, territorial, and Tribal efforts to combat organized retail crime and organized supply chain crime.”
“(b) Clerical Amendment.--The table of sections for chapter 110 of title 18, United States Code, is amended by striking the item [[Page S4073]] relating to section 2260A and inserting the following: ``2260A. Other offenses and penalties.''. SEC. 134. SEVERABILITY. If any provision of this subtitle, an amendment made by this subtitle, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle, the amendments made by this subtitle, and the application of the provisions of such to any person or circumstance shall not be affected thereby. TITLE II--COMBATING ORGANIZED RETAIL CRIME SEC. 201. SHORT TITLE. This title may be cited as the ``Combating Organized Retail Crime Act of 2026''. SEC. 202. FINDINGS.”
“SEC. 133. PENALTIES FOR THREATS TO DISTRIBUTE CHILD SEXUAL ABUSE MATERIAL. (a) In General.--Title 18, United States Code, is amended-- (1) in section 1466A-- (A) in subsection (a), in the matter preceding subsection (b), by inserting ``, but if the offense involves the knowing use of a visual depiction of a minor engaged in sexually explicit conduct, with the intent to intimidate, coerce, extort, or cause substantial emotional distress to any person, the maximum term of imprisonment provided in section 2252A(b)(1) shall be increased by 10 years'' before the period at the end; and (B) in subsection (b), in the matter preceding subsection (c), by inserting ``, but if the offense involves the knowing use of a visual depiction of a minor engaged in sexually explicit conduct, with the intent to intimidate, coerce, extort, or cause substantial emotional distress to any person, the maximum term of imprisonment provided in section 2252A(b)(2) shall be increased by 10 years'' before the period at the end; and (2) in section 2260A-- (A) in the section heading, by striking ``Penalties for registered sex offenders'' and inserting ``Other offenses and penalties''; (B) by striking ``Whoever'' and inserting the following: ``(1) Offenses by registered sex offenders.--Whoever''; and (C) by adding at the end the following: ``(2) Additional penalties.--If any offense under section 875(d), 2251, 2252, 2252A, or 2260 involves the knowing use of child pornography with the intent to intimidate, coerce, extort, or cause substantial emotional distress to any person, the maximum term of imprisonment provided in section 875(d), 2251(e), 2252(b), 2252A(b), or 2260(c) shall be increased by 10 years.''.”
“Title 18, United States Code, is amended-- (1) in section 2252-- (A) in subsection (a)(2)-- (i) in the matter preceding subparagraph (A)-- (I) by inserting ``, or threatens to distribute any visual depiction with intent to intimidate, coerce, extort, or cause substantial emotional distress to any person,'' after ``distributes, any visual depiction''; (II) by striking ``foreign commerce or that'' and inserting ``foreign commerce, or involving a visual depiction that''; and (III) by striking ``, or which contains materials which have been mailed or so shipped or transported,''; and (B) in subsection (b)-- (i) in paragraph (1), by striking ``Whoever'' and inserting ``Except as provided in paragraph (3), whoever''; and (ii) by adding at the end the following: ``(3) Whoever violates, or attempts or conspires to violate, subsection (a)(2) for threatening to distribute any visual depiction, as described in that subsection, shall be punished as provided in paragraph (2) of this subsection if no such visual depiction existed.''; and (2) in section 2252A-- (A) in subsection (a)(2)(A)-- (i) by inserting ``, or threatens to distribute any child pornography with intent to intimidate, coerce, extort, or cause substantial emotional distress to any person,'' after ``any child pornography''; and (ii) by striking ``foreign commerce or that'' and inserting ``foreign commerce, or involving any child pornography that''; and (B) in subsection (b)-- (i) in paragraph (1), by striking ``Whoever'' and inserting ``Except as provided in paragraph (4), whoever''; and (ii) by adding at the end the following: ``(4) Whoever violates, or attempts or conspires to violate, subsection (a)(2)(A) for threatening to distribute any child pornography, as described in that subsection, shall be punished as provided in paragraph (2) of this subsection if no such child pornography existed.''.”
“(3) Delayed applicability of provider duty to report.--The amendment made to section 2258A(a)(1)(A) of title 18, United States Code, by paragraph (1)(A)(ii)(I)(aa) of this subsection, shall apply on and after the date that is 1 year after the date of enactment of this Act. SEC. 124. SEVERABILITY. If any provision of this subtitle, an amendment made by this subtitle, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this subtitle, the amendments made by this subtitle, and the application of the provisions of such to any person or circumstance shall not be affected thereby. Subtitle C--Stop Sextortion SEC. 131. SHORT TITLE. This subtitle may be cited as the ``Stop Sextortion Act''. SEC. 132. CRIMINALIZING THREATS TO DISTRIBUTE CHILD SEXUAL ABUSE MATERIAL.”
“(2) PROTECT our children act of 2008.--Section 2 of the PROTECT Our Children Act of 2008 (34 U.S.C. 21101) is amended by striking paragraph (1) and inserting the following: ``(1) Child exploitation.--The term `child exploitation' means-- ``(A) any conduct, attempted conduct, or conspiracy to engage in conduct that-- ``(i) violates chapter 110 or section 2261C, 2422(b), or 2423 of title 18, United States Code; or ``(ii) involves a minor and violates section 1591 or chapter 109A of title 18, United States Code; or ``(B) any sexual activity involving a minor for which any person can be charged with a criminal offense.''.”
“(B) Section 3509.--Section 3509(a)(2)(A) of title 18, United States Code, is amended by striking ``physical abuse, sexual abuse, or exploitation'' and inserting ``child abuse''. (C) Section 5032.--Section 5032 of title 18, United States Code, is amended-- (i) in the first undesignated paragraph-- (I) by striking ``or section 1002(a)'' and inserting ``section 1002(a)''; and (II) by striking ``section 922(x) or section 924(b), (g), or (h) of this title'' and inserting ``or section 922(x), section 924(b), (g), or (h), or section 2261C(b)(1) or (2) of this title''; and (ii) in the fourth undesignated paragraph, by striking ``section 922(x) of this title, or in section 924(b), (g), or (h) of this title'' and inserting ``section 922(x), section 924(b), (g), or (h), or section 2261C(b)(1) or (2) of this title''.”
“(b) Conforming Amendments.-- (1) Title 18.-- (A) Chapter 110.--Chapter 110 of title 18, United States Code, is amended-- (i) in section 2252A(g), by inserting ``section 2261C,'' after ``section 1591,''; and (ii) in section 2258A-- (I) in subsection (a)-- (aa) in paragraph (1)(A), by striking ``online child sexual exploitation and to prevent the online sexual exploitation of children'' and inserting ``, and to prevent, online child sexual exploitation and online coercion of children''; and (bb) in paragraph (2)(A)-- (AA) by striking ``or 2260 that involves child pornography,'' and inserting ``2260, 2261C, or 2422(b), or''; and (BB) by striking ``, or of 2422(b)''; (II) in subsection (b), in the matter preceding paragraph (1), by striking ``sexual'' and inserting ``online''; (III) in subsection (c)-- (aa) in paragraph (1), by striking ``, kidnapping, or enticement crimes'' and inserting ``or kidnapping, online coercion, or enticement crimes involving children''; (bb) in paragraph (2), by inserting ``or kidnapping, online coercion, or enticement crimes involving children'' after ``sexual exploitation''; and (cc) in paragraph (3), by striking ``, kidnapping, or enticement crimes'' and inserting ``or kidnapping, online coercion, or enticement crimes involving children''; (IV) in subsection (d)(5)(A)(ii)(II), by striking ``, kidnapping, or enticement crimes'' and inserting ``or kidnapping, online coercion, or enticement crimes involving children''; (V) in subsection (g)(3)-- (aa) in subparagraph (A), by striking ``, kidnapping, or enticement crimes'' and inserting ``or kidnapping, online coercion, or enticement crimes involving children''; (bb) in subparagraph (B), by striking ``, kidnapping, or enticement crimes'' and inserting ``or kidnapping, online coercion, or enticement crimes involving children''; and (cc) in subparagraph (C), by striking ``, kidnapping, or enticement crimes'' and inserting ``or kidnapping, online coercion, or enticement crimes involving children''; and (VI) in subsection (h)(5), by striking ``the proliferation of online child sexual exploitation or preventing the online sexual exploitation of children'' and inserting ``or preventing the proliferation of online child sexual exploitation or online coercion of children''.”
“``(c) Penalty.--Any person who violates, or attempts or conspires to violate-- ``(1) subparagraph (A) or (B) of subsection (b)(1) shall be fined under this title, imprisoned for any term of years or life, or both; or ``(2) paragraph (2), (3), or (4) of subsection (b) shall be fined under this title, imprisoned for not more than 30 years, or both.''. SEC. 123. CLERICAL AND CONFORMING AMENDMENTS. (a) Clerical Amendment.--The table of sections for chapter 110A of title 18, United States Code, is amended by inserting after the item relating to section 2261B the following: ``2261C. Coercion of children to commit harm.''.”
“``(b) Offense.--It shall be unlawful for any person, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, to intentionally coerce a minor, directly or through an intermediary, to-- ``(1)(A) die by suicide or attempt to die by suicide; or ``(B) kill or attempt to kill any individual; ``(2) kill or attempt to kill any pet, emotional support animal, service animal, or horse; ``(3) strangle, suffocate, poison, burn, lacerate, or inflict serious bodily injury or substantial bodily injury on any individual (including the minor), pet, emotional support animal, service animal, or horse; or ``(4) commit or attempt to commit arson.”
“Subtitle B--Ending Coercion of Children and Harm Online SEC. 121. SHORT TITLE. This title may be cited as the ``Ending Coercion of Children and Harm Online Act'' or the ``ECCHO Act''. SEC. 122. COERCION OF CHILDREN TO COMMIT HARM. Chapter 110A of title 18, United States Code, is amended by inserting after section 2261B the following: ``Sec. 2261C. Coercion of children to commit harm ``(a) Definitions.--For purposes of this section: [[Page S4072]] ``(1) Coerce.--The term `coerce' includes the use of extortion, threats, fraud, deceit, duress, intimidation, harassment, humiliation, degradation, or manipulation. ``(2) Minor.--The term `minor' means any individual who has not attained the age of 18 years. ``(3) Substantial bodily injury.--The term `substantial bodily injury' has the meaning given that term in section 113.”
“(e) Repeals.-- (1) Laws.--The following provisions of law are repealed: (A) Section 632 of the Treasury, Postal Service and General Government Appropriations Act, 1992 (28 U.S.C. 994 note; Public Law 102-141). (B) Sections 2 and 3 of the Sex Crimes Against Children Prevention Act of 1995 (28 U.S.C. 994 note; Public Law 104- 71). (C) Section 401(i)(1) of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (28 U.S.C. 994 note; Public Law 108-21). (2) Guidelines.--Section 2G2.2(b) of the United States Sentencing Commission Guidelines Manual is amended by striking paragraph (7). (3) Effective date.--The amendments made by this subsection shall take effect on the date on which the amendments to the Federal sentencing guidelines and policy statements required under subsection (b) take effect.”
“(d) Authority for United States Sentencing Commission.--In carrying out this section, the United States Sentencing Commission-- (1) may amend provisions of the Federal sentencing guidelines that were promulgated pursuant to any other specific congressional directives or legislation directly amending the guidelines and promulgate amendments that would result in sentencing ranges different than those that would have applied under such directives or legislation; and (2) in developing a guideline that comports with the requirements of this section, particularly accounting for the factors set forth in subsection (c)(3)-- (A) may-- (i) design the specific offense characteristics, including the increase in offense level that each offense characteristic would provide; and (ii) define any terms; and (B) may not lower the applicable base offense level provided in section 2G2.2(a) of the United States Sentencing Guidelines Manual as in effect on the date of enactment of this Act.”
“(c) Requirements.--In carrying out subsection (b), the United States Sentencing Commission shall-- (1) ensure that the Federal sentencing guidelines and policy statements reflect-- (A) the seriousness of the offenses described in that subsection; (B) the need to afford adequate deterrence to commission of the offenses; (C) the need for just punishment for the offenses; (D) the need to protect the public from further crimes of a defendant convicted of any such offense; and (E) the need to differentiate among offenders based on their culpability and potential dangerousness; (2) avoid duplicative punishment within the applicable guidelines and under the Federal sentencing guidelines for substantially the same conduct; (3) develop a guideline that accounts for-- (A) whether, prior to, during, or after the offense at issue, the defendant engaged in, conspired to engage in, or attempted to engage in-- (i) an act of prohibited conduct against a child; or (ii) a pattern of activity involving prohibited conduct against a child, whether involving a single victim or multiple victims; (B) whether, prior to, during, or after the offense at issue, the defendant-- (i) participated in a group dedicated to child sexual abuse material or prohibited conduct against a child; or (ii) encouraged, instructed, required, or similarly caused another individual to commit an offense involving child sexual abuse material or prohibited conduct against a child; (C) whether the defendant engaged in multiple acts, not accounted for in the defendant's criminal history or counts of conviction, involving child sexual abuse material over an extended period of time or with a high degree of frequency; (D) whether the defendant intentionally used, or promoted the use of, software, technology, procedures, or any other means to conceal the offense or the identity or location of the defendant or any victim, or to destroy evidence for an improper purpose, unless accounted for in the conduct of conviction; (E) whether 3 or more online channels, technologies, platforms, or methods were used to commit the offense; (F) gradations in-- (i) the severity of the depicted sexually explicit conduct, including especially severe physical or emotional trauma; and (ii) the age or physical development of the minor; (G) the number of items of child sexual abuse material or the number of victims involved in the offense; (H) whether the offense involved distribution of child sexual abuse material, accounting for the nature of the distribution, including-- (i) distribution in order to receive any valuable consideration; and (ii) distribution through any method that does not limit who can obtain the material or how many individuals can obtain the material; (I) whether the offense involved the production, creation, or manufacture of child sexual abuse material that is not subject to the cross reference in section 2G2.2(c)(1) of the United States Sentencing Guidelines Manual to section 2G2.1 of the Manual; (J) whether the offense was the direct and proximate cause of the victim's death by suicide; and (K) any other conduct or factors that the United States Sentencing Commission determines appropriate to reflect the seriousness of the offense and differentiate among offenders; (4) make any necessary conforming changes to the guidelines; and (5) ensure that the guidelines adequately meet the purposes of sentencing, as set forth in section 3553(a)(2) of title 18, United States Code.”
“(b) Directive.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements applicable to persons convicted of an offense under section 1466A, 2251(d)(1)(A), 2252, 2252A, or 2260(b) of title 18, United States Code, in order to reflect the intent of Congress that penalties for the offense under the guidelines and policy statements-- (1) appropriately account for-- (A) the actual and potential harm to victims and to the public from the offense; and (B) changes that have occurred since the relevant guidelines and policy statements were last amended with respect to-- (i) typical offense behavior; and (ii) the use of modern computer and internet technologies; and (2) to better reflect the current spectrum of offender culpability.”
“(3) Prohibited conduct against a child.--The term ``prohibited conduct against a child''-- (A) means-- (i) conduct committed against a child relating to-- (I) kidnapping; (II) illegal sexual abuse, contact, or activity; (III) live streaming of child sexual abuse; (IV) using a child to produce child sexual abuse material; or (V) sexual exploitation, including child sex trafficking; or (ii) an attempt or conspiracy to engage in any conduct described in subclauses (I) through (V) of clause (i); (B) does not include-- (i) conduct involving or similar to advertising, transporting, mailing, distributing, receiving, possession, accessing, or viewing child sexual abuse material; or (ii) acquitted conduct, to the extent that such conduct is excluded from the scope of relevant conduct under section 1B1.3(c) of the United States Sentencing Guidelines Manual; and (C) does not require a conviction.”
“(a) Definitions.--In this section: (1) Child.--The term ``child'' means an individual who has not attained 18 years of age. (2) Child sexual abuse material.--The term ``child sexual abuse material'' has the meaning given the term ``child pornography'' in section 2256(8) of title 18, United States Code.”
“(4) Meanwhile, as the complexity, scale, and dangerousness of online child sex crimes has worsened, long-existing sex crimes against children continue to flourish on the dark web, through social media and related applications, and otherwise. (5) Effective investigation and prosecution are a critical component of the efforts of the United States to keep children safe, punish those who victimize them, and deter would-be offenders. It is imperative that the Federal sentencing guidelines account for these interests and ensure that offenders face advisory sentencing ranges that appropriately account for the scale, complexity, and dangerousness of these offenses. SEC. 113. AMENDMENT OF FEDERAL SENTENCING GUIDELINE RELATING TO CHILD SEXUAL ABUSE MATERIAL.”
“Congress finds the following: [[Page S4071]] (1) Over many years, the complexity and scale of online child sex offenses have worsened, as offenders have taken advantage of technological developments to target and victimize ever-increasing numbers of children. (2) In addition, offenders have pursued increasingly dangerous ways of victimizing children, including by resorting to organized efforts at extorting and manipulating children into engaging in sexually explicit conduct and other types of degrading and dangerous acts. (3) Offenders have also been increasingly adept at globalizing their offenses, including by, for example, paying adults overseas to provide customized child sexual abuse material, which may be video recorded or live-streamed, to offenders in the United States.”
“302. Prohibited provision of a phone. Sec. 303. Review of policies. TITLE IV--COMBATING ILLICIT XYLAZINE Sec. 401. Short title. Sec. 402. Definitions. Sec. 403. Adding xylazine to schedule III. Sec. 404. Amendments. Sec. 405. Arcos tracking. Sec. 406. Sentencing Commission. Sec. 407. Report to Congress on xylazine. TITLE I--JAMES T. WOODS ACT SEC. 101. SHORT TITLE. This tile may be cited as the ``James T. Woods Act''. Subtitle A--SAFE Act SEC. 111. SHORT TITLE. This subtitle may be cited as the ``Sentencing Accountability For Exploitation Act'' or the ``SAFE Act''. SEC. 112. FINDINGS.”
“Findings. Sec. 113. Amendment of Federal sentencing guideline relating to child sexual abuse material. Subtitle B--Ending Coercion of Children and Harm Online Sec. 121. Short title. Sec. 122. Coercion of children to commit harm. Sec. 123. Clerical and conforming amendments. Sec. 124. Severability. Subtitle C--Stop Sextortion Sec. 131. Short title. Sec. 132. Criminalizing threats to distribute child sexual abuse material. Sec. 133. Penalties for threats to distribute child sexual abuse material. Sec. 134. Severability. TITLE II--COMBATING ORGANIZED RETAIL CRIME Sec. 201. Short title. Sec. 202. Findings. Sec. 203. Amendments to title 18, United States Code. Sec. 204. Establishment of a Center to Combat Organized Retail and Supply Chain Crime. TITLE III--LIEUTENANT OSVALDO ALBARATI STOPPING PRISON CONTRABAND ACT Sec. 301. Short title. Sec.”
“EXCEPTION RELATING TO IMPORTATION OF GOODS. (1) In general.--The authorities and requirements to impose sanctions under this title shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Defined term.--In this section, the term ``good'' means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. DIVISION H--SAFER STREETS AND COMMUNITIES SEC. 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This division may be cited as the ``James T. Woods Community Safety Act''. (b) Table of Contents.--The table of contents for this division is as follows: Sec. 1. Short title; table of contents. TITLE I--JAMES T. WOODS ACT Sec. 101. Short title. Subtitle A--SAFE Act Sec. 111. Short title. Sec. 112.”
“(f) Defined Term.--In this section, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Armed Services of the Senate; (3) the Select Committee on Intelligence of the Senate; (4) the Committee on Appropriations of the Senate; (5) the Committee on Foreign Affairs of the House of Representatives; (6) the Committee on Armed Services of the House of Representatives; (7) the Permanent Select Committee on Intelligence of the House of Representatives; and (8) the Committee on Appropriations of the House of Representatives. (g) Sunset.--This section shall cease to have any force or effect beginning on the date that is 5 years after the date of the enactment of this Act. Subtitle J--Exception Relating to Importation of Goods SEC. 8795.”
“(e) NATO and Allied Coordination.--The Secretary, in coordination with the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, shall coordinate with NATO allies-- (1) to share and compare assessments of lessons learned from Ukraine's defense; (2) to promote interoperability in defense innovation; and (3) to explore the establishment of a multilateral ``Defense Innovation Lessons Hub'' or similar mechanism.”
“(2) Public version.--An unclassified version of the report required under paragraph (1) that excludes sensitive and classified information shall be made available to the public through a public website. (d) Integration Into Military Training and Strategy.--The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall ensure that relevant findings from the Task Force are-- (1) incorporated into professional military education curricula, including at the National Defense University, service academies, and war colleges; (2) reflected in joint and service-specific training exercises and war games; and (3) considered in the development of future operational concepts and planning scenarios.”
“(c) Reporting Requirements.-- (1) Annual report to congress.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary of Defense, in coordination with the Secretary, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff, shall submit to the appropriate committees of Congress a report that includes-- (A) a summary of the findings and assessments conducted by the Task Force; (B) recommendations for changes to doctrine, training, acquisition, or organizational structure; (C) an overview of any pilot programs or implementation actions taken in response to such recommendations; and (D) a classified annex with detailed assessments, to the extent necessary.”
“(b) Purposes.--The purposes of the Task Force are-- (1) identifying, evaluating, and synthesizing key battlefield innovations, operational practices, and defense strategies employed by Ukraine in its resistance to Russian aggression; (2) assessing the relevance of such lessons to United States military doctrine, training, logistics, acquisition, and strategic planning; (3) recommending specific changes or pilot programs to integrate such lessons into United States defense systems; (4) identifying vulnerabilities in United States systems highlighted by Ukraine's experience, including through joint operations such as Operation Spider Web; and (5) coordinating with NATO allies and Ukrainian defense counterparts, as appropriate.”
“(a) Syria Accountability and Lebanese Sovereignty Restoration Act of 2003.--The Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 (Public Law 108- 175; 22 U.S.C. 2151 note) is repealed. (b) Syria Human Rights Accountability Act of 2012.--The Syria Human Rights Accountability Act of 2012 (title VII of Public Law 112-158; 22 U.S.C. 8701 et seq.) is repealed. SEC. 8792. ESTABLISHMENT OF UKRAINE LESSONS LEARNED TASK FORCE. (a) Establishment.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff, shall establish a joint interagency task force, to be known as the ``Ukraine Lessons Learned Task Force'' (referred to in this section as the ``Task Force'').”
“(9) A description of United States Government efforts to support credible war crimes prosecutions against ISIS fighters. (10) A plan to ensure the delivery of humanitarian and reintegration assistance. SEC. 8785. DEFINED TERM. In this subtitle, the term ``appropriate committees of Congress'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Armed Services of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives; (5) the Committee on Appropriations of the House of Representatives; and (6) the Committee on Armed Services of the House of Representatives. Subtitle I--Additional Authorities SEC. 8791. REPEALS OF SYRIA SANCTIONS STATUTES.”
“(6) A description, which may be in classified form, of ISIS senior leadership and infrastructure and efforts to target leadership figures. (7) A comprehensive description of the activities of the United States Government, utilizing social media and other communication technologies, to counter ISIS's propaganda and influence and its ability to use such technologies to recruit fighters domestically and internationally, including through private technology companies, and a description of how such activities are being coordinated across the United States Government. (8) A description of the steps taken by the United States Government, including through the use of economic sanctions to deny financial resources to ISIS and its affiliates, in conjunction with international partners and financial institutions.”
“(4) An estimate of the number of current, active ISIS members in Iraq and Syria, including an assessment of those being held in detainee camps or prisons. (5) A comprehensive plan to repatriate or secure ISIS detainees currently being held in Syria and Iraq, including-- (A) repatriation, transfer, prosecution, and intelligence- gathering; (B) coordinating a whole-of-government approach with other countries and international organizations, including INTERPOL, to ensure secure chains of custody and locations of ISIS foreign terrorist fighter detainees; (C) coordinating technical and evidentiary assistance to foreign countries to aid in the successful prosecution of ISIS foreign terrorist fighter detainees; (D) all multilateral and international engagements led by the Department and other agencies that are related to the current and [[Page S4070]] future handling, detention, and prosecution of ISIS foreign terrorist fighter detainees; (E) engagement with international partners on legal, tenable mechanisms for repatriating foreign fighters; and (F) a plan for how funds in appropriations Acts will support disarmament, demobilization, disengagement, deradicalization, and reintegration of current and former members and affiliates of ISIS and their family members.”
“(b) Elements of the Strategy.--The strategy required under subsection (a) shall include the following elements: (1) A summary of the United States national security interests in Syria and the impact a resurgence of ISIS would have on those interests. (2) A comprehensive assessment of current training and support programs by agency or department, specifically focused on countering ISIS and other terrorist organizations, including nonlethal assistance, training, and organizational capacity for the Syrian authorities and others to counter gains by ISIS and its affiliates. (3) A detailed description of United States Government efforts to support, develop, and expand the capacity of Syrian authorities to combat ISIS and prevent its return.”
“(C) A comprehensive assessment of security conditions at the United States mission in Damascus, any notable changes or progress made towards hardening security, and any progress towards re-establishing a permanent presence or re-opening the embassy. SEC. 8784. STRATEGY TO ENSURE THE ENDURING DEFEAT OF ISIS IN SYRIA. (a) Strategy Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Defense and the heads of other appropriate Federal agencies, shall jointly develop and submit to the appropriate committees of Congress a strategy to combat and prevent the further resurgence of ISIS and its affiliates in Syria.”
“(2) Elements.--The report required under paragraph (1) shall include, at a minimum, the following elements: (A) A strategy to strengthen and sustain broader United States engagement with Syrian authorities, which includes policy objectives, staffing plans domestically and overseas, regional engagement efforts, and efforts to engage Syrians, including activists, political groups, and civil society organizations. (B) A detailed accounting of progress made on the engagement strategy, including meetings, travel, staffing patterns and changes, and notable gaps or areas where additional engagement is needed.”
“(b) Report Required.-- (1) In general.--Not later than 60 days after the date of the enactment of this Act, and every 180 days thereafter until January 1, 2029, the Secretary shall submit to the appropriate committees of Congress a report describing the strategy of the United States to establish and sustain deepened engagement with Syrian authorities and assesses in detail the security conditions at the United States mission in Damascus and any known security preparations to re- establish operations on the compound.”
“STRATEGY FOR ENGAGEMENT WITH SYRIAN AUTHORITIES AND FOR EVALUATING SECURITY AT THE UNITED STATES MISSION. (a) Sense of Congress.--It is the sense of Congress that-- (1) the United States should take measures to expand its engagement with Syrian authorities in support of mutual national security interests, such as combating terrorism, eliminating chemical weapons, and mitigating Captagon smuggling; and (2) the Department should take measures to evaluate and mitigate known security vulnerabilities at the United States mission in Damascus in support of eventually reopening the embassy compound for official usage.”