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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“``(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.''.”
“2651a) is modified in accordance with paragraph (7) of that subsection by adding a country to the list of countries described in paragraph (1)(A) of that subsection, in the case of any person who is appointed by the President to a position referenced in this subsection on or after the date of enactment of the Conflict-free Leaving Employment and Activity Restrictions Path Act and who knowingly represents, aids, or advises a foreign governmental entity of a country added to the list of countries described in paragraph (1)(A) of such subsection (m), the restrictions under this subsection shall apply to such person on and after the date that is 30 days after the date of enactment of a relevant joint resolution of approval as described in paragraph (7)(C) of such subsection (m) adding that country to the list of countries described in paragraph (1)(A) of such subsection (m).”
“``(3) Notice of restrictions.--Any person subject to the restrictions under this subsection shall be provided notice of these restrictions by the relevant department or agency-- ``(A) upon appointment by the President; and ``(B) upon termination of service with the relevant department or agency. ``(4) Effective date.-- ``(A) In general.--Except as provided in subparagraph (B), the restrictions under this subsection shall apply only to persons who are appointed by the President to the positions referenced in this subsection on or after the date of enactment of the Conflict-free Leaving Employment and Activity Restrictions Path Act. ``(B) Grace period for added countries of concern.--If the definition of the term `country of concern' under subsection (m) of section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C.”
“``(2) Agency heads, deputy heads, and other positions subject to senate confirmation.--Any person who serves in a position requiring appointment by the President as head or deputy head of, or serves in any other Senate-confirmed position in, a department or agency of the executive branch of the United States, and who, at any time after the termination of the person's service in that position, knowingly represents, aids, or advises a foreign governmental entity of a country of concern before an officer or employee of the executive or legislative branch of the United States with the intent to influence a decision of the officer or employee in carrying out his or her official duties shall be punished as provided in section 216.”
“``(B) Foreign governmental entity.--The term `foreign governmental entity' has the meaning given the term in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)). ``(C) Represent.--The term `represent' does not include representation by an attorney, who is duly licensed and authorized to provide legal advice in a United States jurisdiction, of a person or entity in a legal capacity or for the purposes of rendering legal advice. ``(D) Senate-confirmed position.--The term `Senate- confirmed position' means a position in a department or agency of the executive branch of the United States for which appointment is required to be made by the President, by and with the advice and consent of the Senate.”
“(c) Post-employment Restrictions on Officials in Positions Subject to Senate Confirmation.-- (1) In general.--Section 207 of title 18, United States Code, is amended by adding at the end the following: ``(m) Extended Post-employment Restrictions for Officials in Positions Subject to Senate Confirmation.-- ``(1) Definitions.--In this subsection: ``(A) Country of concern.--The term `country of concern' has the meaning given the term in section 1(m) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)), except that it does not include the country described in paragraph (1)(A)(vi) of that section, as in effect on the date of enactment of the Conflict-free Leaving Employment and Activity Restrictions Path Act.”
“(b) Sense of Congress.--It is the sense of Congress that-- (1) Congress and the executive branch have recognized the importance of preventing and mitigating the potential for conflicts of interest following Government service, including with respect to senior United States officials working on behalf of foreign governments; and (2) Congress and the executive branch should jointly evaluate the status and scope of post-employment restrictions.”
“(d) Reports.--Not later than 1 year after the date on which a State judicial threat intelligence and resource center is established under paragraph (15) of section 206(c) of the State Justice Institute Act of 1984, as added by subsection (c) of this section, the State Justice Institute shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an annual report on the number of threats to State and local judiciary members and court staff, with breakdown of types of threats and level of seriousness. SEC. 6807. CONFLICT-FREE LEAVING EMPLOYMENT AND ACTIVITY RESTRICTIONS (CLEAR) PATH ACT. (a) Short Title.--This section may be cited as the ``Conflict-free Leaving Employment and Activity Restrictions Path Act'' or the ``CLEAR Path Act''.”
“(c) Establishment of State Judicial Threat Intelligence and Resource Center.--Section 206(c) of the State Justice Institute Act of 1984 (42 U.S.C. 10705(c)) is amended-- (1) in paragraph (14), by striking ``and'' at the end; (2) by redesignating paragraph (15) as paragraph (16); and (3) by inserting after paragraph (14) the following: ``(15) to provide financial and technical support to eligible organizations to establish, implement, and operate a State judicial threat and intelligence resource center to-- ``(A) provide technical assistance and training around judicial security, including-- ``(i) providing judicial officer safety education and training for judicial officers, courts, and local law enforcement; ``(ii) creating resources and guides around judicial security; and ``(iii) providing physical security assessments for courts, homes, and other facilities where judicial officers and staff conduct court-related business; ``(B) proactively monitor threats to the safety of State and local judges and court staff; ``(C) coordinate with Federal, State, and local law enforcement agencies to mitigate threats to the safety of State and local judges and court staff; ``(D) develop standardized incident reporting and threat evaluation practices for State and local courts in coordination with State and local law enforcement and fusion centers; ``(E) develop a national database for reporting, tracking, and sharing information about threats and incidents towards judicial officers and court staff at local and State levels with entities working in the interest of judicial security, including State and local law enforcement and fusion centers; and ``(F) coordinate research to identify, examine, and advance best practices around judicial security.''.”
“10701) is amended-- (1) in paragraph (7), by striking ``and'' at the end; (2) in paragraph (8)(B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(9) `eligible organization' means a national nonprofit organization that-- ``(A) provides technical assistance and training on, and has expertise and national-level experience in, judicial security and safety at the State and local levels; ``(B) has experience in courthouse design and courthouse security design standards; ``(C) has an understanding of State judicial operations and public access to judicial services; and ``(D) has experience working with a wide array of different judges and court systems, including an understanding of the challenges facing trial courts, appellate courts, rural [[Page S4024]] courts, and limited-jurisdiction courts at the State and local levels.''.”
“(5) Supervised release for violations of section 1466a after imprisonment.--Section 3583(k) of title 18, United States Code, is amended, in the first sentence, by inserting ``1466A,'' before ``1591,''. SEC. 6806. COUNTERING THREATS AND ATTACKS ON OUR JUDGES ACT. (a) Short Title.--This section may be cited as the ``Countering Threats and Attacks on Our Judges Act''. (b) Definitions.--Section 202 of the State Justice Institute Act of 1984 (42 U.S.C.”
“(4) Presumption of detention for violations of section 1466a pending trial.--Section 3142 of title 18, United States Code, is amended-- (A) in subsection (c)(1)(B), in the undesignated matter following clause (xiv), by striking ``that involves'' and all that follows through ``2425 of this title'' and inserting ``that involves an offense described in subsection (e)(3)(E)''; and (B) in subsection (e)(3), by striking subparagraph (E) and inserting the following: ``(E) an offense-- ``(i) involving a minor victim under section 1201, 1591, 2241(a), 2241(b), 2242, 2244(a)(1), 2245, 2421, or 2422(a) of this title; or ``(ii) under section 1466A(a), 2241(c), 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2422(b), 2423, or 2425 of this title.''.”
“(3) Prohibition on reproduction of obscene visual representations of child sexual abuse in discovery.--Section 1466A of title 18, United States Code, is amended-- (A) by redesignating subsection (f) as subsection (g); and (B) by inserting after subsection (e) the following: ``(f) Prohibition on Reproduction of Obscene Visual Depictions of Child Sexual Abuse.--In any criminal proceeding brought under this section-- ``(1) any visual depiction involved in a violation of this section shall remain in the care, custody, and control of either the Government or the court in the same manner specified for child pornography in paragraphs (1) and (2) of section 3509(m); and ``(2) any identifiable minor, as that term is defined in section 2256(9), depicted in any visual depiction involved in a violation of this section may have access to such depiction in the same manner specified for a victim, with respect to child pornography depicting the victim, in section 3509(m)(3).''.”
“(c) Enhancing Enforcement With Respect to Obscene Visual Representations of Child Sexual Abuse.-- (1) Removing the statute of limitations for obscene visual representations of child sexual abuse.--Section 3299 of title 18, United States Code, is amended by inserting ``1466A or'' before ``1591''. (2) Including crimes of obscene visual representations of child sexual abuse in sex offender registration.--Section 111(5)(A)(iii) of the Adam Walsh Child Protection and Safety Act of 2006 (34 U.S.C. 20911(5)(A)(iii)) is amended by inserting ``1466A or'' before ``1591''.”
“(b) Clarifying Production With Respect to Material Constituting or Containing Child Pornography.--Section 2252A of title 18, United States Code, is amended-- (1) in subsection (a), by striking paragraph (7) and inserting the following: ``(7) knowingly produces child pornography, as defined in section 2256(8)(C), that-- ``(A) the person knows, or has reason to know, will be mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce; ``(B) was produced using materials that have been mailed, shipped, or transported in or affecting interstate or foreign commerce; or ``(C) has been mailed, shipped, or transported using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce,''; and (2) in subsection (b)-- (A) in paragraph (1), by striking ``or (6)'' and inserting ``(6), or (7)''; and (B) by striking paragraph (3).”
“(2) Sentencing classification of offenses.--Section 3559 of title 18, United States Code, is amended-- (A) in subsection (c)(2)(F)(i), by striking ``sections 2244(a)(1) and (a)(2)'' and inserting ``subparagraphs (A) and (B) of section 2244(a)(1)''; and (B) in subsection (e)(2)(A), by striking ``2244(a)(1)'' and inserting ``2244(a)(1)(A)''. SEC. 6805. ENHANCING NECESSARY FEDERAL OFFENSES REGARDING CHILD EXPLOITATION (ENFORCE) ACT. (a) Short Title.--This section may be cited as the ``Enhancing Necessary Federal Offenses Regarding Child Exploitation Act'' or the ``ENFORCE Act''.”
“(c) Conforming Amendments Relating to Abusive Sexual Contact.-- (1) Penalties for civil rights offenses involving sexual misconduct.--Section 250(b) of title 18, United States Code, is amended-- (A) in paragraph (2), by striking ``section 2244(a)(5),'' and inserting ``section 2244(a)(1)(E), or an attempt to engage in or cause such contact as prohibited by section 2244(a)(2),''; (B) in paragraph (4), in the matter preceding subparagraph (A), by striking ``subsection (a)(1) or (b) of section 2244, but excluding abusive sexual contact through the clothing'' and inserting ``section 2244(a)(1)(A), an attempt to engage in or cause such contact as prohibited by section 2244(a)(2), or abusive sexual contact of the type prohibited by section 2244(b), but excluding abusive sexual contact through the clothing or an attempt to engage in or cause such contact''; (C) in paragraph (5), in the matter preceding subparagraph (A), by striking ``section 2244(a)(2)'' and inserting ``section 2244(a)(1)(B) or an attempt to engage in or cause such contact as prohibited by section 2244(a)(2)''; and (D) in paragraph (6), in the matter preceding subparagraph (A), by striking ``subsection (a)(3), (a)(4), or (b) of section 2244'' and inserting ``subparagraph (C) or (D) of section 2244(a)(1), an attempt to engage in or cause such contact as prohibited by section 2244(a)(2), or abusive sexual contact of the type prohibited by section 2244(b)''.”
“(2) Effective date.--The amendment to section 2241(c) of title 18, United States Code, made by paragraph (1) shall apply to conduct that occurred before, on, or after the date of enactment of this Act.”
“``(2) Penalty.--Any person who violates paragraph (1) shall be fined under this title, imprisoned as provided in the applicable provision of law described in that paragraph, or both.''; and (iv) in section 2244-- (I) in subsection (a)-- (aa) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively, and adjusting the margins accordingly; (bb) by striking ``Whoever'' and inserting the following: ``(1) In general.--Whoever''; (cc) in paragraph (1), as so designated-- (AA) in the matter preceding subparagraph (A), as so redesignated, by striking ``if so to do'' and inserting ``if to do so''; (BB) in subparagraph (A), as so redesignated, by striking ``ten'' and inserting ``10''; (CC) in subparagraph (B), as so redesignated, by striking ``three'' and inserting ``3''; (DD) in subparagraph (C), as so redesignated, by striking ``two'' and inserting ``2''; (EE) in subparagraph (D), as so redesignated, by striking ``two'' and inserting ``2''; and (FF) in subparagraph (F), as so redesignated, by striking the semicolon at the end and inserting a period; and (dd) by adding at the end the following: ``(2) Attempt.--Whoever attempts to commit an offense under paragraph (1) shall be subject to the same penalty as for a completed offense.''; (II) in subsection (b)-- (aa) by inserting ``or causes'' after ``engages in''; (bb) by inserting ``or by'' after ``sexual contact with''; (cc) by inserting ``, or attempts to do so,'' after ``other person's permission''; and (dd) by striking ``two'' and inserting ``2''; and (III) in subsection (c), by striking ``If the sexual contact that violates this section (other than subsection (a)(5)) is with an individual'' and inserting ``If the sexual contact or attempted sexual contact that a person engages in or causes in violation of this section (other than subsection (a)(1)(E)) is with or by an individual''; and (C) in section 2423(g)(1)-- (i) by striking ``a sexual act (as defined in section 2246) with'' and inserting ``any conduct involving''; and (ii) by striking ``sexual act occurred'' and inserting ``conduct occurred''.”
“(b) Kidnapping; Sexual Abuse; Illicit Sexual Conduct With Respect to Minors.-- (1) In general.--Part I of title 18, United States Code, is amended-- (A) in section 1201-- (i) in subsection (a), in the matter preceding paragraph (1), by inserting ``obtains by defrauding or deceiving any person,'' after ``abducts,''; (ii) in subsection (b), by inserting ``obtained by defrauding or deceiving any person,'' after ``abducted,''; and (iii) in subsection (g), by adding at the end the following: ``(2) Defense.--For an offense described in this subsection involving a victim who has not attained the age of 16 years, it is not a defense that the victim consented to the conduct of the offender, unless the offender can establish by a preponderance of the evidence that the offender reasonably believed that the victim had attained the age of 16 years.''; [[Page S4023]] (B) in chapter 109A-- (i) in section 2241(c), by striking ``crosses a State line'' and inserting ``travels in interstate or foreign commerce''; (ii) in section 2242(3), by striking ``, to include doing so'' and inserting ``or''; (iii) in section 2243, by adding at the end the following: ``(f) Intentional Touching Involving Individuals Under the Age of 16.-- ``(1) Offense.--It shall be unlawful, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, to knowingly cause the intentional touching, not through the clothing, of the genitalia of any person by a person who has not attained the age of 16 years, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, or attempt to do so, if to do so would violate subsection (a), (b), or (c) of this section, section 2241, or section 2242 had such intentional touching been a sexual act.”
“(2) Clerical amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 1659 the following new item: ``1660. Limitation on civil actions affected by United States sanctions.''. (3) Application.--Section 1660 of title 28, United States Code, as added by paragraph (1), applies with respect to civil actions pending on or after the date of the enactment of this Act. SEC. 6804. STRENGTHENING CHILD EXPLOITATION ENFORCEMENT ACT. (a) Short Title.--This section may be cited as the ``Strengthening Child Exploitation Enforcement Act''.”
“``(d) United States Sanctions Defined.--In this section: ``(1) In general.--The term `United States sanctions' means any prohibition, restriction, or condition on transactions involving any property in which any foreign country or national thereof has any interest that is imposed by the United States to address threats to the national security, foreign policy, or economy of the United States pursuant to-- ``(A) section 203 of the International Emergency Economic Powers Act (50 U.S.C. 1702); or ``(B) any other provision of law, including any provision of law relating to export controls. ``(2) Duties.--The term `United States sanctions' does not include the imposition of a duty on the importation of goods.''.”
“8701 et seq.) and any other laws providing for the application of sanctions with respect to Iran or Syria; ``(3) any right, remedy, or cause of action available to any party arising under or relating to the party's contractual rights (other than an action to enforce a foreign judgment or foreign arbitral award described in subsection (a)) where the parties agreed to resolve all disputes by litigation in a State or Federal court within the United States or by arbitration within the United States; or ``(4) any other right, remedy, or cause of action available to any party arising under State or Federal law (other than an action to enforce a foreign judgment or foreign arbitral award described in subsection (a)) where the underlying conduct or circumstances giving rise to the claim resulted from the imposition of United States sanctions or export controls.”
“``(c) Rule of Construction.--Nothing in this section may be construed to limit-- ``(1) the authority of the President, any delegate of the President (including the Office of Foreign Assets Control of the Department of the Treasury), or any other officer or official of the United States to bring any action or exercise any responsibility under any applicable State or Federal law; ``(2) any right, remedy, or cause of action available to a victim of international terrorism, torture, extrajudicial killing, aircraft sabotage, or hostage taking, who is, or was at the time of the victim's injury, a national of the United States, a member of the United States Armed Forces, an employee of the United States Government, or an individual performing a contract awarded by the United States Government acting within the scope of the individual's employment, or a family member of any such victim, under any applicable State or Federal law, including-- ``(A) chapter 97 of this title; ``(B) chapter 113B of title 18; and ``(C) the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C.”
“``(b) Removal and Dismissal.--An action to recognize or enforce a foreign judgment or foreign arbitral award described in subsection (a) may be removed by any defendant to the appropriate United States district court, which shall dismiss the action.”
“Limitation on civil actions affected by United States sanctions ``(a) Limitation.--Notwithstanding any provision of law, no person (other than the United States or a person acting on behalf of the United States) may bring a civil action in Federal or State court to enforce any foreign judgment or foreign arbitral award arising from a claim where-- ``(1) the underlying conduct or circumstances giving rise to the claim resulted from actions to comply with United States sanctions impeding the performance of a contract; or ``(2) the court or tribunal issuing the judgment or arbitral award asserted jurisdiction based, in whole or in part, on the imposition of United States sanctions or export controls (or any foreign law enacted in response to the imposition of United States sanctions or export controls).”
“(b) Statement of Policy.--It is the policy of the United States-- (1) to ensure that United States persons are not disadvantaged for actions or omissions undertaken to comply with United States sanctions or export controls; and (2) to ensure that foreign persons, or persons acting on their behalf, cannot obtain compensation for any action related to United States persons attempting in good faith to comply with their obligations under United States sanctions or export controls. (c) Limitation on Civil Actions Affected by United States Sanctions.-- (1) In general.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660.”
“(e) State Certifications and Training Standards.--Nothing in this section, or an amendment made by this section, shall be construed to preempt or replace the authority of any State or local government, including any Peace Officer Standards and Training entity or similar certifying body, to set and enforce certification, training, or qualification standards for law enforcement officers. SEC. 6803. PROTECTING AMERICANS FROM RUSSIAN LITIGATION ACT. (a) Short Title.--This section may be cited as the ``Protecting Americans from Russian Litigation Act of 2026''.”
“(d) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a review of the actions taken by the Attorney General pursuant to this section and the amendments made by this section; and (2) submit to Congress a report on the review conducted under paragraph (1), which shall include a description of-- (A) the process for developing and identifying curricula under section 1701(q)(1) of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (b), including the effectiveness of the consultation by the Attorney General with the agencies, associations, and organizations identified under that subsection; and (B) the certification of training programs and courses under section 1701(q)(2) of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (b), including the development of the process for certification and its implementation.”