SenateS. 5005119th Congress
Epstein Files Transparency Act II
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5005 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5005
To amend the Epstein Files Transparency Act with respect to enforcement
by an attorney general of a State.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2026
Mr. Merkley (for himself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Epstein Files Transparency Act with respect to enforcement
by an attorney general of a State.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Epstein Files Transparency Act II''.
SEC. 2. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.
(a) Enforcement to the Epstein Files Transparency Act.--The Epstein
Files Transparency Act (Public Law 119-38; 139 Stat. 656) is amended by
adding at the end the following:
``SEC. 4. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.
``(a) Action Authorized.--
``(1) In general.--The attorney general of a State, a
district attorney, or any other authorized State officer may
bring an action on behalf of such State or the residents
thereof, and a victim may bring an action on behalf of such
victim, against the Attorney General of the United States
alleging an unlawful withholding, redaction, delay, removal,
concealment, failure to publish, failure to produce, or failure
to justify a withholding or redaction of a record, document,
communication, or investigative material described in section
2(a) in the United States District Court for the District of
Columbia, in any United States district court located in the
State on behalf of which the action is brought by an attorney
general of a State, a district attorney, or any other
authorized State officer, or, in the case of an action brought
by a victim, in any United States district court located in the
State in which the victim resides, to obtain declaratory
relief, injunctive relief, monetary relief, costs, reasonable
attorney's fees, and any other appropriate equitable relief.
``(2) Consideration.--The court shall advance on the docket
and expedite the disposition of a civil action filed under this
subsection to the greatest extent practicable.
``(3) Harm.--For purposes of this subsection, a State, a
resident of a State, or a State or local law enforcement agency
shall be considered to have been harmed if the State, the
residents of a State, or a State or local law enforcement
agency have experienced harm, including investigative harm,
harassment, inability to corroborate reports to law
enforcement, inability to obtain a victim statement,
informational injury, financial harm in excess of $100, or any
other harm as a result of the noncompliance of the Attorney
General of the United States with this Act.
``(4) Effect on touhy regulations.--The requirements under
sections 16.21 through 16.29 of title 28, Code of Federal
Regulations, shall not apply to any request for, or production
of, records pursuant to this Act. An attorney general of a
State, a district attorney, or any other authorized State
officer shall not be required to comply with any provision of
those regulations as a condition of obtaining, retaining,
using, or disclosing records produced under this Act, and no
Federal agency may invoke those regulations as grounds to
withhold, redact, delay, or condition the production of any
record required to be disclosed under this Act. The statutory
rights and enforcement mechanisms established by this Act shall
constitute the exclusive procedural framework governing State
law enforcement access to records covered by this Act.
``(5) No preclusion of alternative causes of action.--
Nothing in this Act shall be construed to limit, displace, or
preclude any other cause of action, claim, or remedy available
to an attorney general of a State, a district attorney, or any
other authorized State officer arising from the withholding,
redaction, delay, removal, concealment, failure to publish,
failure to produce, or failure to justify a withholding or
redaction of any record, document, communication, or
investigative material described in section 2(a) by the
Department of Justice, and the enforcement avenues provided
under this Act shall be deemed cumulative of, and in addition
to, any such cause of action, claim, or remedy otherwise
available at law or in equity.
``(6) Applicability to existing investigations.--The
provisions of this Act shall apply to any investigation
currently pending before an attorney general of a State, a
district attorney, or any other authorized State officer on the
date of enactment of the Epstein Files Transparency Act II,
without regard to whether such investigation was initiated
prior to the date of enactment of that Act. No provision of
this Act shall be construed to limit the application of this
section solely to investigations commenced after the date of
enactment of the Epstein Files Transparency Act II, and any
attorney general of a State, district attorney, or other
authorized State officer with an active investigation into
matters described in section 2(a) shall be entitled to the full
benefit of the rights, procedures, and enforcement mechanisms
established herein as of the date of enactment of the Epstein
Files Transparency Act II.
``(b) Victim Access to Unredacted Records.--
``(1) Right of access.--Upon request by a victim, the
Attorney General of the United States shall provide the victim
with the full, unredacted records, documents, communications,
or investigative materials described in section 2(a), including
FD-302 files, that identify, describe, reference, quote,
summarize, document, or otherwise relate to such victim, the
parents, siblings, or legal guardians of such victim, or the
harm suffered by the victim.
``(2) Protections of other victims.--
``(A) In general.--In complying with a request of a
victim under paragraph (1), the Attorney General of the
United States may redact segregable portions of the
records described in paragraph (1) that contain
personally identifiable information of any other victim
or the personal and medical files and similar files of
any other victim the disclosure of which would
constitute a clearly unwarranted invasion of personal
privacy.
``(B) Clarification.--Nothing in paragraph (1)
shall be construed to entitle a requesting victim to
obtain any record, or segregable portion of a record,
that relates to another victim. A requesting victim
shall be entitled only to records, or portions of
records, that identify, describe, reference, quote,
summarize, document, or otherwise relate to the
requesting victim.
``(3) Action authorized.--
``(A) In general.--A victim alleging an unlawful
withholding, redaction, delay, removal, concealment,
failure to produce, failure to respond, or failure to
justify a withholding or redaction of a record required
to be provided under this subsection shall have
standing to bring an action against the Attorney
General of the United States in the United States
District Court for the District of Columbia or in any
United States district court located in the State in
which the victim resides to obtain declaratory relief,
injunctive relief, monetary relief, costs, reasonable
attorney's fees, and any other appropriate equitable
relief.
``(B) Consideration.--The court shall advance on
the docket and expedite the disposition of a civil
action filed under this paragraph to the greatest
extent practicable.
``(c) Production of Records Redacted From Public View.--
``(1) Production required.--For the purposes of any
investigation or judicial proceeding conducted or brought by
the attorney general of a State, a district attorney, or other
authorized State officer that requests access to information
permitted to be withheld or redacted under section 2(c)(1), the
Attorney General of the United States shall make available for
full, unredacted access to, and copies of, any such record,
document, communication, or investigative material described in
section 2(a).
``(2) Possession and use.--An attorney general of a State,
district attorney, or other authorized State officer receiving
records under paragraph (1) may possess, review, copy, retain,
use, and disclose such records as necessary for any
investigation, enforcement action, prosecution, civil action,
or other judicial proceeding, subject to any protective order
entered by a court to protect the personally identifiable
information of victims.
``(3) Court filings.--Records produced under this
subsection may be filed, submitted, quoted, described, or
otherwise used in any Federal or State court proceeding, except
that any portion of the record containing information protected
from public disclosure under section 2(c)(1) shall be filed
under seal or otherwise protected pursuant to an appropriate
protective order unless the court determines that public
disclosure--
``(A) is authorized by law; and
``(B) does not reveal to the public personally
identifiable information of any victim or the personal
and medical files and similar files of any victim the
disclosure of which would constitute a clearly
unwarranted invasion of personal privacy.
``(4) No limitation to in camera review.--Production under
this subsection shall not be limited to in camera review, and
no protective order may prohibit the requesting attorney
general of a State, district attorney, or other authorized
State officer from possessing or using the records as necessary
for an investigation or judicial proceeding consistent with
this subsection.
``(d) Review and Use of Classified Materials.--
``(1) In general.--For purposes of any investigation or
judicial proceeding conducted or brought by the attorney
general of a State, district attorney, or other authorized
State officer requesting access to classified records described
in section 2(a), the Attorney General of the United States
shall make available to such attorney general of a State,
district attorney, or other authorized State officer for full,
unredacted review any such classified record.
``(2) Access.--Access under paragraph (1) shall be provided
in a secure facility and under procedures approved by the court
to protect information that is properly classified pursuant to
criteria established by executive order, including review by
the court, the requesting attorney general of a State, district
attorney, or other authorized State officer, and such counsel,
as the court determines are necessary and appropriate.
``(3) Protective procedures.--The Attorney General of the
United States may not refuse, delay, or object to access under
paragraph (1) on the grounds that the material is classified,
but may request protective procedures governing the storage,
handling, review, use, and filing of classified portions of the
material.
``(4) Use of classified portions.--Classified portions of
records described in section 2(a) may be submitted, described,
quoted, or otherwise used in any Federal or State court
proceeding under seal, in camera, and ex parte if necessary.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to authorize the public release of
classified information except in accordance with section
2(c)(3).
``(e) Congressional Access.--
``(1) Compliance.--
``(A) Access.--Notwithstanding section 2(c) or any
other provision of law, upon the written request of any
Member of Congress, the Attorney General of the United
States shall, not later than 7 calendar days after
receiving the request, provide the Member of Congress
with full, unredacted access to any record described in
section 2(a).
``(B) Release.--Upon receipt of written notice from
any Member of Congress alleging that the Attorney
General of the United States has unlawfully withheld or
redacted material under this Act or otherwise violated
any requirement of this Act, the Attorney General of
the United States shall, not later than 30 calendar
days after receiving such notice, remedy the alleged
violation or provide the Member of Congress with a
written justification demonstrating that the actions
identified in the notice were in compliance with this
Act.
``(2) Action authorized.--A Member of Congress who has
submitted a request under paragraph (1)(A) or written notice
under paragraph (1)(B) and, after expiration of the applicable
period under paragraph (1), alleges that the Attorney General
of the United States failed to comply with such request or
notice, or any other provision of this Act, including through
an unlawful withholding, redaction, delay, removal,
concealment, failure to produce, failure to respond, or failure
to provide the written justification required under paragraph
(1)(B) or if the provision of a written justification is
materially false, misleading, or otherwise fails to demonstrate
compliance with this Act, shall have a cause of action against
the Attorney General of the United States in the United States
District Court for the District of Columbia or in any United
States district court for a judicial district that includes any
portion of the State, congressional district, territory, or
district represented by the Member of Congress for any
violation of any provision of this Act.
``(3) Relief.--In an action brought under paragraph (2),
the court may--
``(A) declare that the Attorney General of the
United States has failed to comply with this Act;
``(B) enjoin any continued withholding, redaction,
delay, removal, concealment, or other noncompliance;
``(C) declare that a written justification provided
under paragraph (1)(B) is materially false, misleading,
or otherwise fails to demonstrate compliance with this
Act;
``(D) compel compliance with this Act through a
writ of mandamus or any other appropriate equitable
remedy; and
``(E) award costs and reasonable attorney's fees.
``(f) Penalties.--
``(1) In general.--Any officer or employee of the
Department of Justice, the Federal Bureau of Investigation, or
United States Attorneys' offices, including the Attorney
General of the United States and the Director of the Federal
Bureau of Investigation, who conceals, removes, destroys,
mutilates, falsifies, withholds, misrepresents, or makes a
materially false statement or certification concerning any
record, document, communication, investigative material
justification, report, summary, or publication required under
this Act shall be fined or imprisoned under sections 1001,
1505, 1519, and 2071 of title 18, United States Code, as
applicable, provided that the relevant mens rea requirements
under those statutes shall be required to be met.
``(2) Obstruction of proceedings before departments,
agencies, and committees.--For purposes of section 1505 of
title 18, United States Code, any congressional review,
hearing, inquiry, report, certification, or enforcement
proceeding relating to compliance with this Act shall be deemed
a proceeding before a department, agency, or committee of
Congress.
``(3) Destruction, alteration, or falsification of records
in federal investigations and bankruptcy.--For purposes of
section 1519 of title 18, United States Code, compliance with
this Act shall be deemed a matter within the jurisdiction of a
department or agency of the United States.
``(g) Definitions.--In this section:
``(1) Victim.--
``(A) In general.--The term `victim' means any
individual who was directly harmed by any sexual abuse,
trafficking, forced labor, commercial sex act, abuse or
exploitation of a minor, or related criminal conduct
involving Jeffrey Epstein, Ghislaine Maxwell, or the
criminal network led by Epstein and Maxwell, and who--
``(i) has been identified, designated,
recognized, or otherwise treated, including by
redacting the name or personally identifiable
information of the individual in a record
described in section 2, as a victim of Jeffrey
Epstein, Ghislaine Maxwell, or the criminal
network led by Epstein and Maxwell by the
Department of Justice, the Federal Bureau of
Investigation, a United States Attorney's
office, or a Federal court;
``(ii) is associated with an FD-302 file or
other investigative record in the possession of
the Federal Bureau of Investigation or the
Department of Justice relating to Jeffrey
Epstein, Ghislaine Maxwell, or the criminal
network led by Epstein and Maxwell; or
``(iii) submits a sworn declaration or
affidavit making an allegation of such harm
involving Jeffrey Epstein, Ghislaine Maxwell,
or the criminal network led by Epstein and
Maxwell.
``(B) Exclusion.--The term `victim' shall not
include any individual whose claim of being a victim
arises from such individual's own participation in,
solicitation of, facilitation of, concealment of, or
benefit from the criminal conduct involving Jeffrey
Epstein, Ghislaine Maxwell, or the criminal network led
by Epstein and Maxwell, unless such individual's
involvement in that conduct originated from being
trafficked, sexually abused, or otherwise directly
harmed by sexual abuse, sex trafficking, forced labor,
or abuse or exploitation of a minor involving Jeffrey
Epstein, Ghislaine Maxwell, or the criminal network led
by Epstein and Maxwell.
``(2) Criminal network.--The term `criminal network' means
any individual or entity that knowingly participated in,
assisted, facilitated, funded, concealed, profited from,
obstructed investigation of, or otherwise enabled any sexual
abuse, sex trafficking, forced labor, commercial sex act, abuse
of a minor, financial exploitation, money laundering, bribery,
extortion, racketeering activity, or other related criminal
conduct involving Jeffrey Epstein or Ghislaine Maxwell.''.
(b) Prohibited Withholdings Further Clarified.--Section 2(b) of the
Epstein Files Transparency Act (Public Law 119-38; 139 Stat. 657) is
amended by adding after paragraph (1) the following new paragraph:
``(2) The Attorney General of the United States may not
invoke any common law privilege, including the deliberative
process privilege, attorney-client privilege, attorney work-
product privilege, or law enforcement privilege, to withhold,
delay, or redact any record, document, communication, or
investigative material described in subsection (a), except as
expressly permitted under subsection (c).''.
(c) Permitted Withholdings.--Section 2(c) of the Epstein Files
Transparency Act (Public Law 119-38; 139 Stat. 657) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking the semicolon
at the end and inserting ``; or'';
(B) in subparagraph (D), by striking ``; or'' and
inserting a period; and
(C) by striking subparagraph (E); and
(2) in paragraph (2), by striking ``All redactions'' and
inserting ``Each redaction''.
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