[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3589-S3594]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6468. Mr. CORNYN (for himself, Mr. Coons, Mr. Cruz, and Mr.
Tillis) submitted an amendment intended to be proposed by him to the
bill S. 4784, to authorize appropriations for fiscal year 2027 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Judiciary Matters
SEC. ___. CARLA WALKER ACT.
(a) Short Title.--This section may be cited as the ``Carla
Walker Act''.
(b) Grants to Improve Forensic Activities.--Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10101 et seq.) is amended by adding at the end the following:
``PART PP--GRANTS TO IMPROVE FORENSIC ACTIVITIES
``SEC. 3061. DEFINITIONS.
``In this part:
``(1) Accredited forensic laboratory.--The term `accredited
forensic laboratory' means a forensic laboratory that--
``(A) is accredited by an accrediting body that is a
signatory to an internationally recognized arrangement and
that offers accreditation to forensic science conformity
assessment bodies using an accreditation standard that is
recognized by that internationally recognized arrangement; or
``(B) attests, in a legally binding and enforceable manner,
to prepare and apply for an accreditation described in
subparagraph (A) not later than 2 years after date on which
the forensic laboratory--
``(i) first receives a grant under this part; or
``(ii) first receives a request for analysis from an
eligible entity receiving a grant under this part.
``(2) FGG dna analysis and searching.--The term `FGG DNA
analysis and searching' means--
``(A) forensic genetic genealogical DNA analysis of a
forensic or reference sample of biological material by an
accredited forensic laboratory to develop a forensic genetic
genealogy profile; and
``(B) the subsequent search of that genetic genealogy
profile in a genetic genealogy service.
``(3) Forensic analysis.--The term `forensic analysis'
means an expert examination, interpretation, or test--
``(A) requested by a law enforcement agency, a coroner or
medical examiner's office, a prosecutor, a criminal suspect
or defendant, or a court; and
``(B) performed on physical or biological evidence for--
``(i) investigative purposes, including to determine the
identity of unidentified human remains; or
``(ii) prosecutorial, defense, or court-ordered judicial
purposes.
``(4) Forensic genetic genealogy profile.--The term
`forensic genetic genealogy profile' means a single
nucleotide polymorphisms-based genetic profile generated from
a forensic or reference sample by an accredited forensic
laboratory for the purpose of conducting FGG DNA analysis and
searching.
``(5) Forensic laboratory.--The term `forensic laboratory'
means a facility, entity, or site that--
``(A) offers or performs forensic analysis; and
``(B) follows appropriate evidentiary, documentation, and
quality assurance requirements for use in judicial
proceedings.
``(6) Genetic genealogy service.--The term `genetic
genealogy service' means a repository of genetic data
containing genetic profiles submitted by individuals that
permits search by a law enforcement agency for forensic
genetic genealogy purposes.
``(7) Interim policy.--The term `Interim Policy' means the
`Interim Policy on Forensic Genetic Genealogical DNA Analysis
and Searching' of the Department of Justice dated November 1,
2019, or any successor policy.
``(8) Law enforcement agency.--The term `law enforcement
agency' means an agency of the United States, a State, a
political subdivision of a State, or an Indian Tribe
authorized by law or by a government agency to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
``SEC. 3062. DNA ANALYSIS GRANTS.
``(a) Eligible Entity Defined.--In this section, the term
`eligible entity' means--
``(1) a State;
``(2) a Tribal, county, or local law enforcement agency;
``(3) a publicly funded accredited forensic laboratory;
``(4) a State, Tribal, county, or local prosecutor's office
with a forensic laboratory capability;
``(5) a medical examiner's office; and
``(6) a coroner's office.
``(b) Authorization of Grants.--The Attorney General may
award a competitive grant to an eligible entity for the
purpose of using any technology used in a forensic
laboratory--
``(1) to conduct whole genome sequencing technology to
assess not less than 100,000 genetic markers; and
``(2) that is compatible with genealogical databases.
``(c) Applications.--An eligible entity seeking a grant
under this section shall submit to the Attorney General an
application at such time and in such form as the Attorney
General may require.
``(d) Use of Grant.--An eligible entity that receives a
grant under this section shall use funds from the grant for
any of the following purposes:
``(1) To carry out DNA analyses of physical evidence
collected under applicable legal authority using the
technology described in subsection (b) if the submission of
such physical evidence to the Combined DNA Index System has
failed to produce an investigative lead.
``(2) To carry out DNA analyses of unidentified human
remains using the technology described in subsection (b) if
submission of such samples to the Combined DNA Index System
has failed to produce an investigative lead.
``(3) To outsource an activity described in paragraph (1)
or (2) for the use of technology described in subsection (b)
and searching to--
``(A) an accredited publicly funded forensic laboratory;
``(B) a medical examiner or coroner's office;
``(C) a State, Tribal, county, or local prosecutor's office
with a forensic laboratory capability; or
``(D) a nongovernmental accredited forensic laboratory.
``(e) Requirements and Limitations With Respect to Genetic
Genealogy.--An eligible entity that receives a grant under
this section--
``(1) with respect to a forensic profile derived from a
candidate forensic sample for which a sufficient quantity of
DNA exists and which meets the eligibility requirements of
the Combined DNA Index System, before attempting to use FGG
DNA analysis and searching with respect to the forensic
profile--
``(A) shall upload the forensic profile to the Combined DNA
Index System; and
``(B) may only proceed with FGG DNA analysis and searching
if a search of the uploaded forensic profile in the Combined
DNA Index System fails to produce a probative and confirmed
DNA match;
``(2) with respect to an eligible entity that is a law
enforcement agency, may not arrest a suspect based solely on
a genetic association generated by a genetic genealogy
service;
``(3) with respect to an eligible entity that is a law
enforcement agency or an entity conducting genetic
genealogical research on behalf of a law enforcement agency
or to inform a criminal investigation, shall--
``(A) identify as a law enforcement agency to any genetic
genealogy service; and
``(B) enter and search forensic genetic genealogy profiles
only in a genetic genealogy service that provides explicit
notice to users of the genetic genealogy service and the
public that law enforcement may use the genetic genealogy
service to investigate crimes or identify unidentified human
remains;
``(4) shall seek informed consent from third parties before
collecting reference samples directly from an individual that
will be used for FGG DNA analysis and searching, unless case-
specific circumstances provide reasonable grounds to believe
that this requirement would compromise the integrity of an
investigation;
``(5) shall treat all forensic genetic genealogy profiles
and genetic genealogy service
[[Page S3590]]
account information and data as confidential government
information consistent with any applicable laws, regulations,
policies, and procedures;
``(6) shall use biological samples and forensic genetic
genealogy profiles only for law enforcement identification
purposes;
``(7) shall take all reasonable and necessary steps and
precautions to ensure that others who have authorized access
to biological samples and forensic genetic genealogy profiles
follow the same limitation of use of those samples required
under paragraph (6);
``(8) whenever possible, shall use only genetic genealogy
services that configure service site user settings that
control access to forensic genetic genealogy profile data and
associated account information in a manner that will prevent
that data and information from being viewed by other service
users;
``(9) shall conduct covert collection of a DNA sample for
the purpose of performing FGG DNA analysis and searching in
accordance with applicable State and Federal law; and
``(10) may not use a biological sample or a forensic
genetic genealogy profile to determine the genetic
predisposition for disease or any other medical condition or
psychological trait of the donor of the sample or profile.
``(f) Regulations.--Not later than 1 year after the date of
enactment of this section, the Attorney General shall
promulgate regulations to promote the reasoned exercise of
investigative, scientific, and prosecutorial discretion in
cases that involve forensic genetic genealogical DNA analysis
and searching. Such regulations shall incorporate the
requirements and limitations set forth under subsection (e).
``(g) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Attorney General to carry out this section $5,000,000
for each of fiscal years 2027 through 2031.
``(2) Limitations on use.--
``(A) In general.--Amounts appropriated to carry out this
section--
``(i) subject to subparagraph (B), shall only be made
available to carry out forensic genetic genealogical
analysis; and
``(ii) shall not be made available for staffing, training,
travel, or equipment.
``(B) Administrative costs.--The Attorney General may use
not more than 10 percent of amounts appropriated to carry out
this section for administrative costs.
``SEC. 3063. GRANTS FOR FORENSIC EQUIPMENT AND DATABASE
SEARCHING.
``(a) Eligible Entity Defined.--In this section, the term
`eligible entity' means--
``(1) a publicly funded accredited forensic laboratory;
``(2) a State, county, local, or Tribal prosecutor's office
with a forensic laboratory capability;
``(3) a medical examiner's office; and
``(4) a coroner's office.
``(b) Authorization of Grants.--The Attorney General may
award a grant to an eligible entity for the purpose of--
``(1) purchasing equipment for FGG DNA analysis and
searching; or
``(2) funding searches to generate investigative leads for
criminal investigations or unidentified human remains.
``(c) Applications.--An eligible entity seeking a grant
under this section shall submit to the Attorney General an
application at such time and in such form as the Attorney
General may require.
``(d) Use of Funds.--An eligible entity that receives a
grant under this section shall use funds from the grant--
``(1) to purchase forensic equipment, including supplies,
reagents, consumables, and validation expenses, for genetic
genealogy techniques to generate investigative leads for
criminal investigations or unidentified human remains; and
``(2) for genealogical database searching.
``(e) Department of Justice Policy.--Other than an activity
involving unidentified human remains, an activity carried out
using funding from a grant under this section shall be
carried out in compliance with--
``(1) the Interim Policy; and
``(2) the regulations promulgated under section 3062(f).
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to the Attorney General to
carry out this section $5,000,000 for each of fiscal years
2027 through 2031.
``SEC. 3064. ADMINISTRATIVE PROVISIONS.
``(a) Regulations.--The Attorney General may promulgate
guidelines, regulations, and procedures to carry out this
part, including guidelines, regulations, and procedures
relating to the submission and review of applications for
grants under sections 3062 and 3063.
``(b) Accountability.--
``(1) Records.--An eligible entity that receives a grant
under this part shall maintain such records as the Attorney
General may require to facilitate an effective audit relating
to the receipt of the grant, the use of amounts from the
grant, outsourcing activities, and compliance with--
``(A) section VIII, entitled `Sample and Data Control and
Disposition', of the Interim Policy; and
``(B) the regulations promulgated under section 3062(f).
``(2) Access.--For the purpose of conducting audits and
examinations, the Attorney General shall have access to any
book, document, or record of an eligible entity that receives
a grant under this part, a State or unit of local government
within which the eligible entity operates, and any entity to
which the eligible entity outsources work using amounts from
the grant if the Attorney General determines that the book,
document, or record relates to--
``(A) the receipt of the grant;
``(B) the use of funds from the grant; or
``(C) compliance with--
``(i) section VIII, entitled `Sample and Data Control and
Disposition', of the Interim Policy; or
``(ii) the regulations promulgated under section 3062(f).
``(3) Suspension and debarment.--In carrying out this part,
the Attorney General shall comply with part 180 of title 2,
Code of Federal Regulations, or any successor regulation.
``SEC. 3065. REPORTS.
``Not later than1 year after the date on which an eligible
entity receives the final disbursement of funds from a grant
under section 3062 or 3063, the eligible entity shall submit
to the Attorney General a report that includes--
``(1) the amount of funding the eligible entity received
from the grant for each fiscal year for which the grant was
awarded;
``(2) the number of cases for which the eligible entity
submitted for testing using FGG DNA analysis and searching
during the previous year;
``(3) the number of cases for which the eligible entity
performed testing using FGG DNA analysis and searching during
the previous year;
``(4) the type of testing relating to FGG DNA analysis and
searching performed by the eligible entity during each year
for which the grant was awarded, including--
``(A) the name of any laboratory to which the eligible
entity outsourced the testing;
``(B) the type of sequencing equipment and method used for
the testing; and
``(C) the results of the testing, such as whether the
testing resulted in successful victim or perpetrator
identification, no identification, ongoing analysis, or
incomplete analysis, and the time it took to obtain a result;
``(5) during each year for which the grant was awarded, the
number of cases in which FGG DNA analysis and searching--
``(A) resulted in a searchable profile in a publicly
available genetic genealogy service;
``(B) generated a lead resulting in a victim or perpetrator
identification;
``(C) generated a lead but did not generate a victim or
perpetrator identification; and
``(D) did generate a lead and resulted in a victim or
perpetrator identification by the end of the grant period
directly resulting in an arrest; and
``(6) during each year for which the grant was awarded, the
average number of days it took to make any identification
between the date of sample submission for FGG DNA analysis
and searching and the date of delivery of test results to the
requesting office or agency.
``SEC. 3066. NO PREEMPTION.
``Nothing in this part shall be construed to preempt any
law (including a regulation) of a State, or a political
subdivision of a State, containing requirements that provide
equivalent or greater protection than the requirements of
this part.''.
(c) Department of Justice Report.--Not later than 3 years
after the date of enactment of this Act, the Attorney
General, in consultation with the Forensic Laboratory Needs
Working Group of the National Institute of Justice, shall
submit to Congress a report--
(1) on the awards and practices reported to the Attorney
General under section 3065 of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as added by this
section;
(2) on forensic genetic genealogy analysis technologies and
how best to implement forensic genetic genealogy analysis for
eligible entities (as defined in section 3063(a) of title I
of the Omnibus Crime Control and Safe Streets Act of 1968, as
added by this section); and
(3) that includes any recommendations relating to--
(A) expected funding needs; and
(B) whether regulations are needed for the use of forensic
genetic genealogy analysis technology.
SEC. ___. PROMOTING POLICE LEADERSHIP ACT.
(a) Short Title.--This section may be cited as the
``Promoting Police Leadership Act''.
(b) Commander Curriculum Development.--
(1) Definitions.--Section 901(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10251(a)) is amended--
(A) in paragraph (32), by striking ``and'' at the end;
(B) in paragraph (33)(B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(34) the term `command-level personnel' means law
enforcement officers employed by a State, local, or Tribal
law enforcement agency whose responsibilities include
managing, directing, or overseeing law enforcement operations
within a geographic subunit of the jurisdiction in which such
agency has primary responsibility for law enforcement
activities.''.
(2) Cops program.--Section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381)
is amended by adding at the end the following:
[[Page S3591]]
``(q) Training in Improving Police Command-level Personnel
Leadership, Management, and Effectiveness.--
``(1) Training curricula.--
``(A) In general.--Not later than 180 days after the date
of enactment of this subsection, the Attorney General shall
develop training curricula or identify effective existing
training curricula for command-level personnel relating to--
``(i) leadership and strategic thinking;
``(ii) critical incident response and management, including
understanding, preparing for, and responding to the effect of
critical incidents on officers and communities;
``(iii) risk management;
``(iv) officer wellness;
``(v) data analysis and data-driven policing tactics;
``(vi) evidence-based decision making; and
``(vii) building community trust.
``(B) Requirements.--The training curricula developed or
identified under this paragraph shall include--
``(i) primarily in-person instruction and peer-to-peer
learning;
``(ii) a framework for a practical, evidence-based problem
solving component under which participating command-level
personnel--
``(I) identify and develop a proposed solution to a
leadership, operational, or management challenge relevant to
personnel in the command-level personnel's employing law
enforcement agency;
``(II) receive feedback from curriculum instructors and
other participating command-level personnel to refine the
proposed solution accordingly to meet the needs of the law
enforcement agency and community served; and
``(III) present a final, implementable product emphasizing
evidence-based strategies to program instructors and the
command-level personnel's district or geographic command; and
``(iii) the incorporation of pre-course and post-course
assessments to measure knowledge acquisition and leadership
competencies relevant to the training curricula.
``(C) Consultation.--The Attorney General shall develop and
identify training curricula under this paragraph in
consultation with relevant law enforcement agencies of States
and units of local government, organizations and fraternal
associations representing law enforcement officers,
universities with appropriate law enforcement or leadership
programs, and any other entities the Attorney General
determines appropriate.
``(2) Certified programs and courses.--
``(A) In general.--Not later than 180 days after the date
on which training curricula are developed or identified under
paragraph (1), the Attorney General shall establish a process
to--
``(i) certify training programs and courses offered to
command-level personnel which incorporate 1 or more of the
training curricula developed or identified under paragraph
(1), or equivalents to such training curricula, which may
include certifying training programs or courses offered on or
before the date on which the Attorney General establishes the
process; and
``(ii) terminate the certification of a training program or
course that fails to meet the standards developed or
identified under paragraph (1).
``(B) Partnerships with educational institutions.--Not
later than 180 days after the date on which training
curricula are developed or identified under paragraph (1),
the Attorney General shall develop criteria to ensure that
entities which offer training programs or courses that are
certified under subparagraph (A) collaborate with educational
institutions to evaluate and continuously improve the
curricula and coursework of those educational institutions.
``(3) List.--Not later than 1 year after the date on which
the Attorney General completes the activities required under
paragraphs (1) and (2), the Attorney General shall publish a
list of law enforcement agencies of States and units of local
government employing law enforcement officers who have
successfully completed a course using the training curricula
developed or identified under paragraph (1), or equivalents
to such training curricula, which shall include--
``(A) the total number of law enforcement officers that are
employed by the law enforcement agency; and
``(B) the number of law enforcement officers who have
completed such a course.''.
(c) Attorney General Reports.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter until the date
that is 3 years after the date of enactment of this Act, the
Attorney General shall submit to Congress a report on the
activities carried out as a result of the amendments made
under subsection (b).
(2) Contents.--Each report under paragraph (1) shall
include, at a minimum, information on--
(A) steps taken by the Attorney General to develop or
identify curricula under section 1701(q)(1) of the Omnibus
Crime Control and Safe Streets Act of 1968, as added by
subsection (b);
(B) any assessments conducted or identified by the Attorney
General on the effectiveness and utilization of curricula
developed or identified under section 1701(q)(1) of the
Omnibus Crime Control and Safe Streets Act of 1968, as added
by subsection (b);
(C) recommendations for curriculum updates and
improvements; and
(D) barriers to training implementation.
(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.
(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. ___. PROTECTING AMERICANS FROM RUSSIAN LITIGATION ACT.
(a) Short Title.--This section may be cited as the
``Protecting Americans from Russian Litigation Act of 2026''.
(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. 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) 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.
``(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. 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
[[Page S3592]]
giving rise to the claim resulted from the imposition of
United States sanctions or export controls.
``(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.''.
(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. ___. STRENGTHENING CHILD EXPLOITATION ENFORCEMENT ACT.
(a) Short Title.--This section may be cited as the
``Strengthening Child Exploitation Enforcement Act''.
(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.'';
(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) 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''.
(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.
(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) 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. ___. 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''.
(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).
(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''.
(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
[[Page S3593]]
``(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).''.
(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.''.
(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. ___. 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. 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
courts, and limited-jurisdiction courts at the State and
local levels.''.
(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.''.
(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. ___. 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''.
(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.
(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) 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.
``(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.
``(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. 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).
``(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
[[Page S3594]]
Leaving Employment and Activity Restrictions Path Act.''.
(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. 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).
``(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)(1)(A)) is amended
by ______