Epstein Files Transparency Act II

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9694 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                                H. R. 9694

To amend the Epstein Files Transparency Act with respect to enforcement
       by an attorney general of a State, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2026

     Mr. Massie (for himself, Mr. Khanna, and Ms. Leger Fernandez)
 introduced the following bill; which was 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, and for other purposes.

    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 THE EPSTEIN FILES TRANSPARENCY ACT.

    (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 AND BY VICTIMS.

    ``(a) Action Authorized.--
            ``(1) In general.--The attorney general of a State, a
        district attorney, or other authorized State officer may bring
        an action on behalf of such State or the residents thereof, and
        a victim may bring 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, district attorney, or other authorized state officer,
        or, in the case of an action brought by a victim, in any
        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 of 28
        CFR Sec. Sec. 16.21-16.29 shall not apply to any request for,
        or production of, records pursuant to this Act. An attorney
        general of a State, district attorney, or other authorized
        State officer shall not be required to comply with any
        provision of such regulations as a condition of obtaining,
        retaining, using, or disclosing records produced under this
        Act, and no Federal agency may invoke such 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, district attorney, or other
        authorized State officer arising from the USDOJ's 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), 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 all investigations
        currently pending before an attorney general of a State,
        district attorney, or other authorized State officer at the
        time of enactment, without regard to whether such investigation
        was initiated prior to the date of enactment. No provision of
        this Act shall be construed to limit its application solely to
        investigations commenced after the date of enactment, 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.
    ``(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 such Member 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
                shall, not later than 30 calendar days after receiving
                such notice, remedy the alleged violation or provide
                the Member 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, failure to
        provide the written justification required under paragraph
        (1)(B), 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 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.--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 such individual's name or personally
                        identifiable information 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)(1) of the Epstein Files
Transparency Act (Public Law 119-38; 139 Stat. 657) is amended--
            (1) in subparagraph (C), by striking the semicolon at the
        end and inserting ``; or'';
            (2) in subparagraph (D), by striking ``; or'' and inserting
        a period; and
            (3) by striking subparagraph (E).
    (d) Permitted Withholdings Cont.--Section 2(c)(2) of the Epstein
Files Transparency Act (Public Law 119-38; 139 Stat. 657) is amended by
striking ``All redactions'' before ``must be accompanied by a written
justification'' and inserting ``Each redaction''.
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