PolicyBrief
S. 5005
119th CongressJul 15th 2026
Epstein Files Transparency Act II
IN COMMITTEE

The Epstein Files Transparency Act II strengthens accountability by granting victims, state officials, and members of Congress enhanced legal authority to access unredacted records and enforce compliance regarding the Jeffrey Epstein investigation.

Jeff Merkley
D

Jeff Merkley

Senator

OR

LEGISLATION

Epstein Files Transparency Act II: New Lawsuits and Criminal Penalties Target Federal Record Withholding

This bill, the Epstein Files Transparency Act II, is designed to blow the doors off the secrecy surrounding the Jeffrey Epstein and Ghislaine Maxwell criminal network. It moves beyond simple disclosure by giving state officials and victims the legal teeth to sue the U.S. Attorney General if records are hidden, redacted without a solid reason, or just plain delayed. By stripping away common-law excuses like 'attorney-client privilege' that usually keep government files under lock and key, the bill aims to ensure that investigative materials—including the infamous FBI FD302 interview forms—actually see the light of day. For anyone who has felt that federal investigations are a 'black box,' this legislation creates a direct path for state-level prosecutors and victims to demand answers in court.

Empowering Victims and Local Prosecutors

Under Section 2, the bill changes the game for victims by granting them the right to access their own unredacted records. Imagine being a survivor who has been told for years that your own statement is 'classified' or 'restricted'; this bill mandates that the U.S. Attorney General hand those files over, only allowing redactions to protect the privacy of other victims. It also gives local District Attorneys and State Attorneys General a VIP pass to these records. If a state official is running an investigation, the federal government can no longer hide behind 'Touhy regulations'—the bureaucratic red tape often used to block federal employees from testifying or sharing documents. Whether it’s a local DA in Florida or a state AG in New York, they can now use these unredacted files in their own court proceedings, provided they keep sensitive victim info under seal.

Real Consequences for Paper Trails

The bill doesn’t just ask nicely; it introduces serious personal stakes for federal employees. Section 2 establishes that any DOJ or FBI official—including the big bosses like the FBI Director—who intentionally conceals, falsifies, or destroys these records could face fines or prison time under existing federal fraud and obstruction laws. For a mid-level staffer at the DOJ, the risk of a felony charge for 'misrepresenting' a record is a massive shift from the usual slap-on-the-wrist administrative slap. By explicitly stating that congressional oversight of these files counts as an official proceeding, the bill makes it much harder for agencies to stall or mislead lawmakers without risking criminal liability.

Cutting Through the Classified Fog

One of the biggest hurdles in high-profile cases is the 'classified' stamp. This bill addresses that head-on by requiring the U.S. Attorney General to provide unredacted access to classified materials for state investigations, so long as they are reviewed in a secure facility (a SCIF). It also fast-tracks the process for Members of Congress, requiring the DOJ to respond to their record requests within just seven days. While there is a risk that the 'Medium' level of vagueness regarding what constitutes 'investigative harm' could lead to a flood of lawsuits that clog up the D.C. District Court, the bill’s clear intent is to shift the burden of proof. Instead of the public proving they have a right to know, the government must now individually justify every single black bar on a page or face a judge.