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Floor Speech
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Mr. SCHUMER. Mr. President, finally on Virginia's Law, in a few minutes, I will go to a press conference where I will be joined by some truly courageous and inspiring individuals.
This morning, I will join with over half a dozen women who endured unimaginable horrors because of Jeffrey Epstein. I will also join with Sky and Amanda Roberts, the brother and sister of Virginia Giuffre, the late Epstein survivor who spoke out on behalf of so many.
I am wearing this blue butterfly to show solidarity with them.
Today, we will introduce Virginia's Law, a simple but essential piece of legislation eliminating the statute of limitations that has shielded horrific criminals like Jeffrey Epstein and denied survivors of the ability to hold them accountable.
I thank Representative Teresa Leger Fernandez of New Mexico for working with me on this bill.
For years, survivors who were abused, trafficked, and exploited by Jeffrey Epstein were ignored by the justice system. They were told nobody believes them. They were told to be silent.
When the truth about Jeffrey Epstein finally started to come out, when the world started listening to their stories, oftentimes, the laws on the books said: Sorry, it is too late. The deadline to bring your case has passed.
Virginia's Law will change that because justice for victims of abuse should not have an expiration date.
Congress should pass this law immediately. We know when Congress has the will, it can pass legislation with lightning speed. We passed the Epstein Files Transparency Act through both Chambers in a day. There is no reason to delay this bill, which I will introduce later today.
I will have more to say later this morning. But for now, I simply want to thank all the survivors and family members who are here today at the Capitol. Their courage is inspiring. They have come a long way from across the country, taking red eyes and flying overnight so they can be here for this important moment. Their decision to be here today, to push Virginia's Law, will ensure others get the justice that they have been wrongly denied for far too long.
Again, I want to thank Virginia Giuffre's family who will also attend today. What they have gone through is unimaginable. Virginia was courageous and an inspiration to every single one of us. After facing unimaginable horrors, she spoke out--spoke out for those who could not speak for themselves.
Advancing this bill will help her legacy live on by ensuring justice for all survivors. S. 3815
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 ``Virginia's Law''. SEC. 2. CIVIL REMEDIES.
(a) Sexual Abuse.--
(1) In general.--Chapter 109A of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2249. Civil remedy
``(a) An individual who is a victim of a violation of this chapter may bring a civil action against the perpetrator (or whoever knowingly benefits, or attempts or conspires to benefit, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter) in any district court of the United States that has jurisdiction to hear a criminal prosecution arising out of the same conduct or occurrence and may recover damages and reasonable attorneys fees.
``(b)(1) Any civil action filed under subsection (a) shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.
``(2) In this subsection, the term `criminal action' includes investigation and prosecution and is pending until final adjudication in the trial court.
``(c)(1) Subject to paragraph (2), no action may be maintained under subsection (a) unless it is commenced not later than the later of--
``(A) 10 years after the cause of action arose; or
``(B) 10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense.
``(2) There shall be no time limit for the filing of a complaint commencing an action under this section relating to an alleged violation of section 2241, 2242, or 2243.''.
(2) Clerical amendment.--The table of sections for chapter 109A of title 18, United States Code, is amended by adding at the end the following: ``2249. Civil remedy.''.
(b) Transportation for Illegal Sexual Activity and Related Crimes.--
(1) In general.--Chapter 117 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 2430. Civil remedy
``(a) An individual who is a victim of a violation of this chapter may bring a civil action against the perpetrator (or whoever knowingly benefits, or attempts or conspires to benefit, financially or by receiving anything of value from participation in a venture which that person knew or should have known has engaged in an act in violation of this chapter) in any district court of the United States that has jurisdiction to hear a criminal prosecution arising out of the same conduct or occurrence and may recover damages and reasonable attorneys fees.
``(b)(1) Any civil action filed under subsection (a) shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.
``(2) For purposes of this subsection, a `criminal action'--
``(A) includes investigation and prosecution; and
``(B) is pending until final adjudication in the trial court.
``(c)(1) Except as provided in paragraph (2), no action may be maintained under subsection (a) unless it is commenced not later than the later of--
``(A) 10 years after the cause of action arose; or
``(B) 10 years after the victim reaches 18 years of age, if the victim was a minor at the time of the alleged offense.
``(2) There shall be no time limit for the filing of a complaint commencing an action under this section relating to an alleged violation of section 2421, 2422, or 2423.''.
(2) Clerical amendment.--The table of sections for chapter 117 of title 18, United States Code, is amended by adding at the end the following: ``2430. Civil remedy.''. SEC. 3. ELIMINATION OF STATUTE OF LIMITATIONS.
Section 1595 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``an appropriate district court of the United States'' and inserting ``any district court of the United States that has jurisdiction to hear a criminal prosecution arising out of the same conduct or occurrence''; and
(2) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly;
(B) in the matter preceding subparagraph (B), as so redesignated, by striking ``(c) No action'' and inserting the following:
``(c)(1) Subject to paragraph (2), no action''; and
(C) by adding at the end the following:
``(2) There shall be no time limit for the filing of a complaint commencing an action under this section relating to an alleged violation of section 1589, 1590, or 1591.''. SEC. 4. APPLICABILITY.
(a) In General.--Subject to subsection (b), this Act and the amendments made by this Act shall apply to--
(1) any claim or action that, as of the date of enactment of this Act, would not have been barred under section 1595(c) of title 18, United States Code, as in effect on the day before the date of enactment of this Act; and
(2) any claim or action arising on or after the date of enactment of this Act.
(b) 1-year Look Back Period.--
(1) Covered action defined.--In this subsection, the term ``covered action''--
(A) means--
(i) a civil action that could have been brought on the day before the date of enactment of this Act under section 2249 or 2430 of title 18, United States Code, as added by this Act, if that section had been in effect on that day; and
(ii) a civil action under section 1595 of title 18, United States Code, relating to an alleged violation of section 1589, 1590, or 1591 of that title that was barred under section 1595(c) of that title as in effect on the day before the date of enactment of this Act; and
(B) includes a civil action described in subparagraph (A)(ii) that was dismissed before the date of enactment of this Act on the basis of the time limit imposed on commencing an action under section 1595(c) of title 18, United States Code, as in effect on the day before the date of enactment of this Act.
(2) Filing period.--Notwithstanding any other provision of law, a covered action may be commenced during the 1-year period beginning on the date of enactment of this Act.
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