STOP CSAM Act of 2023

II Calendar No. 69 118TH CONGRESS 1ST SESSION S. 1199 To combat the sexual exploitation of children by supporting victims and promoting accountability and transparency by the tech industry. IN THE SENATE OF THE UNITED STATES APRIL 19, 2023 Mr. DURBIN (for himself, Mr. HAWLEY, Mr. CRUZ, and Mr. GRASSLEY) intro- duced the following bill; which was read twice and referred to the Com- mittee on the Judiciary MAY 15, 2023 Reported by Mr. DURBIN, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To combat the sexual exploitation of children by supporting victims and promoting accountability and transparency by the tech industry. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Strengthening Trans- 4 parency and Obligations to Protect Children Suffering 5 VerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1199 RS from Abuse and Mistreatment Act of 2023’’ or the ‘‘STOP 1 CSAM Act of 2023’’. 2 SEC. 2. MANDATORY REPORTING OF CHILD ABUSE. 3 (a) IN GENERAL.—Section 226 of the Victims of 4 Child Abuse Act of 1990 (34 U.S.C. 20341) is amended— 5 (1) in subsection (a)(2)— 6 (A) by striking ‘‘A covered individual’’ and 7 inserting the following: 8 ‘‘(A) IN GENERAL.—A covered individual’’; 9 and 10 (B) by adding at the end the following: 11 ‘‘(B) GEOGRAPHIC APPLICABILITY.—Sub- 12 paragraph (A) shall apply with respect to an in- 13 cident of child abuse that— 14 ‘‘(i) occurred within the United 15 States; or 16 ‘‘(ii)(I) occurred outside the United 17 States; and 18 ‘‘(II) was committed by a United 19 States citizen or an alien lawfully admitted 20 for permanent residence.’’; 21 (2) in subsection (b)(8), by inserting ‘‘and com- 22 puter repair technicians’’ after ‘‘photo processors’’; 23 (3) in subsection (c)— 24 VerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1199 RS (A) in paragraph (1), by striking ‘‘physical 1 or mental injury’’ and inserting ‘‘physical in- 2 jury, psychological abuse’’; 3 (B) by striking paragraph (3) and insert- 4 ing the following: 5 ‘‘(3) the term ‘psychological abuse’ includes— 6 ‘‘(A) a pattern of acts, threats of acts, or 7 coercive tactics intended to degrade, humiliate, 8 intimidate, or terrorize, a child; and 9 ‘‘(B) the infliction of trauma on a child 10 through— 11 ‘‘(i) isolation; 12 ‘‘(ii) the withholding of food or other 13 necessities in order to control behavior; 14 ‘‘(iii) physical restraint; or 15 ‘‘(iv) confinement of the child without 16 the child’s consent and in degrading condi- 17 tions;’’; 18 (C) in paragraph (5)(D)— 19 (i) by striking ‘‘genitals’’ and insert- 20 ing ‘‘anus, genitals,’’; and 21 (ii) by striking ‘‘or animal’’; 22 (D) in paragraph (6), by striking ‘‘child 23 prostitution’’ and inserting ‘‘child sex traf- 24 ficking’’; 25 VerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1199 RS (E) in paragraph (8), by striking ‘‘the 1 term ‘child abuse’ ’’ and inserting ‘‘the terms 2 ‘physical injury’ and ‘psychological abuse’ ’’; 3 (F) in paragraph (9)— 4 (i) in subparagraph (A)— 5 (I) by striking ‘‘minor’’ and in- 6 serting ‘‘child’’; and 7 (II) by striking ‘‘or’’ at the end; 8 (ii) in subparagraph (B), by adding 9 ‘‘or’’ at the end; and 10 (iii) by adding at the end the fol- 11 lowing: 12 ‘‘(C) is authorized to interact with a child 13 by a covered program that is providing any 14 care, treatment, education, training, instruc- 15 tion, religious guidance, supervision, or rec- 16 reational opportunities to that child;’’; 17 (G) in paragraph (11), by striking ‘‘and’’ 18 at the end; 19 (H) in paragraph (12), by striking the pe- 20 riod and inserting a semicolon; and 21 (I) by adding at the end the following: 22 ‘‘(13) the term ‘child’ means a person who is 23 under the age of 18; 24 VerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1199 RS ‘‘(14) the term ‘computer’ has the meaning 1 given the term in section 1030 of title 18, United 2 States Code; 3 ‘‘(15) the term ‘covered program’ means any 4 program that receives, in any 1-year period, benefits 5 in excess of $10,000 under a Federal program in- 6 volving a grant (not including a formula grant to a 7 State, territory, or Tribe), contract, subsidy, loan, 8 guarantee, insurance, or other form of Federal as- 9 sistance to provide any care, treatment, education, 10 training, instruction, religious guidance, supervision, 11 or recreational opportunities to a child; and 12 ‘‘(16) the term ‘privileged communication’ 13 means any communication between 2 parties that, 14 under any applicable law where the communication 15 takes place— 16 ‘‘(A) is recognized as privileged; 17 ‘‘(B) is not subject to any exception; and 18 ‘‘(C) is not subject to a reporting require- 19 ment regardless of any applicable privilege.’’; 20 (4) in subsection (d)— 21 (A) in the first sentence, by striking ‘‘an 22 agency’’ and inserting ‘‘one or more agencies’’; 23 and 24 VerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1199 RS (B) by striking ‘‘and law enforcement per- 1 sonnel’’ and inserting ‘‘, law enforcement per- 2 sonnel, and children’s advocacy center personnel 3 in a multidisciplinary team setting’’; 4 (5) in subsection (i)— 5 (A) in the heading, by striking ‘‘RULE’’ 6 and inserting ‘‘RULES’’; 7 (B) by striking ‘‘Nothing’’ and inserting 8 the following: 9 ‘‘(1) APPLICABILITY TO VICTIMS.—Nothing’’; 10 and 11 (C) by adding at the end the following: 12 ‘‘(2) APPLICABILITY TO ATTORNEYS.—Nothing 13 in this section shall be construed to require a li- 14 censed attorney to take any action that would violate 15 any applicable rule of professional conduct. 16 ‘‘(3) PRIVILEGED COMMUNICATIONS.—Nothing 17 in this section shall be construed to require a cov- 18 ered individual described in subsection (c)(9)(C) who 19 engages in privileged communication through the 20 covered individual’s work for the covered program, 21 whether or not for compensation, to report any in- 22 formation exclusively received in the context of a 23 privileged communication.’’; and 24 (6) by adding at the end the following: 25 VerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1199 RS ‘‘(j) OUTREACH TO COVERED PROGRAMS.— 1 ‘‘(1) IN GENERAL.—Each Federal agency that 2 has provided Federal assistance to a program that 3 may cause the program to qualify as a covered pro- 4 gram shall make reasonable efforts to promote 5 awareness of the reporting requirements under sub- 6 section (a) among such programs. 7 ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) 8 shall not be construed to require individual notice to 9 each program to which a Federal agency has pro- 10 vided Federal assistance as described in that para- 11 graph.’’. 12 (b) CONFORMING AMENDMENT TO TITLE 18, 13 UNITED STATES CODE.—Section 2258 of title 18, United 14 States Code, is amended to read as follows: 15 ‘‘§ 2258. Failure to report child abuse 16 ‘‘(a) DEFINITIONS.—In this section, the terms ‘child 17 abuse’ and ‘covered individual’ have the meanings given 18 those terms in section 226 of the Victims of Child Abuse 19 Act of 1990 (34 U.S.C. 20341). 20 ‘‘(b) OFFENSES.— 21 ‘‘(1) COVERED PROFESSIONALS.—It shall be 22 unlawful for a person who, while engaged in a pro- 23 fessional capacity or activity described in subsection 24 (b) of section 226 of the Victims of Child Abuse Act 25 VerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1199 RS of 1990 (34 U.S.C. 20341) on Federal land or in a 1 federally operated (or contracted) facility, learns of 2 facts that give reason to suspect that a child has 3 suffered an incident of child abuse, to knowingly fail 4 to make a timely report as required by subsection 5 (a)(1) of that section. 6 ‘‘(2) COVERED INDIVIDUALS.—It shall be un- 7 lawful for a covered individual who learns of facts 8 that give reason to suspect that a child has suffered 9 an incident of child abuse described in subsection (c) 10 to knowingly fail to make a timely report as required 11 by subsection (a)(2) of section 226 of the Victims of 12 Child Abuse Act of 1990 (34 U.S.C. 20341). 13 ‘‘(c) INCIDENTS OF CHILD ABUSE THAT COVERED 14 INDIVIDUALS MUST REPORT.—An incident of child abuse 15 referred to in subsection (b)(2) is an incident of child 16 abuse that— 17 ‘‘(1) occurred within the United States; or 18 ‘‘(2)(A) occurred outside the United States; and 19 ‘‘(B) was committed by a United States citizen 20 or an alien lawfully admitted for permanent resi- 21 dence. 22 ‘‘(d) PENALTY.—A person or individual who violates 23 subsection (b) shall be fined under this title or imprisoned 24 not more than 1 year or both.’’. 25 VerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199 kjohnson on DSK79L0C42PROD with BILLS 9 •S 1199 RS (c) EFFECTIVE DATE.— 1 (1) IN GENERAL.—Except as provided in para- 2 graph (2), the amendments made by subsections (a) 3 and (b) shall take effect on the date that is 120 days 4 after the date of enactment of this Act. 5 (2) OUTREACH.—The amendment made by sub- 6 section (a)(5) shall take effect on the date of enact- 7 ment of this Act. 8 (d) ICAC TASK FORCE SUPPLEMENTAL GRANT PRO- 9 GRAM.— 10 (1) DEFINITIONS.—In this subsection: 11 (A) CHILD.—The term ‘‘child’’ means an 12 individual who has not attained 18 years of age. 13 (B) CHILD ABUSE.—The term ‘‘child 14 abuse’’— 15 (i) has the meaning given the term 16 under any applicable State law requiring 17 reporting of child abuse or neglect by indi- 18 viduals; or 19 (ii) in the case of a State in which a 20 law described in clause (i) that defines 21 ‘‘child abuse’’ is not in effect, has the 22 meaning given the term in section 226(c) 23 of the Victims of Child Abuse Act of 1990 24 (34 U.S.C. 20341(c)). 25 VerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199 kjohnson on DSK79L0C42PROD with BILLS 10 •S 1199 RS (C) COVERED ENTITY.—The term ‘‘cov- 1 ered entity’’ means any institution, program, or 2 organization that provides any care, treatment, 3 education, training, instruction, religious guid- 4 ance, supervision, or recreational opportunities 5 to a child. 6 (D) ICAC GRANT PROGRAM.—The term 7 ‘‘ICAC Grant Program’’ means the grant pro- 8 gram under section 106 of the PROTECT Our 9 Children Act of 2008 (34 U.S.C. 21116). 10 (E) ICAC TASK FORCE.—The term ‘‘ICAC 11 Task Force’’ means a task force that is part of 12 the National Internet Crimes Against Children 13 Task Force Program established under section 14 102 of the PROTECT Our Children Act of 15 2008 (34 U.S.C. 21112). 16 (F) ELIGIBLE ICAC TASK FORCE.—The 17 term ‘‘Eligible ICAC Task Force’’ means an 18 ICAC Task Force that— 19 (i) was established on or before the 20 date of enactment of this Act; and 21 (ii) is located in a State that, as of 22 the last day of the preceding fiscal year, 23 had in effect a law that, at a minimum— 24 VerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199 kjohnson on DSK79L0C42PROD with BILLS 11 •S 1199 RS (I) with respect to a mandatory 1 reporter who learns of facts that give 2 reason to suspect that a child has suf- 3 fered an incident of child abuse, re- 4 quires the mandatory reporter to re- 5 port the suspected child abuse to a 6 law enforcement agency, a child pro- 7 tective services agency, or both; 8 (II) requires the report described 9 in subclause (I) to be made as soon as 10 possible, and in any event not later 11 than 48 hours after the mandatory re- 12 porter learns of the facts that give 13 reason to suspect that a child has suf- 14 fered an incident of child abuse; 15 (III) prohibits a covered entity 16 from— 17 (aa) taking any action to 18 prevent or discourage reporting 19 of child abuse; or 20 (bb) retaliating against a 21 mandatory reporter for making a 22 report described in subclause (I); 23 and 24 VerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199 kjohnson on DSK79L0C42PROD with BILLS 12 •S 1199 RS (IV) provides a criminal, civil, or 1 administrative penalty for the know- 2 ing failure by a mandatory reporter to 3 submit a report in accordance with 4 the requirement described in sub- 5 clause (I). 6 (G) MANDATORY REPORTER.—The term 7 ‘‘mandatory reporter’’ means an individual 8 who— 9 (i) has attained the age of 18 years; 10 and 11 (ii) is authorized to interact with a 12 child by a covered entity that is providing 13 any care, treatment, education, training, 14 instruction, religious guidance, supervision, 15 or recreational opportunities to that child. 16 (H) PRIVILEGED COMMUNICATION.—The 17 term ‘‘privileged communication’’ means any 18 communication between 2 parties that, under 19 any applicable law where the communication 20 takes place— 21 (i) is recognized as privileged; 22 (ii) is not subject to any exception; 23 and 24 VerDate Sep 11 2014 23:29 May 15, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6401 E:\BILLS\S1199.RS S1199 kjohnson on DSK79L0C42PROD with BILLS 13 •S 1199 RS (iii) is not subject to a reporting re- 1 quirement regardless of any applicable 2 privilege. 3 (2) WAIVER OF MATCH FOR ELIGIBLE ICAC 4 TASK FORCES.—The Attorney General shall waive 5 the matching requirement for an Eligible ICAC 6 Task Force under section 106(a)(3)(B) of the PRO- 7 TECT Our Children Act of 2008 (34 U.S.C. 8 21116(a)(3)(B)) for not more than 4 fiscal years in 9 accordance with this subsection. 10 (3) ESTABLISHMENT OF ICAC TASK FORCE SUP- 11 PLEMENTAL GRANT PROGRAM.— 12 (A) SUPPLEMENTAL GRANT PROGRAM ES- 13 TABLISHED.—There is established an ICAC 14 Task Force Supplemental Grant Program with- 15 in the Department of Justice, under which the 16 Attorney General shall award grants (referred 17 to in this subsection as ‘‘supplemental grants’’) 18 to an Eligible ICAC Task Force in addition to 19 any grants distributed to the Eligible ICAC 20 Task For [Text truncated for display. 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