[Congressional Record Volume 172, Number 86 (Wednesday, May 20, 2026)]
[Senate]
[Pages S2421-S2422]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5444. Mr. BARRASSO (for Mrs. Blackburn) proposed an amendment to
the bill S. 3023, to limit liability for certain entities storing child
sexual abuse material for law enforcement agencies, and for other
purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Cloud Storage Act''.
SEC. 2. STORAGE OF CHILD PORNOGRAPHY, CHILD OBSCENITY, AND
INTIMATE VISUAL DEPICTIONS OF MINORS.
(a) In General.--Title II of the PROTECT Our Children Act
of 2008 (34 U.S.C. 21101 et seq.) is amended by inserting
after section 201 the following:
``SEC. 202. MODERNIZING LAW ENFORCEMENT'S ABILITY TO STORE
CHILD PORNOGRAPHY, CHILD OBSCENITY, AND
INTIMATE VISUAL DEPICTIONS OF MINORS AND
LIMITED LIABILITY FOR APPROVED VENDORS.
``(a) Definitions.--In this section:
``(1) Approved vendor.--The term `approved vendor' means a
cloud service provider that--
``(A) complies with the security requirements described in
subsection (c); and
``(B) has been contractually retained by a covered agency
to support the duties of such agency by--
``(i) storing digital child pornography, child obscenity,
or an intimate visual depiction of a minor;
``(ii) making such child pornography, child obscenity, or
intimate visual depiction of a minor available to the
contracting agency, or any law enforcement or prosecutorial
agency designated by the contracting agency, upon request;
and
``(iii) providing maintenance, technical and analytical
assistance, and forensic tool processing support upon request
by the contracting agency.
``(2) Child pornography.--The term `child pornography' has
the meaning given that term in section 2256(8) of title 18,
United States Code.
``(3) Cloud service provider.--The term `cloud service
provider' means an organization, corporation, or entity that
makes available digital storage services, including remote or
cloud-based storage, and analytical and forensic tool
processing support.
``(4) Covered agency.--The term `covered agency' means a
Federal, State, or local law enforcement or prosecutorial
agency.
``(5) Intimate visual depiction of a minor.--The term
`intimate visual depiction of a minor' means an intimate
visual depiction, as defined in section 223(h) of the
Communications Act of 1934 (47 U.S.C. 223(h)), including a
digital forgery, of an identifiable individual who is a
minor, as that term is defined in such section.
``(6) Local.--The term `local' means any political
subdivision of a State.
``(7) State.--The term `State' means any of the 50 States
of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands of the United
States, Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands.
``(b) Limited Liability for Approved Vendors.--
``(1) Limited liability for law enforcement approved
vendors.--Except as provided in paragraph (2), a civil claim
or criminal charge may not be brought in any Federal or State
court against an approved vendor relating to the approved
vendor's performance of any contractual obligation or service
described in subsection (a)(1).
``(2) Intentional, reckless, or other misconduct.--A civil
claim or criminal charge may be brought in any Federal or
State court against an approved vendor if the approved
vendor--
``(A) engaged in--
``(i) intentional misconduct; or
``(ii) negligent conduct; or
``(B) acted, or failed to act--
``(i) with actual malice;
``(ii) with reckless disregard to a substantial risk of
causing injury without legal justification; or
``(iii) for a purpose unrelated to the performance of any
responsibility or function described in subsection (a)(1)(B).
``(c) Vendor Cybersecurity Requirements.--With respect to
any child pornography, child obscenity, or intimate visual
depiction of a minor stored, maintained, or processed by an
approved vendor, such approved vendor shall--
``(1) secure such child pornography, child obscenity, or
intimate visual depiction of a minor in a manner that is
consistent with the most recent version of the Cybersecurity
Framework developed by the National Institute of Standards
and Technology, or any successor thereto;
``(2) only access the child pornography, child obscenity,
or intimate visual depiction of a minor upon consent of the
covered agency contracting the service and for the purpose of
providing maintenance, technical assistance, and forensic
tool processing support in the cloud;
``(3) minimize the number of employees that may be able to
obtain access to such child pornography, child obscenity, or
intimate visual depiction of a minor and maintain a list of
employees who have obtained such access;
``(4) employ end-to-end encryption for data storage and
transfer functions, or an equivalent technological standard;
``(5) undergo an independent annual cybersecurity audit to
determine whether such child pornography, child obscenity, or
intimate visual depiction of a minor is secured as required
by paragraphs (1), (3), and (4), including by assessing
compliance with the National Institute of Standards and
Technology Special Publication 800-53, Revision 5 (relating
to security and privacy controls for information systems and
organizations) or any successor documents or revisions; and
``(6) promptly address all issues identified by an audit
described in paragraph (5).
``(d) Evidence Storage.--Any covered agency that stores
child pornography, child obscenity, or an intimate visual
depiction of a minor pursuant to a contract with an approved
vendor shall retain such evidence--
``(1) in compliance with the security policy of the
Criminal Justice Information Services Division of the Federal
Bureau of Investigation, or any other similar and appropriate
division within the Federal Bureau of Investigation;
``(2) for a period consistent with the evidence retention
requirements applicable to the covered agency under the
relevant Federal, State, or local law, rule of criminal
procedure, or prosecutorial policy; or
``(3) in the absence of such law, rule, or policy, for a
period not less than the applicable statute of limitations or
the duration of any sentence imposed, including the period of
post-conviction review.
``(e) Additional Requirements for Approved Vendors.--
``(1) Location of data.--
``(A) In general.--Except as provided in subparagraph (B),
each approved vendor shall ensure that any child pornography,
child obscenity, or intimate visual depiction of a minor
stored pursuant to this section remains in the United States.
``(B) Exception.--Child pornography, child obscenity, and
intimate visual depictions of a minor stored under this
section may be transferred outside the United States only
with the express consent of the contracting covered agency if
such agency deems the transfer necessary for investigative
purposes.
``(2) Notification letter.--
``(A) In general.--Approved vendors shall file a
notification letter with the Criminal Division of the
Department of Justice not
[[Page S2422]]
later than 30 days after entering into a contract described
in subsection (a)(1)(B).
``(B) Contents.--The notification letter described in
subparagraph (A) shall include the entity name and point of
contact information of the approved vendor, the name of the
contracting covered agency, the period of performance of the
contract, and an acknowledgment by the approved vendor that
the approved vendor will notify the Child Exploitation and
Obscenity Section of the Criminal Division of the Department
of Justice of any changes to the information in the letter.
``(3) Breach of contract.--
``(A) In general.--If a covered agency fails to make
required payment under a contract, breaches any material term
of such contract, or otherwise terminates such contract
without establishing lawful transfer of the evidence, the
approved vendor shall, not later than 30 days after the
failure, breach, or termination, notify the Criminal Division
of the Department of Justice in the case of a breach by a
Federal agency, or the appropriate State attorney general in
the case of a breach by a State or local agency.
``(B) Maintenance of evidence.--Upon making a notification
under subparagraph (A), the approved vendor shall continue to
preserve and maintain the integrity of the evidence until a
prompt and lawful transfer of custody occurs to the Criminal
Division of the Department of Justice or another Federal,
State, or local law enforcement agency with jurisdiction.
``(f) Rule of Construction.--Nothing in this section shall
be construed to limit--
``(1) bona fide use by the contracting covered agency of
child pornography, child obscenity, or intimate visual
depiction of a minor being stored by the approved vendor,
which includes providing such child pornography or child
obscenity to any other party as necessary for an
investigation or prosecution; or
``(2) the obligation of the contracting covered agency to
comply with a constitutional or statutory obligation, court
order, or request from a victim made pursuant to section
3509(m)(3) of title 18, United States Code.''.
(b) Clerical Amendment.--Section 1(b) of the PROTECT Our
Children Act of 2008 (Public Law 110-401; 122 Stat. 4229) is
amended by inserting after the item relating to section 201
the following:
``Sec. 202. Modernizing law enforcement's ability to store child
pornography, child obscenity, and intimate visual
depictions of minors and limited liability for approved
vendors.''.
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