[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1829 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1829
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
May 21, 2025
Mr. Hawley (for himself, Mr. Durbin, Ms. Klobuchar, Mr. Grassley, and
Mr. Kelly) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Transparency and
Obligations to Protect Children Suffering from Abuse and Mistreatment
Act of 2025'' or the ``STOP CSAM Act of 2025''.
SEC. 2. PROTECTING CHILD VICTIMS AND WITNESSES IN FEDERAL COURT.
(a) In General.--Section 3509 of title 18, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (2)(A), by striking ``or
exploitation'' and inserting ``exploitation, or
kidnapping, including international parental
kidnapping'';
(B) in paragraph (3), by striking ``physical or
mental injury'' and inserting ``physical injury,
psychological abuse'';
(C) by striking paragraphs (5), (6), and (7) and
inserting the following:
``(5) the term `psychological abuse' includes--
``(A) a pattern of acts, threats of acts, or
coercive tactics intended to degrade, humiliate,
intimidate, or terrorize a child; and
``(B) the infliction of trauma on a child through--
``(i) isolation;
``(ii) the withholding of food or other
necessities in order to control behavior;
``(iii) physical restraint; or
``(iv) the confinement of the child without
the child's consent and in degrading
conditions;
``(6) the term `exploitation' means--
``(A) child pornography;
``(B) child sex trafficking; or
``(C) an obscene visual depiction of a child;
``(7) the term `multidisciplinary child abuse team' means a
professional unit of individuals working together to
investigate child abuse and provide assistance and support to a
victim of child abuse, composed of representatives from--
``(A) health, social service, and legal service
agencies that represent the child;
``(B) law enforcement agencies and prosecutorial
offices; and
``(C) children's advocacy centers;'';
(D) in paragraph (9)(D)--
(i) by striking ``genitals'' and inserting
``anus, genitals,''; and
(ii) by striking ``or animal'';
(E) in paragraph (11), by striking ``and'' at the
end;
(F) in paragraph (12)--
(i) by striking ``the term `child abuse'
does not'' and inserting ``the terms `physical
injury' and `psychological abuse' do not''; and
(ii) by striking the period and inserting a
semicolon; and
(G) by adding at the end the following:
``(13) the term `covered person' means a person of any age
who--
``(A) is or is alleged to be--
``(i) a victim of a crime of physical
abuse, sexual abuse, exploitation, or
kidnapping, including international parental
kidnapping; or
``(ii) a witness to a crime committed
against another person; and
``(B) was under the age of 18 when the crime
described in subparagraph (A) was committed;
``(14) the term `protected information', with respect to a
covered person, includes--
``(A) personally identifiable information of the
covered person, including--
``(i) the name of the covered person;
``(ii) an address;
``(iii) a phone number;
``(iv) a user name or identifying
information for an online, social media, or
email account; and
``(v) any information that can be used to
distinguish or trace the identity of the
covered person, either alone or when combined
with other information that is linked or
linkable to the covered person;
``(B) medical, dental, behavioral, psychiatric, or
psychological information of the covered person;
``(C) educational or juvenile justice records of
the covered person; and
``(D) any other information concerning the covered
person that is deemed `protected information' by order
of the court under subsection (d)(5);
``(15) the term `child pornography' has the meaning given
the term in section 2256(8); and
``(16) the term `obscene visual depiction of a child' means
any visual depiction prohibited by section 1466A involving an
identifiable minor, as that term is defined in section
2256(9).'';
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``minor'' and
inserting ``child''; and
(B) in paragraph (2)--
(i) in the heading, by striking
``Videotaped'' and inserting ``Recorded'';
(ii) in subparagraph (A), by striking
``that the deposition be recorded and preserved
on videotape'' and inserting ``that a video
recording of the deposition be made and
preserved'';
(iii) in subparagraph (B)--
(I) in clause (ii), by striking
``that the child's deposition be taken
and preserved by videotape'' and
inserting ``that a video recording of
the child's deposition be made and
preserved'';
(II) in clause (iii)--
(aa) in the matter
preceding subclause (I), by
striking ``videotape'' and
inserting ``recorded''; and
(bb) in subclause (IV), by
striking ``videotape'' and
inserting ``recording''; and
(III) in clause (v)--
(aa) in the heading, by
striking ``videotape'' and
inserting ``video recording'';
(bb) in the first sentence,
by striking ``made and
preserved on video tape'' and
inserting ``recorded and
preserved''; and
(cc) in the second
sentence, by striking
``videotape'' and inserting
``video recording'';
(iv) in subparagraph (C), by striking
``child's videotaped'' and inserting ``video
recording of the child's'';
(v) in subparagraph (D)--
(I) by striking ``videotaping'' and
inserting ``deposition''; and
(II) by striking ``videotaped'' and
inserting ``recorded'';
(vi) in subparagraph (E), by striking
``videotaped'' and inserting ``recorded''; and
(vii) in subparagraph (F), by striking
``videotape'' each place the term appears and
inserting ``video recording'';
(3) in subsection (d)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``the name
of or any other information concerning a
child'' and inserting ``a covered person's
protected information''; and
(ii) in clause (ii)--
(I) by striking ``documents
described in clause (i) or the
information in them that concerns a
child'' and inserting ``a covered
person's protected information''; and
(II) by striking ``, have reason to
know such information'' and inserting
``(including witnesses or potential
witnesses), have reason to know each
item of protected information to be
disclosed'';
(B) in paragraph (2)--
(i) by striking ``the name of or any other
information concerning a child'' each place the
term appears and inserting ``a covered person's
protected information'';
(ii) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively, and
adjusting the margins accordingly;
(iii) by striking ``All papers'' and
inserting the following:
``(A) In general.--All papers''; and
(iv) by adding at the end the following:
``(B) Enforcement of violations.--The court may
address a violation of subparagraph (A) in the same
manner as disobedience or resistance to a lawful court
order under section 401(3).'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``a child from
public disclosure of the name of or any
other information concerning the
child'' and inserting ``a covered
person's protected information from
public disclosure''; and
(II) by striking ``, if the court
determines that there is a significant
possibility that such disclosure would
be detrimental to the child'';
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) by striking ``a child
witness, and the testimony of
any other witness'' and
inserting ``any witness''; and
(bb) by striking ``the name
of or any other information
concerning a child'' and
inserting ``a covered person's
protected information''; and
(II) in clause (ii), by striking
``child'' and inserting ``covered
person''; and
(iii) by adding at the end the following:
``(C)(i) For purposes of this paragraph, there shall be a
presumption that public disclosure of a covered person's
protected information would be detrimental to the covered
person.
``(ii) The court shall deny a motion for a protective order
under subparagraph (A) only if the court finds that the party
opposing the motion has rebutted the presumption under clause
(i) of this subparagraph.'';
(D) in paragraph (4)--
(i) by striking ``This subsection'' and
inserting the following:
``(A) Disclosure to certain parties.--This
subsection'';
(ii) in subparagraph (A), as so
designated--
(I) by striking ``the name of or
other information concerning a child''
and inserting ``a covered person's
protected information''; and
(II) by striking ``or an adult
attendant, or to'' and inserting ``an
adult attendant, a law enforcement
agency for any intelligence or
investigative purpose, or''; and
(iii) by adding at the end the following:
``(B) Request for public disclosure.--If any party
requests public disclosure of a covered person's
protected information to further a public interest, the
court shall deny the request unless the court finds
that--
``(i) the party seeking disclosure has
established that there is a compelling public
interest in publicly disclosing the covered
person's protected information;
``(ii) there is a substantial probability
that the public interest would be harmed if the
covered person's protected information is not
disclosed;
``(iii) the substantial probability of harm
to the public interest outweighs the harm to
the covered person from public disclosure of
the covered person's protected information; and
``(iv) there is no alternative to public
disclosure of the covered person's protected
information that would adequately protect the
public interest.''; and
(E) by adding at the end the following:
``(5) Other protected information.--The court may order
that information shall be considered to be `protected
information' for purposes of this subsection if the court finds
that the information is sufficiently personal, sensitive, or
identifying that it should be subject to the protections and
presumptions under this subsection.'';
(4) by striking subsection (f) and inserting the following:
``(f) Victim Impact Statement.--
``(1) Probation officer.--In preparing the presentence
report pursuant to rule 32(c) of the Federal Rules of Criminal
Procedure, the probation officer shall request information from
the multidisciplinary child abuse team, if applicable, or other
appropriate sources to determine the impact of the offense on a
child victim and any other children who may have been affected
by the offense.
``(2) Guardian ad litem.--A guardian ad litem appointed
under subsection (h) shall--
``(A) make every effort to obtain and report
information that accurately expresses the views of a
child victim, and the views of family members as
appropriate, concerning the impact of the offense; and
``(B) use forms that permit a child victim to
express the child's views concerning the personal
consequences of the offense, at a level and in a form
of communication commensurate with the child's age and
ability.'';
(5) in subsection (h), by adding at the end the following:
``(4) Authorization of appropriations.--
``(A) In general.--There is authorized to be
appropriated to the United States courts to carry out
this subsection $25,000,000 for each fiscal year.
``(B) Supervision of payments.--Payments from
appropriations authorized under subparagraph (A) shall
be made under the supervision of the Director of the
Administrative Office of the United States Courts.'';
(6) in subsection (i)--
(A) by striking ``A child testifying at or
attending a judicial proceeding'' and inserting the
following:
``(1) In general.--A child testifying at a judicial
proceeding, including in a manner described in subsection
(b),'';
(B) in paragraph (1), as so designated--
(i) in the third sentence, by striking
``proceeding'' and inserting ``testimony''; and
(ii) by striking the fifth sentence; and
(C) by adding at the end the following:
``(2) Recording.--If the adult attendant is in close
physical proximity to or in contact with the child while the
child testifies--
``(A) at a judicial proceeding, a video recording
of the adult attendant shall be made and shall become
part of the court record; or
``(B) in a manner described