Text of Senate Amendment 6017

On 2026-06-23, Senator Chuck Grassley (R-IA) delivered a floor speech titled "Text Of Senate Amendment 6017" in the Senate.

Text of Senate Amendment 6017

Congressional Record, Volume 172 Issue 105 (Tuesday, June 23, 2026) [Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)] [Senate] [Pages S3150-S3158] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6017. Mr. GRASSLEY (for himself and Mr. Durbin) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of division A, add the following: TITLE XVII--CRIMINAL PROVISIONS Subtitle A--STOP CSAM Act of 2026 SEC. 1701. SHORT TITLE. This subtitle may be cited as the ``Strengthening Transparency and Obligations to Protect Children Suffering from Abuse and Mistreatment Act of 2026'' or the ``STOP CSAM Act of 2026''. SEC. 1702. 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)-- [[Page S3151]] (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 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: