--- Introduced (Senate)
+++ Reported (Senate)
@@ -1,10 +1,11 @@
[From the U.S. Government Publishing Office]
-[S. 3023 Introduced in Senate (IS)]
+[S. 3023 Reported in Senate (RS)]
<DOC>
+Calendar No. 345
119th CONGRESS
-1st Session
+2d Session
S. 3023
To limit liability for certain entities storing child sexual abuse
@@ -16,9 +17,16 @@
October 21, 2025
-Mrs. Blackburn (for herself, Ms. Klobuchar, Mr. Cornyn, and Mr.
-Blumenthal) introduced the following bill; which was read twice and
-referred to the Committee on the Judiciary
+Mrs. Blackburn (for herself, Ms. Klobuchar, Mr. Cornyn, Mr. Blumenthal,
+Mrs. Britt, Mr. Coons, Mr. Lee, and Mrs. Moody) introduced the
+following bill; which was read twice and referred to the Committee on
+the Judiciary
+
+February 24, 2026
+
+Reported by Mr. Grassley, with an amendment
+[Strike out all after the enacting clause and insert the part printed
+in italic]
_______________________________________________________________________
@@ -30,11 +38,161 @@
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
+<DELETED>SECTION 1. SHORT TITLE.</DELETED>
+
+<DELETED> This Act may be cited as the ``Safe Cloud Storage
+Act''.</DELETED>
+
+<DELETED>SEC. 2. STORAGE OF CHILD SEXUAL ABUSE MATERIAL.</DELETED>
+
+<DELETED> (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:</DELETED>
+
+<DELETED>``SEC. 202. MODERNIZING LAW ENFORCEMENT'S ABILITY TO STORE
+CHILD PORNOGRAPHY AND CHILD OBSCENITY AND LIMITED
+LIABILITY FOR APPROVED VENDORS.</DELETED>
+
+<DELETED> ``(a) Definitions.--In this section:</DELETED>
+<DELETED> ``(1) Approved vendor.--The term `approved vendor'
+means an organization, corporation, or entity that--</DELETED>
+<DELETED> ``(A) offers digital storage services,
+including remote or cloud-based storage, and analytical
+and forensic tool processing support; and</DELETED>
+<DELETED> ``(B) has been contractually retained and
+designated by a law enforcement or prosecutorial agency
+based in the United States to support the duties of
+such agency by--</DELETED>
+<DELETED> ``(i) storing digital child
+pornography or child obscenity;</DELETED>
+<DELETED> ``(ii) making such child
+pornography or child obscenity available to the
+contracting agency, or any law enforcement or
+prosecutorial agency designated by the
+contracting agency, upon request; and</DELETED>
+<DELETED> ``(iii) providing maintenance,
+technical and analytical assistance, and
+forensic tool processing support upon request
+by the contracting agency.</DELETED>
+<DELETED> ``(2) Child pornography.--The term `child
+pornography' has the meaning given that term in section 2256 of
+title 18, United States Code.</DELETED>
+<DELETED> ``(b) Limited Liability for Approved Vendors.--</DELETED>
+<DELETED> ``(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).</DELETED>
+<DELETED> ``(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--</DELETED>
+<DELETED> ``(A) engaged in--</DELETED>
+<DELETED> ``(i) intentional misconduct;
+or</DELETED>
+<DELETED> ``(ii) negligent
+conduct;</DELETED>
+<DELETED> ``(B) acted, or failed to act--</DELETED>
+<DELETED> ``(i) with actual
+malice;</DELETED>
+<DELETED> ``(ii) with reckless disregard to
+a substantial risk of causing injury without
+legal justification; or</DELETED>
+<DELETED> ``(iii) for a purpose unrelated to
+the performance of any responsibility or
+function described in subsection
+(a)(1)(B).</DELETED>
+<DELETED> ``(c) Vendor Cybersecurity Requirements.--With respect to
+any visual depiction stored and available for analysis in the cloud
+storage service of an approved vendor, and pursuant to the duties of
+law enforcement in the investigation of the sexual exploitation of
+children, an approved vendor shall--</DELETED>
+<DELETED> ``(1) secure such visual depiction 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;</DELETED>
+<DELETED> ``(2) only access the visual depictions upon
+consent of the law enforcement or prosecutorial agency
+contracting the service and for the purpose of providing
+maintenance, technical assistance, and forensic tool processing
+support in the cloud;</DELETED>
+<DELETED> ``(3) minimize the number of employees that may be
+able to obtain access to such visual depiction;</DELETED>
+<DELETED> ``(4) employ end-to-end encryption for data
+storage and transfer functions, or an equivalent technological
+standard;</DELETED>
+<DELETED> ``(5) undergo an independent annual cybersecurity
+audit to determine whether such visual depiction is secured as
+required under paragraph (1); and</DELETED>
+<DELETED> ``(6) promptly address all issues identified by an
+audit described in paragraph (5).</DELETED>
+<DELETED> ``(d) Evidence Storage.--Any law enforcement or
+prosecutorial agency that stores evidence of child pornography and
+child obscenity using cloud-based or remote storage services shall
+retain such evidence--</DELETED>
+<DELETED> ``(1) in compliance with the security policy of
+the Criminal Justice Information Services of the Federal Bureau
+of Investigation;</DELETED>
+<DELETED> ``(2) for a period consistent with the evidence
+retention requirements applicable to the investigating or
+prosecuting agency under the relevant Federal, State, or local
+law, rule of criminal procedure, or prosecutorial policy;
+or</DELETED>
+<DELETED> ``(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.</DELETED>
+<DELETED> ``(e) Additional Requirements for Approved Vendors.--
+</DELETED>
+<DELETED> ``(1) In general.--Each approved vendor shall
+ensure that cloud-based storage and analytics of child
+pornography and child obscenity under this section remain in
+the United States.</DELETED>
+<DELETED> ``(2) Notification letter.--</DELETED>
+<DELETED> ``(A) In general.--Approved vendors shall
+file a notification letter with the Department of
+Justice not later than 30 days after entering into a
+contract described in subsection (a)(1)(B).</DELETED>
+<DELETED> ``(B) Contents.--The notification letter
+shall include the entity name and point of contact
+information of the approved vendor, the name of the
+contracting agency, the period of performance of the
+contract, and an acknowledgment by the approved vendor
+that the approved vendor will notify the Department of
+Justice of any changes to the information in the
+letter.</DELETED>
+<DELETED> ``(3) Breach of contract.--</DELETED>
+<DELETED> ``(A) In general.--If a law enforcement or
+prosecutorial 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 Department
+of Justice, or in the case of a State or local agency,
+the appropriate State attorney general.</DELETED>
+<DELETED> ``(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 lawful transfer
+of custody occurs to the Department of Justice or
+another Federal, State, or local law enforcement agency
+with jurisdiction.''.</DELETED>
+<DELETED> (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:</DELETED>
+
+<DELETED>``Sec. 202. Modernizing law enforcement's ability to store
+child pornography and child obscenity and
+limited liability for approved vendors.''.
+
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safe Cloud Storage Act''.
-SEC. 2. STORAGE OF CHILD SEXUAL ABUSE MATERIAL.
+SEC. 2. STORAGE OF CHILD PORNOGRAPHY AND CHILD OBSCENITY.
(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
@@ -50,10 +208,8 @@
``(A) offers digital storage services, including
remote or cloud-based storage, and analytical and
forensic tool processing support; and
-``(B) has been contractually retained and
-designated by a law enforcement or prosecutorial agency
-based in the United States to support the duties of
-such agency by--
+``(B) has been contractually retained by a covered
+agency to support the duties of such agency by--
``(i) storing digital child pornography or
child obscenity;
``(ii) making such child pornography or
@@ -66,8 +222,18 @@
processing support upon request by the
contracting agency.
``(2) Child pornography.--The term `child pornography' has
-the meaning given that term in section 2256 of title 18, United
-States Code.
+the meaning given that term in section 2256(8) of title 18,
+United States Code.
+``(3) Covered agency.--The term `covered agency' means a
+Federal, State, or local law enforcement or prosecutorial
+agency.
+``(4) Local.--The term `local' means any political
+subdivision of a State.
+``(5) 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
@@ -80,7 +246,7 @@
court against an approved vendor if the approved vendor--
``(A) engaged in--
``(i) intentional misconduct; or
-``(ii) negligent conduct;
+``(ii) negligent conduct; or
``(B) acted, or failed to act--
``(i) with actual malice;
``(ii) with reckless disregard to a
@@ -89,77 +255,101 @@
``(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
-visual depiction stored and available for analysis in the cloud storage
-service of an approved vendor, and pursuant to the duties of law
-enforcement in the investigation of the sexual exploitation of
-children, an approved vendor shall--
-``(1) secure such visual depiction 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 visual depictions upon consent of the
-law enforcement or prosecutorial agency contracting the service
-and for the purpose of providing maintenance, technical
-assistance, and forensic tool processing support in the cloud;
+``(c) Vendor Cybersecurity Requirements.--With respect to any child
+pornography or child obscenity stored, maintained, or processed by an
+approved vendor, such approved vendor shall--
+``(1) secure such child pornography or child obscenity 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 or child obscenity
+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 visual depiction;
+obtain access to such child pornography or child obscenity 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 visual depiction is secured as required
-under paragraph (1); and
+determine whether such child pornography or child obscenity is
+secured as required by paragraph (1), 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 law enforcement or prosecutorial
-agency that stores evidence of child pornography and child obscenity
-using cloud-based or remote storage services shall retain such
-evidence--
+``(d) Evidence Storage.--Any covered agency that stores child
+pornography and child obscenity 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 of the Federal Bureau of
-Investigation;
+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 investigating or prosecuting
-agency under the relevant Federal, State, or local law, rule of
-criminal procedure, or prosecutorial policy; or
+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) In general.--Each approved vendor shall ensure that
-cloud-based storage and analytics of child pornography and
-child obscenity under this section remain in the United States.
+``(1) Location of data.--
+``(A) In general.--Except as provided in
+subparagraph (B), each approved vendor shall ensure
+that child pornography and child obscenity stored
+pursuant to this section remains in the United States.
+``(B) Exception.--Child pornography and child
+obscenity 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 Department of Justice not
-later than 30 days after entering into a contract
-described in subsection (a)(1)(B).
-``(B) Contents.--The notification letter shall
-include the entity name and point of contact
-information of the approved vendor, the name of the
-contracting agency, the period of performance of the
-contract, and an acknowledgment by the approved vendor
-that the approved vendor will notify the Department of
-Justice of any changes to the information in the
-letter.
+notification letter with the Criminal Division of the
+Department of Justice not 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 law enforcement or
-prosecutorial 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 Department
-of Justice, or in the case of a State or local agency,
-the appropriate State attorney general.
+``(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 lawful transfer of
-custody occurs to the Department of Justice or another
-Federal, State, or local law enforcement agency with
-jurisdiction.''.
+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 or child obscenity 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:
@@ -167,4 +357,23 @@
``Sec. 202. Modernizing law enforcement's ability to store child
pornography and child obscenity and limited
liability for approved vendors.''.
-<all>
+Calendar No. 345
+
+119th CONGRESS
+
+2d Session
+
+S. 3023
+
+_______________________________________________________________________
+
+A BILL
+
+To limit liability for certain entities storing child sexual abuse
+material for law enforcement agencies, and for other purposes.
+
+_______________________________________________________________________
+
+February 24, 2026
+
+Reported with an amendment