[Congressional Record Volume 168, Number 197 (Monday, December 19, 2022)]
[Senate]
[Pages S7304-S7305]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 PREVENTING CHILD SEX ABUSE ACT OF 2022

  Mr. KELLY. Mr. President, I ask unanimous consent that the Committee 
on the Judiciary be discharged from further consideration of S. 4719, 
and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 4719) to protect children against sexual abuse 
     and exploitation, and for other purposes.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  The PRESIDING OFFICER. I ask unanimous consent that the Grassley 
substitute amendment at the desk be considered and agreed to; that the 
bill, as amended, be considered read a third time and passed; and that 
the motion to reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 6549) in the nature of a substitute was agreed to 
as follows:

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Preventing Child Sex Abuse 
     Act of 2022''.

     SEC. 2. SENSE OF CONGRESS.

       The sense of Congress is the following:
       (1) The safety of children should be a top priority for 
     public officials and communities in the United States.
       (2) According to the Rape, Abuse & Incest National Network, 
     an individual in the United States is sexually assaulted 
     every 68 seconds. And every 9 minutes, that victim is a 
     child. Meanwhile, only 25 out of every 1,000 perpetrators 
     will end up in prison.
       (3) The effects of child sexual abuse can be long-lasting 
     and affect the victim's mental health.
       (4) Victims are more likely than non-victims to experience 
     the following mental health challenges:
       (A) Victims are about 4 times more likely to develop 
     symptoms of drug abuse.
       (B) Victims are about 4 times more likely to experience 
     post-traumatic stress disorder as adults.
       (C) Victims are about 3 times more likely to experience a 
     major depressive episode as adults.
       (5) The criminal justice system should and has acted as an 
     important line of defense to protect children and hold 
     perpetrators accountable.
       (6) However, the horrific crimes perpetuated by Larry 
     Nassar demonstrate firsthand the loopholes that still exist 
     in the criminal justice system. While Larry Nassar was found 
     guilty of several State-level offenses, he was not charged 
     federally for his illicit sexual contact with minors, despite 
     crossing State and international borders to commit this 
     conduct.
       (7) The Department of Justice has also identified a growing 
     trend of Americans who use charitable or missionary work in a 
     foreign country as a cover for sexual abuse of children.
       (8) It is the intent of Congress to prohibit Americans from 
     engaging in sexual abuse or exploitation of minors under the 
     guise of work, including volunteer work, with an organization 
     that affects interstate or foreign commerce, such as an 
     international charity.
       (9) Federal law does not require that an abuser's intention 
     to engage in sexual abuse be a primary, significant, 
     dominant, or motivating purpose of the travel.
       (10) Child sexual abuse does not require physical contact 
     between the abuser and the child. This is especially true as 
     perpetrators turn increasingly to internet platforms, online 
     chat rooms, and webcams to commit child sexual abuse.
       (11) However, a decision of the United States Court of 
     Appeals for the Seventh Circuit found the use of a webcam to 
     engage in sexually provocative activity with a minor did not 
     qualify as ``sexual activity''.
       (12) Congress can address this issue by amending the 
     definition of the term ``sexual activity'' to clarify that it 
     does not require interpersonal, physical contact.
       (13) It is the duty of Congress to provide clearer guidance 
     to ensure that those who commit crimes against children are 
     prosecuted to the fullest extent of the law.

     SEC. 3. INTERSTATE CHILD SEXUAL ABUSE.

       Section 2423 of title 18, United States Code, is amended--
       (1) in subsection (b), by striking ``with a motivating 
     purpose of engaging in any illicit sexual conduct with 
     another person'' and inserting ``with intent to engage in any 
     illicit sexual conduct with another person'';
       (2) by redesignating subsections (d), (e), (f), and (g) as 
     subsections (e), (f), (g), and (i), respectively;
       (3) in subsection (e), as so redesignated, by striking 
     ``with a motivating purpose of engaging in any illicit sexual 
     conduct'' and inserting ``with intent to engage in any 
     illicit sexual conduct''; and
       (4) by inserting after subsection (g), as so redesignated, 
     the following:
       ``(h) Rule of Construction.--As used in this section, the 
     term `intent' shall be construed as any intention to engage 
     in illicit sexual conduct at the time of the travel.''.

     SEC. 4. ABUSE UNDER THE GUISE OF CHARITY.

       Section 2423 of title 18, United States Code, as amended by 
     section 3 of this Act, is amended--
       (1) by inserting after subsection (c) the following:
       ``(d) Illicit Sexual Conduct in Connection With Certain 
     Organizations.--Any citizen of the United States or alien 
     admitted for permanent residence who--
       ``(1) is an officer, director, employee, or agent of an 
     organization that affects interstate or foreign commerce;
       ``(2) makes use of the mails or any means or 
     instrumentality of interstate or foreign commerce through the 
     connection or affiliation of the person with such 
     organization; and
       ``(3) commits an act in furtherance of illicit sexual 
     conduct through the connection or affiliation of the person 
     with such organization,
     shall be fined under this title, imprisoned for not more than 
     30 years, or both.'';
       (2) in subsection (f), as so redesignated, by striking ``or 
     (d)'' and inserting ``(d), or (e)''; and
       (3) in subsection (i), as so redesignated, by striking 
     ``(f)(2)'' and inserting ``(g)(2)''.

     SEC. 5. SEXUAL ACTIVITY WITH MINORS.

       Section 2427 of title 18, United States Code, is amended by 
     inserting ``does not require interpersonal physical contact, 
     and'' before ``includes''.


[[Page S7305]]


  The bill (S. 4719), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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