[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2152 Engrossed Amendment House (EAH)]

<DOC>
                In the House of Representatives, U. S.,

                                                    September 28, 2018.
    Resolved, That the bill from the Senate (S. 2152) entitled ``An Act 
to amend title 18, United States Code, to provide for assistance for 
victims of child pornography, and for other purposes.'', do pass with 
the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Amy, Vicky, and Andy Child 
Pornography Victim Assistance Act of 2018''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The demand for child pornography harms children because 
        it drives production, which involves severe child sexual abuse 
        and exploitation.
            (2) The harms caused by child pornography begin, but do not 
        end, with child sex assault because child pornography is a 
        permanent record of that abuse and trafficking in those images 
        compounds the harm to the child.
            (3) In Paroline v. United States (2014), the Supreme Court 
        recognized that ``every viewing of child pornography is a 
        repetition of the victim's abuse''.
            (4) The American Professional Society on the Abuse of 
        Children has stated that for victims of child pornography, 
        ``the sexual abuse of the child, the memorialization of that 
        abuse which becomes child pornography, and its subsequent 
        distribution and viewing become psychologically intertwined and 
        each compound the harm suffered by the child-victim''.
            (5) Victims suffer continuing and grievous harm as a result 
        of knowing that a large, indeterminate number of individuals 
        have viewed and will in the future view images of their 
        childhood sexual abuse. Harms of this sort are a major reason 
        that child pornography is outlawed.
            (6) The unlawful collective conduct of every individual who 
        reproduces, distributes, or possesses the images of a victim's 
        childhood sexual abuse plays a part in sustaining and 
        aggravating the harms to that individual victim.
            (7) It is the intent of Congress that victims of child 
        pornography be compensated for the harms resulting from every 
        perpetrator who contributes to their anguish. Such an aggregate 
        causation standard reflects the nature of child pornography and 
        the unique ways that it actually harms victims.

SEC. 3. DETERMINING RESTITUTION.

    (a) Determining Restitution.--Section 2259(b) of title 18, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``The order'' and inserting 
                ``Except as provided in paragraph (2), the order''; and
                    (B) by striking ``as determined by the court 
                pursuant to paragraph (2)'' after ``of the victim's 
                losses'';
            (2) by striking paragraph (3);
            (3) by redesignating paragraph (2) as paragraph (3); and
            (4) by inserting after paragraph (1) the following:
            ``(2) Restitution for trafficking in child pornography.--If 
        the defendant was convicted of trafficking in child 
        pornography, the court shall order restitution under this 
        section in an amount to be determined by the court as follows:
                    ``(A) Determining the full amount of a victim's 
                losses.--The court shall determine the full amount of 
                the victim's losses that were incurred or are 
                reasonably projected to be incurred by the victim as a 
                result of the trafficking in child pornography 
                depicting the victim.
                    ``(B) Determining a restitution amount.--After 
                completing the determination required under 
                subparagraph (A), the court shall order restitution in 
                an amount that reflects the defendant's relative role 
                in the causal process that underlies the victim's 
                losses, but which is no less than $3,000.
                    ``(C) Termination of payment.--A victim's total 
                aggregate recovery pursuant to this section shall not 
                exceed the full amount of the victim's demonstrated 
                losses. After the victim has received restitution in 
                the full amount of the victim's losses as measured by 
                the greatest amount of such losses found in any case 
                involving that victim that has resulted in a final 
                restitution order under this section, the liability of 
                each defendant who is or has been ordered to pay 
                restitution for such losses to that victim shall be 
                terminated. The court may require the victim to provide 
                information concerning the amount of restitution the 
                victim has been paid in other cases for the same 
                losses.''.
    (b) Additional Definitions.--Section 2259(c) of title 18, United 
States Code, is amended--
            (1) in the heading, by striking ``Definition'' and 
        inserting ``Definitions'';
            (2) by striking ``For purposes'' and inserting the 
        following:
            ``(4) Victim.--For purposes'';
            (3) by striking ``under this chapter, including, in the 
        case'' and inserting ``under this chapter. In the case'';
            (4) by inserting after ``or any other person appointed as 
        suitable by the court,'' the following: ``may assume the crime 
        victim's rights under this section,''; and
            (5) by inserting before paragraph (4), as so designated, 
        the following:
            ``(1) Child pornography production.--For purposes of this 
        section and section 2259A, the term `child pornography 
        production' means conduct proscribed by subsections (a) through 
        (c) of section 2251, section 2251A, section 2252A(g) (in cases 
        in which the series of felony violations involves at least 1 of 
        the violations listed in this subsection), section 2260(a), or 
        any offense under chapter 109A or chapter 117 that involved the 
        production of child pornography (as such term is defined in 
        section 2256).
            ``(2) Full amount of the victim's losses.--For purposes of 
        this subsection, the term `full amount of the victim's losses' 
        includes any costs incurred, or that are reasonably projected 
        to be incurred in the future, by the victim, as a proximate 
        result of the offenses involving the victim, and in the case of 
        trafficking in child pornography offenses, as a proximate 
        result of all trafficking in child pornography offenses 
        involving the same victim, including--
                    ``(A) medical services relating to physical, 
                psychiatric, or psychological care;
                    ``(B) physical and occupational therapy or 
                rehabilitation;
                    ``(C) necessary transportation, temporary housing, 
                and child care expenses;
                    ``(D) lost income;
                    ``(E) reasonable attorneys' fees, as well as other 
                costs incurred; and
                    ``(F) any other relevant losses incurred by the 
                victim.
            ``(3) Trafficking in child pornography.--For purposes of 
        this section and section 2259A, the term `trafficking in child 
        pornography' means conduct proscribed by section 2251(d), 2252, 
        2252A(a)(1) through (5), 2252A(g)(in cases in which the series 
        of felony violations exclusively involves violations of section 
        2251(d), 2252, 2252A(a)(1) through (5), or 2260(b)), or 
        2260(b).''.
    (c) Clerical Amendment.--Section 1593(b)(3) of title 18, United 
States Code, is amended by striking ``section 2259(b)(3)'' and 
inserting ``section 2259(c)(2)''.

SEC. 4. DEFINED MONETARY ASSISTANCE.

    Section 2259 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(d) Defined Monetary Assistance.--
            ``(1) Defined monetary assistance made available at 
        victim's election.--
                    ``(A) Election to receive defined monetary 
                assistance.--Subject to paragraphs (2) and (3), when a 
                defendant is convicted of trafficking in child 
                pornography, any victim of that trafficking in child 
                pornography may choose to receive defined monetary 
                assistance from the Child Pornography Victims Reserve 
                established under section 1402(d)(6) of the Victims of 
                Crime Act of 1984 (34 U.S.C. 20101(d)).
                    ``(B) Finding.--To be eligible for defined monetary 
                assistance under this subsection, a court shall 
                determine whether the claimant is a victim of the 
                defendant who was convicted of trafficking in child 
                pornography.
                    ``(C) Order.--If a court determines that a claimant 
                is a victim of trafficking in child pornography under 
                subparagraph (B) and the claimant chooses to receive 
                defined monetary assistance, the court shall order 
                payment in accordance with subparagraph (D) to the 
                victim from the Child Pornography Victims Reserve 
                established under section 1402(d)(6) of the Victims of 
                Crime Act of 1984.
                    ``(D) Amount of defined monetary assistance.--The 
                amount of defined monetary assistance payable under 
                this subparagraph shall be equal to--
                            ``(i) for the first calendar year after the 
                        date of enactment of this subsection, $35,000; 
                        and
                            ``(ii) for each calendar year after the 
                        year described in clause (i), $35,000 
                        multiplied by the ratio (not less than one) 
                        of--
                                    ``(I) the Consumer Price Index for 
                                all Urban Consumers (CPI-U, as 
                                published by the Bureau of Labor 
                                Statistics of the Department of Labor) 
                                for the calendar year preceding such 
                                calendar year; to
                                    ``(II) the CPI-U for the calendar 
                                year 2 years before the calendar year 
                                described in clause (i).
            ``(2) Limitations on defined monetary assistance.--
                    ``(A) In general.--A victim may only obtain defined 
                monetary assistance under this subsection once.
                    ``(B) Effect on recovery of other restitution.--A 
                victim who obtains defined monetary assistance under 
                this subsection shall not be barred or limited from 
                receiving restitution against any defendant for any 
                offenses not covered by this section.
                    ``(C) Deduction.--If a victim who received defined 
                monetary assistance under this subsection subsequently 
                seeks restitution under this section, the court shall 
                deduct the amount the victim received in defined 
                monetary assistance when determining the full amount of 
                the victim's losses.
            ``(3) Limitations on eligibility.--A victim who has 
        collected payment of restitution pursuant to this section in an 
        amount greater than the amount provided for under paragraph 
        (1)(D) shall be ineligible to receive defined monetary 
        assistance under this subsection.
            ``(4) Attorney fees.--
                    ``(A) In general.--An attorney representing a 
                victim seeking defined monetary assistance under this 
                subsection may not charge, receive, or collect, and the 
                court may not approve, any payment of fees and costs 
                that in the aggregate exceeds 15 percent of any payment 
                made under this subsection.
                    ``(B) Penalty.--An attorney who violates 
                subparagraph (A) shall be fined under this title, 
                imprisoned not more than 1 year, or both.''.

SEC. 5. ASSESSMENTS IN CHILD PORNOGRAPHY CASES.

    (a) Assessments in Child Pornography Cases.--Chapter 110 of title 
18, United States Code, is amended by inserting after section 2259 the 
following:
``Sec. 2259A. Assessments in child pornography cases
    ``(a) In General.--In addition to any other criminal penalty, 
restitution, or special assessment authorized by law, the court shall 
assess--
            ``(1) not more than $17,000 on any person convicted of an 
        offense under section 2252(a)(4) or 2252A(a)(5);
            ``(2) not more than $35,000 on any person convicted of any 
        other offense for trafficking in child pornography; and
            ``(3) not more than $50,000 on any person convicted of a 
        child pornography production offense.
    ``(b) Annual Adjustment.--The dollar amounts in subsection (a) 
shall be adjusted annually in conformity with the Consumer Price Index.
    ``(c) Factors Considered.--In determining the amount of the 
assessment under subsection (a), the court shall consider the factors 
set forth in sections 3553(a) and 3572.
    ``(d) Imposition and Implementation.--
            ``(1) In general.--The provisions of subchapter C of 
        chapter 227 (other than section 3571) and subchapter B of 
        chapter 229 (relating to fines) apply to assessments under this 
        section, except that paragraph (2) applies in lieu of any 
        contrary provisions of law relating to fines or disbursement of 
        money received from a defendant.
            ``(2) Effect on other penalties.--Imposition of an 
        assessment under this section does not relieve a defendant of, 
        or entitle a defendant to reduce the amount of any other 
        penalty by the amount of the assessment. Any money received 
        from a defendant shall be disbursed so that each of the 
        following obligations is paid in full in the following 
        sequence:
                    ``(A) A special assessment under section 3013.
                    ``(B) Restitution to victims of any child 
                pornography production or trafficking offense that the 
                defendant committed.
                    ``(C) An assessment under this section.
                    ``(D) Other orders under any other section of this 
                title.
                    ``(E) All other fines, penalties, costs, and other 
                payments required under the sentence.''.
    (b) Child Pornography Victims Reserve.--Section 1402(d) of the 
Victims of Crime Act of 1984 (34 U.S.C. 20101(d)) is amended by adding 
at the end the following:
            ``(6)(A) The Director may set aside up to $10,000,000 of 
        the amounts remaining in the Fund in any fiscal year after 
        distributing the amounts under paragraphs (2), (3), and (4), in 
        a Child Pornography Victims Reserve, which may be used by the 
        Attorney General for payments under section 2259(d) of title 
        18, United States Code.
            ``(B) Amounts in the reserve may be carried over from 
        fiscal year to fiscal year, but the total amount of the reserve 
        shall not exceed $10,000,000. Notwithstanding subsection (c) 
        and any limitation on Fund obligations in any future Act, 
        unless the same should expressly refer to this section, any 
        such amounts carried over shall not be subject to any 
        limitation on obligations from amounts deposited to or 
        available in the Fund.''.
    (c) Child Pornography Victims Reserve.--Chapter 110 of title 18, 
United States Code, is amended by inserting after section 2259A, as 
added by subsection (a), the following:
``Sec. 2259B. Child pornography victims reserve
    ``(a) Deposits Into the Reserve.--Notwithstanding any other 
provision of law, there shall be deposited into the Child Pornography 
Victims Reserve established under section 1402(d)(6) of the Victims of 
Crime Act of 1984 (34 U.S.C. 20101(d)) all assessments collected under 
section 2259A and any gifts, bequests, or donations to the Child 
Pornography Victims Reserve from private entities or individuals.
    ``(b) Availability for Defined Monetary Assistance.--Amounts in the 
Child Pornography Victims Reserve shall be available for payment of 
defined monetary assistance pursuant to section 2259(d). If at any time 
the Child Pornography Victims Reserve has insufficient funds to make 
all of the payments ordered under section 2259(d), the Child 
Pornography Victims Reserve shall make such payments as it can satisfy 
in full from available funds. In determining the order in which such 
payments shall be made, the Child Pornography Victims Reserve shall 
make payments based on the date they were ordered, with the earliest-
ordered payments made first.
    ``(c) Administration.--The Attorney General shall administer the 
Child Pornography Victims Reserve and shall issue guidelines and 
regulations to implement this section.
    ``(d) Sense of Congress.--It is the sense of Congress that 
individuals who violate this chapter prior to the date of the enactment 
of the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 
2018, but who are sentenced after such date, shall be subject to the 
statutory scheme that was in effect at the time the offenses were 
committed.''.
    (d) Clerical Amendment.--The table of sections for chapter 110 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 2259 the following:

``2259A. Assessments in child pornography cases
``2259B. Child pornography victims reserve''.

SEC. 6. CHILD PORNOGRAPHY VICTIM'S RIGHT TO EVIDENCE.

    Section 3509(m) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(3) In any criminal proceeding, a victim, as defined 
        under section 2259(c)(4), shall have reasonable access to any 
        property or material that constitutes child pornography, as 
        defined under section 2256(8), depicting the victim, for 
        inspection, viewing, and examination at a Government facility 
        or court, by the victim, his or her attorney, and any 
        individual the victim may seek to qualify to furnish expert 
        testimony, but under no circumstances may such child 
        pornography be copied, photographed, duplicated, or otherwise 
        reproduced. Such property or material may be redacted to 
        protect the privacy of third parties.''.

SEC. 7. CLERICAL AMENDMENTS.

    (a) Expansion of Civil Remedies for Satisfaction of an Unpaid 
Fine.--Section 3613(c) of title 18, United States Code, is amended by 
inserting ``an assessment imposed pursuant to section 2259A of this 
title,'' after ``pursuant to the provisions of subchapter C of chapter 
227 of this title,''.
    (b) Clarification of Interstate or Foreign Commerce Provision 
Regarding Certain Activities Pertaining to Child Pornography.--Section 
2252A (a)(2) of title 18, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``using any means or facility of 
                interstate or foreign commerce'' and inserting ``has 
                been''; and
                    (B) by inserting ``using any means or facility of 
                interstate or foreign commerce or'' after ``child 
                pornography''; and
            (2) in subparagraph (B)--
                    (A) by striking ``using any means or facility of 
                interstate or foreign commerce'' and inserting ``has 
                been''; and
                    (B) by inserting ``using any means or facility of 
                interstate or foreign commerce or'' after ``child 
                pornography''.
    (c) Clarification of the Definition of ``Sexually Explicit 
Conduct''.--Section 2256(2) of title 18, United States Code, is 
amended--
            (1) in subparagraph (A)(v)--
                    (A) by inserting ``anus,'' before ``genitals''; and
                    (B) by inserting a comma after ``genitals''; and
            (2) in subparagraph (B)(iii)--
                    (A) by inserting ``anus,'' before ``genitals''; and
                    (B) by inserting a comma after ``genitals''.

SEC. 8. REPORTS.

    Not later than 2 years after the date of enactment of this Act, the 
Attorney General shall submit to Congress a report on the progress of 
the Department of Justice in implementing the amendments made by 
sections 3 through 5, and shall include an assessment of the funding 
levels for the Child Pornography Victims Reserve.

            Attest:

                                                                 Clerk.
115th CONGRESS

  2d Session

                                S. 2152

_______________________________________________________________________

                               AMENDMENT