[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2152 Enrolled Bill (ENR)]

        S.2152

                     One Hundred Fifteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
           the third day of January, two thousand and eighteen


                                 An Act


 
  To amend title 18, United States Code, to provide for assistance for 
          victims of child pornography, and for other purposes.

    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 ``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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.