[Congressional Record Volume 164, Number 16 (Tuesday, January 23, 2018)]
[Senate]
[Pages S471-S475]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  AMY, VICKY, AND ANDY CHILD PORNOGRAPHY VICTIM ASSISTANCE ACT OF 2017

  Mr. DAINES. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 293, S. 2152.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 2152) to amend title 18, United States Code, to 
     provide for assistance for victims of child pornography, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with 
amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

       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 2017''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The demand for child pornography harms children because 
     it drives production, which involves severe and often 
     irreparable child sexual abuse and exploitation.
       (2) The harms caused by child pornography begin, but do not 
     end, with child sex abuse 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. Multiple 
     actors independently commit intentional crimes that combine 
     to produce an indivisible injury to a victim.
       (7) It is the intent of Congress that victims of child 
     pornography be fully compensated for all the harms resulting 
     from every perpetrator who contributes to their anguish.

[[Page S472]]

     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 for trafficking in child 
     pornography, the order of restitution under this section 
     shall direct the defendant to pay the victim (through the 
     appropriate court mechanism) an amount of restitution 
     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.
       ``(B) Determining a restitution amount.--After completing 
     the determination required under subparagraph (A), the court 
     shall enter an order of restitution against the defendant in 
     favor of the victim in an amount which is [not less than 
     $3000 and not greater than 1 percent of the full amount of 
     the victim's losses when the full amount of a victim's losses 
     are greater than $300,000.]  between $3,000 and 1 percent of 
     the full amount of the victim's losses.
       ``(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 direct 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 [section 2251, 
     section 2251A] subsections (a) through (c) of section 2251, 
     section 2252A(g) [if at least one of the offenses listed in 
     this section is charged as part of a series of offenses] (in 
     cases in which the series of felony violations involves at 
     least 1 of the violations listed in this section), section 
     2260(a), or any offense under chapter 109A or chapter 117 
     that involved the production of child pornography, as defined 
     in section 2256.
       ``(2) Full amount of the victim's losses.--For purposes of 
     this section, the term `full amount of the victim's losses' 
     includes any costs incurred, or reasonably projected to be 
     incurred in the future, by the victim, and in the case of a 
     trafficking in child pornography conviction, 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) 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), 2251A, 2252, 2252A, section 2252A(g) [if at least 
     one of the offenses listed in this section is charged as part 
     of a series of offenses] (in cases in which the series of 
     felony violations exclusively involves violations listed in 
     this section), or section 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), if the defendant was 
     convicted of child pornography production, the victim of 
     child pornography production 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.
       ``(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 child pornography production.
       ``(C) Order.--If a court determines that a claimant is a 
     victim of child pornography production 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 Consumer (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) Guardian ad litem.--
       ``(A) In general.--In all cases alleging child pornography 
     production, the court shall appoint a guardian ad litem, who 
     shall be an attorney, for each identified victim of the child 
     pornography production, pursuant to section 3509(h).
       ``(B) Fees.--A guardian ad litem appointed pursuant to this 
     subsection may not charge, receive, or collect, without court 
     approval for good cause shown, any fees or payment of 
     expenses that in the aggregate exceed 10 percent of any 
     defined monetary assistance payment made under this 
     subsection.
       ``(C) Penalty.--Any guardian ad litem who violates 
     subparagraph (B) shall be fined under this title, imprisoned 
     for not more than one 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

[[Page S473]]

     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 offense that the defendant committed.
       ``(C) An assessment under this section and restitution to 
     victims of any trafficking in child pornography offenses.
       ``(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) 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 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 before this legislation 
     is enacted, but who are sentenced after this legislation is 
     enacted, 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)(A) In any criminal proceeding, a victim of 
     trafficking in child pornography or child pornography 
     production, as those terms are defined in section 2259(c), 
     shall have access to any property or material that 
     constitutes child pornography, as defined by section 2256, 
     depicting the victim, for inspection, viewing, and 
     examination at a Government facility, by the victim, his or 
     her attorney, and any individual the victim may seek to 
     qualify to furnish expert testimony.
       ``(B) A victim of trafficking in child pornography or child 
     pornography production, as those terms are defined in section 
     2259(c), his or her attorney, and any individual the victim 
     may seek to qualify to furnish expert testimony may not copy, 
     photograph, duplicate, or otherwise reproduce any property or 
     material that constitutes child pornography, as defined by 
     section 2256 of this title, so long as the Government makes 
     the property or material reasonably available to the victim, 
     his or her attorney, and any individual the victim may seek 
     to qualify to furnish expert testimony.''.

     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''.
       (d) Clarification of the Extent of the Offense of Coercion 
     and Enticement of a Minor.--Section 3559(e)(2)(A) of title 
     18, United States Code, is amended by striking ``into 
     prostitution''.

     SEC. 8. REPORT ON IMPLEMENTATION.

       Not later than 24 months 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.

  Mr. DAINES. Mr. President, I ask unanimous consent that the 
committee-reported amendments be 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 committee-reported amendments were agreed to.
  The bill (S. 2152), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 2152

       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 2017''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The demand for child pornography harms children because 
     it drives production, which involves severe and often 
     irreparable child sexual abuse and exploitation.
       (2) The harms caused by child pornography begin, but do not 
     end, with child sex abuse 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. Multiple 
     actors independently commit intentional crimes that combine 
     to produce an indivisible injury to a victim.
       (7) It is the intent of Congress that victims of child 
     pornography be fully compensated for all 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 for trafficking in child 
     pornography, the order of restitution under this section

[[Page S474]]

     shall direct the defendant to pay the victim (through the 
     appropriate court mechanism) an amount of restitution 
     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.
       ``(B) Determining a restitution amount.--After completing 
     the determination required under subparagraph (A), the court 
     shall enter an order of restitution against the defendant in 
     favor of the victim in an amount which is between $3,000 and 
     1 percent of the full amount of the victim's losses.
       ``(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 direct 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 2252A(g) (in cases in 
     which the series of felony violations involves at least 1 of 
     the violations listed in this section), section 2260(a), or 
     any offense under chapter 109A or chapter 117 that involved 
     the production of child pornography, as defined in section 
     2256.
       ``(2) Full amount of the victim's losses.--For purposes of 
     this section, the term `full amount of the victim's losses' 
     includes any costs incurred, or reasonably projected to be 
     incurred in the future, by the victim, and in the case of a 
     trafficking in child pornography conviction, 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) 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), 2251A, 2252, 2252A, section 2252A(g) (in cases in 
     which the series of felony violations exclusively involves 
     violations listed in this section), or section 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), if the defendant was 
     convicted of child pornography production, the victim of 
     child pornography production 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.
       ``(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 child pornography production.
       ``(C) Order.--If a court determines that a claimant is a 
     victim of child pornography production 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 Consumer (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) Guardian ad litem.--
       ``(A) In general.--In all cases alleging child pornography 
     production, the court shall appoint a guardian ad litem, who 
     shall be an attorney, for each identified victim of the child 
     pornography production, pursuant to section 3509(h).
       ``(B) Fees.--A guardian ad litem appointed pursuant to this 
     subsection may not charge, receive, or collect, without court 
     approval for good cause shown, any fees or payment of 
     expenses that in the aggregate exceed 10 percent of any 
     defined monetary assistance payment made under this 
     subsection.
       ``(C) Penalty.--Any guardian ad litem who violates 
     subparagraph (B) shall be fined under this title, imprisoned 
     for not more than one 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 offense that the defendant committed.
       ``(C) An assessment under this section and restitution to 
     victims of any trafficking in child pornography offenses.
       ``(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) 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

[[Page S475]]

     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 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 before this legislation 
     is enacted, but who are sentenced after this legislation is 
     enacted, 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)(A) In any criminal proceeding, a victim of 
     trafficking in child pornography or child pornography 
     production, as those terms are defined in section 2259(c), 
     shall have access to any property or material that 
     constitutes child pornography, as defined by section 2256, 
     depicting the victim, for inspection, viewing, and 
     examination at a Government facility, by the victim, his or 
     her attorney, and any individual the victim may seek to 
     qualify to furnish expert testimony.
       ``(B) A victim of trafficking in child pornography or child 
     pornography production, as those terms are defined in section 
     2259(c), his or her attorney, and any individual the victim 
     may seek to qualify to furnish expert testimony may not copy, 
     photograph, duplicate, or otherwise reproduce any property or 
     material that constitutes child pornography, as defined by 
     section 2256 of this title, so long as the Government makes 
     the property or material reasonably available to the victim, 
     his or her attorney, and any individual the victim may seek 
     to qualify to furnish expert testimony.''.

     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''.
       (d) Clarification of the Extent of the Offense of Coercion 
     and Enticement of a Minor.--Section 3559(e)(2)(A) of title 
     18, United States Code, is amended by striking ``into 
     prostitution''.

     SEC. 8. REPORT ON IMPLEMENTATION.

       Not later than 24 months 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.

                          ____________________