[Congressional Record Volume 164, Number 161 (Friday, September 28, 2018)]
[House]
[Pages H9369-H9373]
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. MARINO. Mr. Speaker, I ask unanimous consent that the Committee
on the Judiciary be discharged from further consideration of the bill
(S. 2152) to amend title 18, United States Code, to provide for
assistance for victims of child pornography, and for other purposes,
and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
The text of the bill is 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
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
[[Page H9370]]
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 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
[[Page H9371]]
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.
Amendment Offered by Mr. Marino
Mr. MARINO. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will report the amendment.
The Clerk read as follows:
Strike all after the enacting clause and insert the
following:
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--
[[Page H9372]]
``(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
[[Page H9373]]
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.
Mr. MARINO (during the reading). Mr. Speaker, I ask unanimous consent
to dispense with the reading of the amendment.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
The amendment was agreed to.
The bill was ordered to be read a third time, was read the third
time, and passed, and a motion to reconsider was laid on the table.
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