    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-299
    115th Congress

    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.

    [[Page 4384]]

    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

    [[Page 4385]]

    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.

    [[Page 4386]]

    ``(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);

    [[Page 4387]]

    ``(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

    [[Page 4388]]

    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

    [[Page 4389]]

    (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.

    Approved December 7, 2018.

    LEGISLATIVE HISTORY--S. 2152:
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    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Jan. 23, considered and passed Senate.
    Sept. 28, considered and passed House, amended.
    Nov. 15, Senate concurred in House amendment.