In the House of Representatives, U. S., 

September 28, 2018. 

Resolved, That the bill from the Senate (S. 2152) entitled ‘‘An Act to amend title 18, United States Code, to provide for assistance for victims of child pornography, and for 

other purposes.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Amy, Vicky, and Andy 

3 Child Pornography Victim Assistance Act of 2018’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) The demand for child pornography harms 

7 children because it drives production, which involves 

8 severe child sexual abuse and exploitation. 

9 (2) The harms caused by child pornography 

10 begin, but do not end, with child sex assault because 

11 child pornography is a permanent record of that 

12 abuse and trafficking in those images compounds the 

13 harm to the child. 
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1 (3) In Paroline v. United States (2014), the Su2 preme Court recognized that ‘‘every viewing of child 

3 pornography is a repetition of the victim’s abuse’’. 

4 (4) The American Professional Society on the 

5 Abuse of Children has stated that for victims of child 

6 pornography, ‘‘the sexual abuse of the child, the me7 morialization of that abuse which becomes child por8 nography, and its subsequent distribution and view9 ing become psychologically intertwined and each com10 pound the harm suffered by the child-victim’’. 

11 (5) Victims suffer continuing and grievous harm 

12 as a result of knowing that a large, indeterminate 

13 number of individuals have viewed and will in the fu14 ture view images of their childhood sexual abuse. 

15 Harms of this sort are a major reason that child por16 nography is outlawed. 

17 (6) The unlawful collective conduct of every indi18 vidual who reproduces, distributes, or possesses the 

19 images of a victim’s childhood sexual abuse plays a 

20 part in sustaining and aggravating the harms to that 

21 individual victim. 

22 (7) It is the intent of Congress that victims of 

23 child pornography be compensated for the harms re24 sulting from every perpetrator who contributes to 

25 their anguish. Such an aggregate causation standard 
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1 reflects the nature of child pornography and the 

2 unique ways that it actually harms victims. 

3 SEC. 3. DETERMINING RESTITUTION. 

4 (a) DETERMINING RESTITUTION.—Section 2259(b) of 

5 title 18, United States Code, is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘The order’’ and inserting 

8 ‘‘Except as provided in paragraph (2), the 

9 order’’; and 

10 (B) by striking ‘‘as determined by the court 

11 pursuant to paragraph (2)’’ after ‘‘of the victim’s 

12 losses’’; 

13 (2) by striking paragraph (3); 

14 (3) by redesignating paragraph (2) as para15 graph (3); and 

16 (4) by inserting after paragraph (1) the fol17 lowing: 

18 ‘‘(2) RESTITUTION FOR TRAFFICKING IN CHILD

19 PORNOGRAPHY.—If the defendant was convicted of 

20 trafficking in child pornography, the court shall order 

21 restitution under this section in an amount to be de22 termined by the court as follows: 

23 ‘‘(A) DETERMINING THE FULL AMOUNT OF

24 A VICTIM’S LOSSES.—The court shall determine 

25 the full amount of the victim’s losses that were 
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1 incurred or are reasonably projected to be in2 curred by the victim as a result of the trafficking 

3 in child pornography depicting the victim. 

4 ‘‘(B) DETERMINING A RESTITUTION

5 AMOUNT.—After completing the determination 

6 required under subparagraph (A), the court shall 

7 order restitution in an amount that reflects the 

8 defendant’s relative role in the causal process 

9 that underlies the victim’s losses, but which is no 

10 less than $3,000. 

11 ‘‘(C) TERMINATION OF PAYMENT.—A vic12 tim’s total aggregate recovery pursuant to this 

13 section shall not exceed the full amount of the 

14 victim’s demonstrated losses. After the victim has 

15 received restitution in the full amount of the vic16 tim’s losses as measured by the greatest amount 

17 of such losses found in any case involving that 

18 victim that has resulted in a final restitution 

19 order under this section, the liability of each de20 fendant who is or has been ordered to pay res21 titution for such losses to that victim shall be ter22 minated. The court may require the victim to 

23 provide information concerning the amount of 

24 restitution the victim has been paid in other 

25 cases for the same losses.’’. 
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1 (b) ADDITIONAL DEFINITIONS.—Section 2259(c) of 

2 title 18, United States Code, is amended— 

3 (1) in the heading, by striking ‘‘DEFINITION’’ 

4 and inserting ‘‘DEFINITIONS’’; 

5 (2) by striking ‘‘For purposes’’ and inserting the 

6 following: 

7 ‘‘(4) VICTIM.—For purposes’’; 

8 (3) by striking ‘‘under this chapter, including, in 

9 the case’’ and inserting ‘‘under this chapter. In the 

10 case’’; 

11 (4) by inserting after ‘‘or any other person ap12 pointed as suitable by the court,’’ the following: ‘‘may 

13 assume the crime victim’s rights under this section,’’; 

14 and 

15 (5) by inserting before paragraph (4), as so des16 ignated, the following: 

17 ‘‘(1) CHILD PORNOGRAPHY PRODUCTION.—For 

18 purposes of this section and section 2259A, the term 

19 ‘child pornography production’ means conduct pro20 scribed by subsections (a) through (c) of section 2251, 

21 section 2251A, section 2252A(g) (in cases in which 

22 the series of felony violations involves at least 1 of the 

23 violations listed in this subsection), section 2260(a), 

24 or any offense under chapter 109A or chapter 117 
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1 that involved the production of child pornography (as 

2 such term is defined in section 2256). 

3 ‘‘(2) FULL AMOUNT OF THE VICTIM’S LOSSES.— 

4 For purposes of this subsection, the term ‘full amount 

5 of the victim’s losses’ includes any costs incurred, or 

6 that are reasonably projected to be incurred in the fu7 ture, by the victim, as a proximate result of the of8 fenses involving the victim, and in the case of traf9 ficking in child pornography offenses, as a proximate 

10 result of all trafficking in child pornography offenses 

11 involving the same victim, including— 

12 ‘‘(A) medical services relating to physical, 

13 psychiatric, or psychological care; 

14 ‘‘(B) physical and occupational therapy or 

15 rehabilitation; 

16 ‘‘(C) necessary transportation, temporary 

17 housing, and child care expenses; 

18 ‘‘(D) lost income; 

19 ‘‘(E) reasonable attorneys’ fees, as well as 

20 other costs incurred; and 

21 ‘‘(F) any other relevant losses incurred by 

22 the victim. 

23 ‘‘(3) TRAFFICKING IN CHILD PORNOGRAPHY.— 

24 For purposes of this section and section 2259A, the 

25 term ‘trafficking in child pornography’ means con-
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1 duct proscribed by section 2251(d), 2252, 2252A(a)(1) 

2 through (5), 2252A(g)(in cases in which the series of 

3 felony violations exclusively involves violations of sec4 tion 2251(d), 2252, 2252A(a)(1) through (5), or 

5 2260(b)), or 2260(b).’’. 

6 (c) CLERICAL AMENDMENT.—Section 1593(b)(3) of 

7 title 18, United States Code, is amended by striking ‘‘sec8 tion 2259(b)(3)’’ and inserting ‘‘section 2259(c)(2)’’. 

9 SEC. 4. DEFINED MONETARY ASSISTANCE. 

10 Section 2259 of title 18, United States Code, is amend11 ed by adding at the end the following: 

12 ‘‘(d) DEFINED MONETARY ASSISTANCE.— 

13 ‘‘(1) DEFINED MONETARY ASSISTANCE MADE

14 AVAILABLE AT VICTIM’S ELECTION.— 

15 ‘‘(A) ELECTION TO RECEIVE DEFINED MON16 ETARY ASSISTANCE.—Subject to paragraphs (2) 

17 and (3), when a defendant is convicted of traf18 ficking in child pornography, any victim of that 

19 trafficking in child pornography may choose to 

20 receive defined monetary assistance from the 

21 Child Pornography Victims Reserve established 

22 under section 1402(d)(6) of the Victims of Crime 

23 Act of 1984 (34 U.S.C. 20101(d)). 

24 ‘‘(B) FINDING.—To be eligible for defined 

25 monetary assistance under this subsection, a 
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1 court shall determine whether the claimant is a 

2 victim of the defendant who was convicted of 

3 trafficking in child pornography. 

4 ‘‘(C) ORDER.—If a court determines that a 

5 claimant is a victim of trafficking in child por6 nography under subparagraph (B) and the 

7 claimant chooses to receive defined monetary as8 sistance, the court shall order payment in ac9 cordance with subparagraph (D) to the victim 

10 from the Child Pornography Victims Reserve es11 tablished under section 1402(d)(6) of the Victims 

12 of Crime Act of 1984. 

13 ‘‘(D) AMOUNT OF DEFINED MONETARY AS14 SISTANCE.—The amount of defined monetary as15 sistance payable under this subparagraph shall 

16 be equal to— 

17 ‘‘(i) for the first calendar year after the 

18 date of enactment of this subsection, 

19 $35,000; and 

20 ‘‘(ii) for each calendar year after the 

21 year described in clause (i), $35,000 multi22 plied by the ratio (not less than one) of— 

23 ‘‘(I) the Consumer Price Index for 

24 all Urban Consumers (CPI–U, as pub25 lished by the Bureau of Labor Statis-
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1 tics of the Department of Labor) for 

2 the calendar year preceding such cal3 endar year; to 

4 ‘‘(II) the CPI–U for the calendar 

5 year 2 years before the calendar year 

6 described in clause (i). 

7 ‘‘(2) LIMITATIONS ON DEFINED MONETARY AS8 SISTANCE.— 

9 ‘‘(A) IN GENERAL.—A victim may only ob10 tain defined monetary assistance under this sub11 section once. 

12 ‘‘(B) EFFECT ON RECOVERY OF OTHER RES13 TITUTION.—A victim who obtains defined mone14 tary assistance under this subsection shall not be 

15 barred or limited from receiving restitution 

16 against any defendant for any offenses not cov17 ered by this section. 

18 ‘‘(C) DEDUCTION.—If a victim who received 

19 defined monetary assistance under this sub20 section subsequently seeks restitution under this 

21 section, the court shall deduct the amount the 

22 victim received in defined monetary assistance 

23 when determining the full amount of the victim’s 

24 losses. 
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1 ‘‘(3) LIMITATIONS ON ELIGIBILITY.—A victim 

2 who has collected payment of restitution pursuant to 

3 this section in an amount greater than the amount 

4 provided for under paragraph (1)(D) shall be ineli5 gible to receive defined monetary assistance under this 

6 subsection. 

7 ‘‘(4) ATTORNEY FEES.— 

8 ‘‘(A) IN GENERAL.—An attorney rep9 resenting a victim seeking defined monetary as10 sistance under this subsection may not charge, 

11 receive, or collect, and the court may not ap12 prove, any payment of fees and costs that in the 

13 aggregate exceeds 15 percent of any payment 

14 made under this subsection. 

15 ‘‘(B) PENALTY.—An attorney who violates 

16 subparagraph (A) shall be fined under this title, 

17 imprisoned not more than 1 year, or both.’’. 

18 SEC. 5. ASSESSMENTS IN CHILD PORNOGRAPHY CASES. 

19 (a) ASSESSMENTS IN CHILD PORNOGRAPHY CASES.— 

20 Chapter 110 of title 18, United States Code, is amended 

21 by inserting after section 2259 the following: 

22 ‘‘§ 2259A. Assessments in child pornography cases 

23 ‘‘(a) IN GENERAL.—In addition to any other criminal 

24 penalty, restitution, or special assessment authorized by 

25 law, the court shall assess— 
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1 ‘‘(1) not more than $17,000 on any person con2 victed of an offense under section 2252(a)(4) or 

3 2252A(a)(5); 

4 ‘‘(2) not more than $35,000 on any person con5 victed of any other offense for trafficking in child por6 nography; and 

7 ‘‘(3) not more than $50,000 on any person con8 victed of a child pornography production offense. 

9 ‘‘(b) ANNUAL ADJUSTMENT.—The dollar amounts in 

10 subsection (a) shall be adjusted annually in conformity 

11 with the Consumer Price Index. 

12 ‘‘(c) FACTORS CONSIDERED.—In determining the 

13 amount of the assessment under subsection (a), the court 

14 shall consider the factors set forth in sections 3553(a) and 

15 3572. 

16 ‘‘(d) IMPOSITION AND IMPLEMENTATION.— 

17 ‘‘(1) IN GENERAL.—The provisions of subchapter 

18 C of chapter 227 (other than section 3571) and sub19 chapter B of chapter 229 (relating to fines) apply to 

20 assessments under this section, except that paragraph 

21 (2) applies in lieu of any contrary provisions of law 

22 relating to fines or disbursement of money received 

23 from a defendant. 

24 ‘‘(2) EFFECT ON OTHER PENALTIES.—Imposi25 tion of an assessment under this section does not re-
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1 lieve a defendant of, or entitle a defendant to reduce 

2 the amount of any other penalty by the amount of the 

3 assessment. Any money received from a defendant 

4 shall be disbursed so that each of the following obliga5 tions is paid in full in the following sequence: 

6 ‘‘(A) A special assessment under section 

7 3013. 

8 ‘‘(B) Restitution to victims of any child 

9 pornography production or trafficking offense 

10 that the defendant committed. 

11 ‘‘(C) An assessment under this section. 

12 ‘‘(D) Other orders under any other section 

13 of this title. 

14 ‘‘(E) All other fines, penalties, costs, and 

15 other payments required under the sentence.’’. 

16 (b) CHILD PORNOGRAPHY VICTIMS RESERVE.—Sec17 tion 1402(d) of the Victims of Crime Act of 1984 (34 U.S.C. 

18 20101(d)) is amended by adding at the end the following: 

19 ‘‘(6)(A) The Director may set aside up to 

20 $10,000,000 of the amounts remaining in the Fund in 

21 any fiscal year after distributing the amounts under 

22 paragraphs (2), (3), and (4), in a Child Pornography 

23 Victims Reserve, which may be used by the Attorney 

24 General for payments under section 2259(d) of title 

25 18, United States Code. 
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1 ‘‘(B) Amounts in the reserve may be carried over 

2 from fiscal year to fiscal year, but the total amount 

3 of the reserve shall not exceed $10,000,000. Notwith4 standing subsection (c) and any limitation on Fund 

5 obligations in any future Act, unless the same should 

6 expressly refer to this section, any such amounts car7 ried over shall not be subject to any limitation on ob8 ligations from amounts deposited to or available in 

9 the Fund.’’. 

10 (c) CHILD PORNOGRAPHY VICTIMS RESERVE.—Chap11 ter 110 of title 18, United States Code, is amended by in12 serting after section 2259A, as added by subsection (a), the 

13 following: 

14 ‘‘§ 2259B. Child pornography victims reserve 

15 ‘‘(a) DEPOSITS INTO THE RESERVE.—Notwith16 standing any other provision of law, there shall be deposited 

17 into the Child Pornography Victims Reserve established 

18 under section 1402(d)(6) of the Victims of Crime Act of 

19 1984 (34 U.S.C. 20101(d)) all assessments collected under 

20 section 2259A and any gifts, bequests, or donations to the 

21 Child Pornography Victims Reserve from private entities 

22 or individuals. 

23 ‘‘(b) AVAILABILITY FOR DEFINED MONETARY ASSIST24 ANCE.—Amounts in the Child Pornography Victims Reserve 

25 shall be available for payment of defined monetary assist-
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1 ance pursuant to section 2259(d). If at any time the Child 

2 Pornography Victims Reserve has insufficient funds to 

3 make all of the payments ordered under section 2259(d), 

4 the Child Pornography Victims Reserve shall make such 

5 payments as it can satisfy in full from available funds. In 

6 determining the order in which such payments shall be 

7 made, the Child Pornography Victims Reserve shall make 

8 payments based on the date they were ordered, with the ear9 liest-ordered payments made first. 

10 ‘‘(c) ADMINISTRATION.—The Attorney General shall 

11 administer the Child Pornography Victims Reserve and 

12 shall issue guidelines and regulations to implement this sec13 tion. 

14 ‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress 

15 that individuals who violate this chapter prior to the date 

16 of the enactment of the Amy, Vicky, and Andy Child Por17 nography Victim Assistance Act of 2018, but who are sen18 tenced after such date, shall be subject to the statutory 

19 scheme that was in effect at the time the offenses were com20 mitted.’’. 

21 (d) CLERICAL AMENDMENT.—The table of sections for 

22 chapter 110 of title 18, United States Code, is amended by 

23 inserting after the item relating to section 2259 the fol24 lowing: 

‘‘2259A. Assessments in child pornography cases 

‘‘2259B. Child pornography victims reserve’’. 
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1 SEC. 6. CHILD PORNOGRAPHY VICTIM’S RIGHT TO EVI2 DENCE. 

3 Section 3509(m) of title 18, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(3) In any criminal proceeding, a victim, as 

6 defined under section 2259(c)(4), shall have reason7 able access to any property or material that con8 stitutes child pornography, as defined under section 

9 2256(8), depicting the victim, for inspection, viewing, 

10 and examination at a Government facility or court, 

11 by the victim, his or her attorney, and any individual 

12 the victim may seek to qualify to furnish expert testi13 mony, but under no circumstances may such child 

14 pornography be copied, photographed, duplicated, or 

15 otherwise reproduced. Such property or material may 

16 be redacted to protect the privacy of third parties.’’. 

17 SEC. 7. CLERICAL AMENDMENTS. 

18 (a) EXPANSION OF CIVIL REMEDIES FOR SATISFAC19 TION OF AN UNPAID FINE.—Section 3613(c) of title 18, 

20 United States Code, is amended by inserting ‘‘an assess21 ment imposed pursuant to section 2259A of this title,’’ after 

22 ‘‘pursuant to the provisions of subchapter C of chapter 227 

23 of this title,’’. 

24 (b) CLARIFICATION OF INTERSTATE OR FOREIGN COM25 MERCE PROVISION REGARDING CERTAIN ACTIVITIES PER-
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1 TAINING TO CHILD PORNOGRAPHY.—Section 2252A (a)(2) 

2 of title 18, United States Code, is amended— 

3 (1) in subparagraph (A)— 

4 (A) by striking ‘‘using any means or facil5 ity of interstate or foreign commerce’’ and in6 serting ‘‘has been’’; and 

7 (B) by inserting ‘‘using any means or facil8 ity of interstate or foreign commerce or’’ after 

9 ‘‘child pornography’’; and 

10 (2) in subparagraph (B)— 

11 (A) by striking ‘‘using any means or facil12 ity of interstate or foreign commerce’’ and in13 serting ‘‘has been’’; and 

14 (B) by inserting ‘‘using any means or facil15 ity of interstate or foreign commerce or’’ after 

16 ‘‘child pornography’’. 

17 (c) CLARIFICATION OF THE DEFINITION OF ‘‘SEXU18 ALLY EXPLICIT CONDUCT’’.—Section 2256(2) of title 18, 

19 United States Code, is amended— 

20 (1) in subparagraph (A)(v)— 

21 (A) by inserting ‘‘anus,’’ before ‘‘genitals’’; 

22 and 

23 (B) by inserting a comma after ‘‘genitals’’; 

24 and 

25 (2) in subparagraph (B)(iii)— 
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1 (A) by inserting ‘‘anus,’’ before ‘‘genitals’’; 

2 and 

3 (B) by inserting a comma after ‘‘genitals’’. 

4 SEC. 8. REPORTS. 

5 Not later than 2 years after the date of enactment of 

6 this Act, the Attorney General shall submit to Congress a 

7 report on the progress of the Department of Justice in im8 plementing the amendments made by sections 3 through 5, 

9 and shall include an assessment of the funding levels for 

10 the Child Pornography Victims Reserve. 

Attest: 

Clerk. 
115TH CONGRESS 

2D SESSION S. 2152 

AMENDMENT