```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6440 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 6440

 To amend title 18, United States Code, to provide for new procedures 
 regarding the payment of restitution by defendants convicted of child 
             pornography offenses, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2016

Mr. Gowdy (for himself, Mr. Goodlatte, and Ms. Jackson Lee) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend title 18, United States Code, to provide for new procedures 
 regarding the payment of restitution by defendants convicted of child 
             pornography offenses, 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 ``Justice for Child Victims Act of 
2016''.

SEC. 2. RESTITUTION IN THE CASE OF TRAFFICKING IN CHILD PORNOGRAPHY 
              CONVICTIONS.

    (a) Restitution in the Case of Trafficking in Child Pornography 
Convictions.--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 inserting after paragraph (1) the following:
            ``(2) Restitution for trafficking in child pornography 
        convictions.--In the case of a conviction 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) Full amount of victim's losses determined.--
                The court shall first determine the full amount of the 
                victim's losses that were incurred or reasonably 
                projected to be incurred by the victim as a result of 
                the trafficking in child pornography on or after the 
                date of the conduct constituting the offense.
                    ``(B) Termination of payment.--A victim's total 
                aggregate recovery pursuant to this section shall not 
                exceed the full amount of the victim's proven 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 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.'';
            (3) by striking paragraph (3); and
            (4) by redesignating paragraph (2) as paragraph (3).
    (b) Additional Definitions.--Section 2259(c) of title 18, United 
States Code, is amended--
            (1) in the heading, to read as follows: ``Definitions'';
            (2) by striking ``For purposes'' and inserting the 
        following:
            ``(1) 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 adding at the end the following:
            ``(2) 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), 
        section 2252, paragraphs (1) though (5) of section 2252A(a), 
        section 2252A(g) (in cases in which the series of felony 
        violations exclusively involves violations of section 2251(d), 
        2252, 2252A(a)(1)-(5), or 2260(b)), or section 2260(b).
            ``(3) 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 one violation of 
        such subsections), or section 2260(a).
            ``(4) 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, as a proximate result of 
        the offense of conviction or, 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.''.
    (c) Fixed Compensation.--Section 2259 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(d) Choice To Receive Fixed Compensation.--
            ``(1) Fixed compensation made available at victim's 
        election.--
                    ``(A) Election to receive compensation.--A victim 
                of trafficking in child pornography may opt to receive 
                fixed compensation from the Child Pornography Victims' 
                Fund. The court must first make a finding that the 
                claimant is a victim of trafficking in child 
                pornography. Upon such a finding and a determination by 
                the victim to receive fixed compensation, the court 
                shall order payment in accordance with subparagraph (B) 
                to the victim from the Child Pornography Victims' Fund.
                    ``(B) Amount of compensation.--The amount of 
                compensation payable is equal to--
                            ``(i) for calendar year 1st effective year, 
                        $35,000; and
                            ``(ii) for each calendar year thereafter, 
                        $35,000 multiplied by the ratio (not less than 
                        1) 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 calendar year 
                                2 years prior to effective year.
            ``(2) Limitations on fixed compensation.--A victim may only 
        obtain fixed compensation once. Obtaining fixed compensation 
        shall not bar or limit the victim from receiving restitution 
        against any defendant for any offenses other than trafficking 
        in child pornography. A victim who receives fixed compensation 
        from the Child Pornography Victims' Fund may subsequently seek 
        restitution under this section in trafficking in child 
        pornography cases. However, when determining the amount of 
        restitution, the court shall deduct the amount the victim 
        received in fixed compensation from the full amount of the 
        victim's losses and shall exclude losses incurred prior to the 
        payment of fixed compensation.
            ``(3) Acceptance of restitution to make victim ineligible 
        for fixed compensation.--A victim who has collected payment of 
        restitution pursuant to this section in an amount greater than 
        the amount provided for under paragraph (1)(B) in a trafficking 
        in child pornography case shall be ineligible to receive fixed 
        compensation.
            ``(4) Attorney's fees.--
                    ``(A) In general.--An attorney may not charge, 
                receive, or collect, and the court may not approve, any 
                payment of fees and costs that in the aggregate exceeds 
                25 percent of any payment made under this section.
                    ``(B) Penalty.--Any attorney who violates paragraph 
                (1) shall be fined under this title or imprisoned for 
                not more than 1 year, or both.''.
    (d) 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)(4)''.

SEC. 3. 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 trafficking 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 sections 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.
                    ``(D) Other orders under section 2259 or any other 
                section of this title.
                    ``(E) All other fines, penalties, costs, and other 
                payments required under the sentence.
``Sec. 2259B. Establishment of fund
    ``(a) Establishment.--There is established in the general fund of 
the Treasury a separate account to be known as the `Child Pornography 
Victim's Fund' (hereinafter in this section referred to as the `Fund').
    ``(b) Deposits in Fund.--Notwithstanding any other provision of 
law, there shall be deposited in the Fund all assessments collected 
under section 2259A and any gifts, bequests, or donations to the Fund 
from private entities or individuals.
    ``(c) Retention of Sums in Fund; Availability for Expenditure 
Without Fiscal Year Limitation.--Sums deposited in the Fund shall 
remain in the Fund and be available for expenditure without fiscal year 
limitation.
    ``(d) Availability for Compensation Payments.--Amounts in the Fund 
shall be available for payment of compensation pursuant to section 
2259(d). If at any time the Fund has insufficient funds to make all of 
the payments ordered under section 2259(d), the Fund shall make such 
payments as it can satisfy in full with the available funds. In 
determining the order in which such payments shall be made, the Fund 
shall make payments based on the date they were ordered, with the 
earliest-ordered payments made first. Sums shall be eligible to be 
disbursed from the Fund beginning on the date that is 6 months after 
the date of enactment of this title.
    ``(e) Administration.--The Attorney General shall administer the 
Child Pornography Victim's Fund and shall issue guidelines and 
regulations to implement this section.
    ``(f) Sense of Congress.--It is the intent 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.''
    (b) Clerical Amendment.--The table of sections for chapter of title 
18, United States Code, is amended by inserting after the item 
pertaining to section 2259 the following:

``Sec. 2259A. Assessments in trafficking in child pornography cases.
``Sec. 2259B. Establishment of fund.''.

SEC. 4. ALLOCATION OF AMOUNTS IN THE CRIME VICTIMS FUND.

    Section 1402(d)(3)(A) of chapter XIV of title II of Public Law 98-
473 (42 U.S.C. 10601(d)(3)(A)) is amended to read as follows:
                    ``(A) Of the sums remaining in the Fund--
                            ``(i) in any particular fiscal year after 
                        compliance with paragraph (2), such sums as may 
                        be necessary shall be available only for--
                                    ``(I) the United States Attorneys 
                                Offices and the Federal Bureau of 
                                Investigation to provide and improve 
                                services for the benefit of crime 
                                victims in the Federal criminal justice 
                                system (as described in section 3771 of 
                                title 18 and section 503 of the Crime 
                                Control Act of 1990) through victim 
                                coordinators, victims' specialists, and 
                                advocates, including for the 
                                administrative support of victim 
                                coordinators and advocates providing 
                                such services; and
                                    ``(II) a Victim Notification 
                                System; and
                            ``(ii) in fiscal year 2017, $5,000,000 
                        shall be transferred to the Child Pornography 
                        Victims Fund established under section 2259B of 
                        title 18, United States Code.''.

SEC. 5. 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 after ``pursuant to the provisions of subchapter C of chapter 
227 of this title,'' the following: ``an assessment imposed pursuant to 
section 2259A of this title,''.
    (b) Clarification of Interstate or Foreign Commerce Provision 
Regarding Certain Activities Pertaining to Child Pornography.--Section 
2252A of title 18, United States Code, is amended--
            (1) in subsection (a)(2)(A)--
                    (A) by striking ``using any means or facility of 
                interstate or foreign commerce'' before ``shipped or 
                transported'' and inserting ``has been''; and
                    (B) by inserting after ``child pornography'' the 
                following: ``using any means or facility of interstate 
                or foreign commerce or''; and
            (2) in subsection (a)(2)(B)--
                    (A) by striking ``using any means or facility of 
                interstate or foreign commerce'' before ``shipped or 
                transported'' and inserting ``has been''; and
                    (B) by inserting after ``child pornography'' the 
                following: ``using any means or facility of interstate 
                or foreign commerce or''.
    (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 title18, United States 
Code, is amended by striking ``into prostitution''.

SEC. 6. REPORT ON IMPLEMENTATION.

    Not later than 18 months after the date of enactment of this Act, 
the Attorney General shall submit to Congress a report on the progress, 
if any, of the Department of Justice in obtaining restitution for 
victims of any offense under section 2251, 2251A, 2252, 2252A, or 2260 
of title 18, United States Code.
                                 <all>
```