I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Child Vic5 tims Act of 2016’’. 


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1 SEC. 2. RESTITUTION IN THE CASE OF TRAFFICKING IN 

2 CHILD PORNOGRAPHY CONVICTIONS. 

3 (a) RESTITUTION IN THE CASE OF TRAFFICKING IN

4 CHILD PORNOGRAPHY CONVICTIONS.—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 

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

12 victim’s losses’’; 

13 (2) by inserting after paragraph (1) the fol14 lowing: 

15 ‘‘(2) RESTITUTION FOR TRAFFICKING IN CHILD

16 PORNOGRAPHY CONVICTIONS.—In the case of a con17 viction for trafficking in child pornography, the 

18 order of restitution under this section shall direct 

19 the defendant to pay the victim (through the appro20 priate court mechanism) an amount of restitution 

21 determined by the court as follows: 

22 ‘‘(A) FULL AMOUNT OF VICTIM’S LOSSES

23 DETERMINED.—The court shall first determine 

24 the full amount of the victim’s losses that were 

25 incurred or reasonably projected to be incurred 

26 by the victim as a result of the trafficking in 


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1 child pornography on or after the date of the 

2 conduct constituting the offense. 

3 ‘‘(B) TERMINATION OF PAYMENT.—A vic4 tim’s total aggregate recovery pursuant to this 

5 section shall not exceed the full amount of the 

6 victim’s proven losses. After the victim has re7 ceived restitution in the full amount of the vic8 tim’s losses as measured by the greatest 

9 amount of such losses found, in any case involv10 ing that victim that has resulted in a final res11 titution under this section, the liability of each 

12 defendant who is or has been ordered to pay 

13 restitution for such losses to that victim shall 

14 be terminated. The court may direct the victim 

15 to provide information concerning the amount 

16 of restitution the victim has been paid in other 

17 cases for the same losses.’’; 

18 (3) by striking paragraph (3); and 

19 (4) by redesignating paragraph (2) as para20 graph (3). 

21 (b) ADDITIONAL DEFINITIONS.—Section 2259(c) of 

22 title 18, United States Code, is amended— 

23 (1) in the heading, to read as follows: ‘‘DEFINI24 TIONS’’; 


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1 (2) by striking ‘‘For purposes’’ and inserting 

2 the following: 

3 ‘‘(1) VICTIM.—For purposes’’; 

4 (3) by striking ‘‘under this chapter, including, 

5 in the case’’ and inserting ‘‘under this chapter. In 

6 the case’’; 

7 (4) by inserting after ‘‘or any other person ap8 pointed as suitable by the court,’’ the following: 

9 ‘‘may assume the crime victim’s rights under this 

10 section,’’; and 

11 (5) by adding at the end the following: 

12 ‘‘(2) TRAFFICKING IN CHILD PORNOGRAPHY.— 

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

14 term ‘trafficking in child pornography’ means con15 duct proscribed by section 2251(d), section 2252, 

16 paragraphs (1) though (5) of section 2252A(a), sec17 tion 2252A(g) (in cases in which the series of felony 

18 violations exclusively involves violations of section 

19 2251(d), 2252, 2252A(a)(1)–(5), or 2260(b)), or 

20 section 2260(b). 

21 ‘‘(3) CHILD PORNOGRAPHY PRODUCTION.—For 

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

23 ‘child pornography production’ means conduct pro24 scribed by subsections (a) through (c) of section 

25 2251, section 2252A(g) (in cases in which the series 


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1 of felony violations involves at least one violation of 

2 such subsections), or section 2260(a). 

3 ‘‘(4) FULL AMOUNT OF THE VICTIM’S

4 LOSSES.—For purposes of this section, the term ‘full 

5 amount of the victim’s losses’ includes any costs in6 curred, or reasonably projected to be incurred in the 

7 future, by the victim, as a proximate result of the 

8 offense of conviction or, in the case of a trafficking 

9 in child pornography conviction, as a proximate re10 sult 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) attorneys’ fees, as well as other costs 

20 incurred; and 

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

22 the victim.’’. 

23 (c) FIXED COMPENSATION.—Section 2259 of title 

24 18, United States Code, is amended by adding at the end 

25 the following: 


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1 ‘‘(d) CHOICE TO RECEIVE FIXED COMPENSATION.— 

2 ‘‘(1) FIXED COMPENSATION MADE AVAILABLE

3 AT VICTIM’S ELECTION.— 

4 ‘‘(A) ELECTION TO RECEIVE COMPENSA5 TION.—A victim of trafficking in child pornog6 raphy may opt to receive fixed compensation 

7 from the Child Pornography Victims’ Fund. 

8 The court must first make a finding that the 

9 claimant is a victim of trafficking in child por10 nography. Upon such a finding and a deter11 mination by the victim to receive fixed com12 pensation, the court shall order payment in ac13 cordance with subparagraph (B) to the victim 

14 from the Child Pornography Victims’ Fund. 

15 ‘‘(B) AMOUNT OF COMPENSATION.—The 

16 amount of compensation payable is equal to— 

17 ‘‘(i) for calendar year 1st effective 

18 year, $35,000; and 

19 ‘‘(ii) for each calendar year thereafter, 

20 $35,000 multiplied by the ratio (not less 

21 than 1) of— 

22 ‘‘(I) the Consumer Price Index 

23 for all Urban Consumer (CPI–U, as 

24 published by the Bureau of Labor 

25 Statistics of the Department of 


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1 Labor) for the calendar year pre2 ceding such calendar year, to 

3 ‘‘(II) the CPI–U for calendar 

4 year 2 years prior to effective year. 

5 ‘‘(2) LIMITATIONS ON FIXED COMPENSATION.— 

6 A victim may only obtain fixed compensation once. 

7 Obtaining fixed compensation shall not bar or limit 

8 the victim from receiving restitution against any de9 fendant for any offenses other than trafficking in 

10 child pornography. A victim who receives fixed com11 pensation from the Child Pornography Victims’ 

12 Fund may subsequently seek restitution under this 

13 section in trafficking in child pornography cases. 

14 However, when determining the amount of restitu15 tion, the court shall deduct the amount the victim 

16 received in fixed compensation from the full amount 

17 of the victim’s losses and shall exclude losses in18 curred prior to the payment of fixed compensation. 

19 ‘‘(3) ACCEPTANCE OF RESTITUTION TO MAKE

20 VICTIM INELIGIBLE FOR FIXED COMPENSATION.—A 

21 victim who has collected payment of restitution pur22 suant to this section in an amount greater than the 

23 amount provided for under paragraph (1)(B) in a 

24 trafficking in child pornography case shall be ineli25 gible to receive fixed compensation. 


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1 ‘‘(4) ATTORNEY’S FEES.— 

2 ‘‘(A) IN GENERAL.—An attorney may not 

3 charge, receive, or collect, and the court may 

4 not approve, any payment of fees and costs that 

5 in the aggregate exceeds 25 percent of any pay6 ment made under this section. 

7 ‘‘(B) PENALTY.—Any attorney who vio8 lates paragraph (1) shall be fined under this 

9 title or imprisoned for not more than 1 year, or 

10 both.’’. 

11 (d) CLERICAL AMENDMENT.—Section 1593(b)(3) of 

12 title 18, United States Code, is amended by striking ‘‘sec13 tion 2259(b)(3)’’ and inserting ‘‘section 2259(c)(4)’’. 

14 SEC. 3. ASSESSMENTS IN CHILD PORNOGRAPHY CASES. 

15 (a) ASSESSMENTS IN CHILD PORNOGRAPHY

16 CASES.—Chapter 110 of title 18, United States Code, is 

17 amended by inserting after section 2259 the following: 

18 ‘‘§ 2259A. Assessments in trafficking in child pornog19 raphy cases 

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

21 penalty, restitution, or special assessment authorized by 

22 law, the court shall assess— 

23 ‘‘(1) not more than $17,000 on any person con24 victed of an offense under sections 2252(a)(4) or 

25 2252A(a)(5); 


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1 ‘‘(2) not more than $35,000 on any person con2 victed of any other offense for trafficking in child 

3 pornography; and 

4 ‘‘(3) not more than $50,000 on any person con5 victed of a child pornography production offense. 

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

7 subsection (a) shall be adjusted annually in conformity 

8 with the Consumer Price Index. 

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

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

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

12 3572. 

13 ‘‘(d) IMPOSITION AND IMPLEMENTATION.— 

14 ‘‘(1) IN GENERAL.—The provisions of sub15 chapter C of chapter 227 (other than section 3571) 

16 and subchapter B of chapter 229 (relating to fines) 

17 apply to assessments under this section, except that 

18 paragraph (2) applies in lieu of any contrary provi19 sions of law relating to fines or disbursement of 

20 money received from a defendant. 

21 ‘‘(2) EFFECT ON OTHER PENALTIES.—Imposi22 tion of an assessment under this section does not re23 lieve a defendant of, or entitle a defendant to reduce 

24 the amount of any other penalty by the amount of 

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1 ant shall be disbursed so that each of the following 

2 obligations is paid in full in the following sequence: 

3 ‘‘(A) A special assessment under section 

4 3013. 

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

6 pornography production offense that the de7 fendant committed. 

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

9 ‘‘(D) Other orders under section 2259 or 

10 any other section of this title. 

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

12 other payments required under the sentence. 

13 ‘‘§ 2259B. Establishment of fund 

14 ‘‘(a) ESTABLISHMENT.—There is established in the 

15 general fund of the Treasury a separate account to be 

16 known as the ‘Child Pornography Victim’s Fund’ (herein17 after in this section referred to as the ‘Fund’). 

18 ‘‘(b) DEPOSITS IN FUND.—Notwithstanding any 

19 other provision of law, there shall be deposited in the Fund 

20 all assessments collected under section 2259A and any 

21 gifts, bequests, or donations to the Fund from private en22 tities or individuals. 

23 ‘‘(c) RETENTION OF SUMS IN FUND; AVAILABILITY

24 FOR EXPENDITURE WITHOUT FISCAL YEAR LIMITA25 TION.—Sums deposited in the Fund shall remain in the 


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1 Fund and be available for expenditure without fiscal year 

2 limitation. 

3 ‘‘(d) AVAILABILITY FOR COMPENSATION PAY4 MENTS.—Amounts in the Fund shall be available for pay5 ment of compensation pursuant to section 2259(d). If at 

6 any time the Fund has insufficient funds to make all of 

7 the payments ordered under section 2259(d), the Fund 

8 shall make such payments as it can satisfy in full with 

9 the available funds. In determining the order in which 

10 such payments shall be made, the Fund shall make pay11 ments based on the date they were ordered, with the ear12 liest-ordered payments made first. Sums shall be eligible 

13 to be disbursed from the Fund beginning on the date that 

14 is 6 months after the date of enactment of this title. 

15 ‘‘(e) ADMINISTRATION.—The Attorney General shall 

16 administer the Child Pornography Victim’s Fund and 

17 shall issue guidelines and regulations to implement this 

18 section. 

19 ‘‘(f) SENSE OF CONGRESS.—It is the intent of Con20 gress that individuals who violate this Chapter before this 

21 legislation is enacted, but who are sentenced after this leg22 islation is enacted, shall be subject to the statutory scheme 

23 that was in effect at the time the offenses were com24 mitted.’’ 


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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for chapter of title 18, United States Code, is amended 

3 by inserting after the item pertaining to section 2259 the 

4 following: 

‘‘Sec. 2259A. Assessments in trafficking in child pornography cases. 

‘‘Sec. 2259B. Establishment of fund.’’. 

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

6 FUND. 

7 Section 1402(d)(3)(A) of chapter XIV of title II of 

8 Public Law 98–473 (42 U.S.C. 10601(d)(3)(A)) is amend9 ed to read as follows: 

10 ‘‘(A) Of the sums remaining in the 

11 Fund— 

12 ‘‘(i) in any particular fiscal year after 

13 compliance with paragraph (2), such sums 

14 as may be necessary shall be available only 

15 for— 

16 ‘‘(I) the United States Attorneys 

17 Offices and the Federal Bureau of In18 vestigation to provide and improve 

19 services for the benefit of crime vic20 tims in the Federal criminal justice 

21 system (as described in section 3771 

22 of title 18 and section 503 of the 

23 Crime Control Act of 1990) through 

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1 ists, and advocates, including for the 

2 administrative support of victim coor3 dinators and advocates providing such 

4 services; and 

5 ‘‘(II) a Victim Notification Sys6 tem; and 

7 ‘‘(ii) in fiscal year 2017, $5,000,000 

8 shall be transferred to the Child Pornog9 raphy Victims Fund established under sec10 tion 2259B of title 18, United States 

11 Code.’’. 

12 SEC. 5. CLERICAL AMENDMENTS. 

13 (a) EXPANSION OF CIVIL REMEDIES FOR SATISFAC14 TION OF AN UNPAID FINE.—Section 3613(c) of title 18, 

15 United States Code, is amended by inserting after ‘‘pursu16 ant to the provisions of subchapter C of chapter 227 of 

17 this title,’’ the following: ‘‘an assessment imposed pursu18 ant to section 2259A of this title,’’. 

19 (b) CLARIFICATION OF INTERSTATE OR FOREIGN

20 COMMERCE PROVISION REGARDING CERTAIN ACTIVITIES

21 PERTAINING TO CHILD PORNOGRAPHY.—Section 2252A 

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

23 (1) in subsection (a)(2)(A)— 

24 (A) by striking ‘‘using any means or facil25 ity of interstate or foreign commerce’’ before 


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1 ‘‘shipped or transported’’ and inserting ‘‘has 

2 been’’; and 

3 (B) by inserting after ‘‘child pornography’’ 

4 the following: ‘‘using any means or facility of 

5 interstate or foreign commerce or’’; and 

6 (2) in subsection (a)(2)(B)— 

7 (A) by striking ‘‘using any means or facil8 ity of interstate or foreign commerce’’ before 

9 ‘‘shipped or transported’’ and inserting ‘‘has 

10 been’’; and 

11 (B) by inserting after ‘‘child pornography’’ 

12 the following: ‘‘using any means or facility of 

13 interstate or foreign commerce or’’. 

14 (c) CLARIFICATION OF THE DEFINITION OF ‘‘SEXU15 ALLY EXPLICIT CONDUCT’’.—Section 2256(2) of title 18, 

16 United States Code, is amended— 

17 (1) in subparagraph (A)(v)— 

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

19 and 

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

21 and 

22 (2) in subparagraph (B)(iii)— 

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

24 and 

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


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1 (d) CLARIFICATION OF THE EXTENT OF THE OF2 FENSE OF COERCION AND ENTICEMENT OF A MINOR.— 

3 Section 3559(e)(2)(A) of title18, United States Code, is 

4 amended by striking ‘‘into prostitution’’. 

5 SEC. 6. REPORT ON IMPLEMENTATION. 

6 Not later than 18 months after the date of enactment 

7 of this Act, the Attorney General shall submit to Congress 

8 a report on the progress, if any, of the Department of Jus9 tice in obtaining restitution for victims of any offense 

10 under section 2251, 2251A, 2252, 2252A, or 2260 of title 

11 18, United States Code. 

Æ 


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