I 
114TH CONGRESS 
2D SESSION 
H. R. 6440 
To amend title 18, United States Code, to provide for new procedures regard-
ing the payment of restitution by defendants convicted of child pornog-
raphy 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 de-
fendants convicted of child pornography offenses, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice for Child Vic-
tims Act of 2016’’. 
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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 fol-
lowing: 
‘‘(2) RESTITUTION FOR TRAFFICKING IN CHILD 
PORNOGRAPHY CONVICTIONS.—In the case of a con-
viction for trafficking in child pornography, the 
order of restitution under this section shall direct 
the defendant to pay the victim (through the appro-
priate 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 
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child pornography on or after the date of the 
conduct constituting the offense. 
‘‘(B) TERMINATION OF PAYMENT.—A vic-
tim’s total aggregate recovery pursuant to this 
section shall not exceed the full amount of the 
victim’s proven losses. After the victim has re-
ceived restitution in the full amount of the vic-
tim’s losses as measured by the greatest 
amount of such losses found, in any case involv-
ing that victim that has resulted in a final res-
titution 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 para-
graph (3). 
(b) ADDITIONAL DEFINITIONS.—Section 2259(c) of 
title 18, United States Code, is amended— 
(1) in the heading, to read as follows: ‘‘DEFINI-
TIONS’’; 
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(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 ap-
pointed 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 con-
duct proscribed by section 2251(d), section 2252, 
paragraphs (1) though (5) of section 2252A(a), sec-
tion 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 pro-
scribed by subsections (a) through (c) of section 
2251, section 2252A(g) (in cases in which the series 
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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 in-
curred, 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 re-
sult 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: 
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‘‘(d) CHOICE TO RECEIVE FIXED COMPENSATION.— 
‘‘(1) FIXED COMPENSATION MADE AVAILABLE 
AT VICTIM’S ELECTION.— 
‘‘(A) ELECTION TO RECEIVE COMPENSA-
TION.—A victim of trafficking in child pornog-
raphy 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 por-
nography. Upon such a finding and a deter-
mination by the victim to receive fixed com-
pensation, the court shall order payment in ac-
cordance 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 
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Labor) for the calendar year pre-
ceding 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 de-
fendant for any offenses other than trafficking in 
child pornography. A victim who receives fixed com-
pensation 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 restitu-
tion, 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 in-
curred 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 pur-
suant 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 ineli-
gible to receive fixed compensation. 
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‘‘(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 pay-
ment made under this section. 
‘‘(B) PENALTY.—Any attorney who vio-
lates 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 ‘‘sec-
tion 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: 
‘‘§ 2259A. Assessments in trafficking in child pornog-
raphy 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 con-
victed of an offense under sections 2252(a)(4) or 
2252A(a)(5); 
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‘‘(2) not more than $35,000 on any person con-
victed of any other offense for trafficking in child 
pornography; and 
‘‘(3) not more than $50,000 on any person con-
victed 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 sub-
chapter 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 provi-
sions of law relating to fines or disbursement of 
money received from a defendant. 
‘‘(2) EFFECT ON OTHER PENALTIES.—Imposi-
tion of an assessment under this section does not re-
lieve 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 defend-
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ant 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 de-
fendant 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. 
‘‘§ 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’ (herein-
after 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 en-
tities or individuals. 
‘‘(c) RETENTION OF SUMS IN FUND; AVAILABILITY 
FOR EXPENDITURE WITHOUT FISCAL YEAR LIMITA-
TION.—Sums deposited in the Fund shall remain in the 
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