‘‘(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. 
‘‘(3) 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), 2251A, 2252, 
2252A, section 2252A(g) (in cases in which the se-
ries of felony violations exclusively involves violations 
listed in this section), or section 2260(b).’’. 
(c) 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)(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.— 
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‘‘(1) DEFINED
MONETARY
ASSISTANCE
MADE 
AVAILABLE AT VICTIM’S ELECTION.— 
‘‘(A) ELECTION
TO
RECEIVE
DEFINED 
MONETARY
ASSISTANCE.—Subject 
to 
para-
graphs (2) and (3), if the defendant was con-
victed of child pornography production, the vic-
tim of child pornography production 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. 
‘‘(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 
child pornography production. 
‘‘(C) ORDER.—If a court determines that 
a claimant is a victim of child pornography pro-
duction under subparagraph (B) and the claim-
ant chooses to receive defined monetary assist-
ance, the court shall order payment in accord-
ance with subparagraph (D) to the victim from 
the Child Pornography Victims’ Reserve estab-
lished under section 1402(d)(6) of the Victims 
of Crime Act of 1984. 
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‘‘(D) AMOUNT OF DEFINED MONETARY AS-
SISTANCE.—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 multi-
plied by the ratio (not less than one) 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 pre-
ceding 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 AS-
SISTANCE.— 
‘‘(A) IN GENERAL.—A victim may only ob-
tain defined monetary assistance under this 
subsection once. 
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‘‘(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 restitu-
tion against any defendant for any offenses not 
covered by this section. 
‘‘(C) DEDUCTION.—If a victim who re-
ceived defined monetary assistance under this 
subsection subsequently seeks restitution under 
this section, the court shall deduct the amount 
the victim received in defined monetary assist-
ance 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 ineli-
gible to receive defined monetary assistance under 
this subsection. 
‘‘(4) GUARDIAN AD LITEM.— 
‘‘(A) IN GENERAL.—In all cases alleging 
child pornography production, the court shall 
appoint a guardian ad litem, who shall be an 
attorney, for each identified victim of the child 
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pornography production, pursuant to section 
3509(h). 
‘‘(B) FEES.—A guardian ad litem ap-
pointed pursuant to this subsection may not 
charge, receive, or collect, without court ap-
proval for good cause shown, any fees or pay-
ment of expenses that in the aggregate exceed 
10 percent of any defined monetary assistance 
payment made under this subsection. 
‘‘(C) PENALTY.—Any guardian ad litem 
who violates subparagraph (B) shall be fined 
under this title, imprisoned for not more than 
one 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: 
‘‘§ 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 con-
victed of an offense under section 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 and 
restitution to victims of any trafficking in child 
pornography offenses. 
‘‘(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.—Sec-
tion 1402(d) 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 para-
graphs (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. 
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‘‘(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 de-
posited 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: 
‘‘§ 2259B. Child pornography victims reserve 
‘‘(a) DEPOSITS
INTO
THE
RESERVE.—Notwith-
standing any other provision of law, there shall be depos-
ited into the Child Pornography Victims Reserve estab-
lished under section 1402(d)(6) of the Victims of Crime 
Act of 1984 all assessments collected under section 2259A 
and any gifts, bequests, or donations to the Child Pornog-
raphy Victims Reserve from private entities or individuals. 
‘‘(b) AVAILABILITY FOR DEFINED MONETARY AS-
SISTANCE.—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 
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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 Con-
gress that individuals who violate this chapter before this 
legislation is enacted, but who are sentenced after this leg-
islation is enacted, shall be subject to the statutory scheme 
that was in effect at the time the offenses were com-
mitted.’’. 
(d) CLERICAL AMENDMENT.—The table of sections 
for chapter 110 of title 18, United States Code, is amend-
ed by inserting after the item relating to section 2259 the 
following: 
‘‘2259A. Assessments in child pornography cases. 
‘‘2259B. Child pornography victims reserve.’’. 
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SEC. 6. CHILD PORNOGRAPHY VICTIM’S RIGHT TO EVI-
DENCE. 
Section 3509(m) of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(3)(A) In any criminal proceeding, a victim of 
trafficking in child pornography or child pornog-
raphy production, as those terms are defined in sec-
tion 2259(c), shall have access to any property or 
material that constitutes child pornography, as de-
fined by section 2256, depicting the victim, for in-
spection, viewing, and examination at a Government 
facility, by the victim, his or her attorney, and any 
individual the victim may seek to qualify to furnish 
expert testimony. 
‘‘(B) A victim of trafficking in child pornog-
raphy or child pornography production, as those 
terms are defined in section 2259(c), his or her at-
torney, and any individual the victim may seek to 
qualify to furnish expert testimony may not copy, 
photograph, duplicate, or otherwise reproduce any 
property or material that constitutes child pornog-
raphy, as defined by section 2256 of this title, so 
long as the Government makes the property or mate-
rial reasonably available to the victim, his or her at-
torney, and any individual the victim may seek to 
qualify to furnish expert testimony.’’. 
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SEC. 7. CLERICAL AMENDMENTS. 
(a) EXPANSION OF CIVIL REMEDIES FOR SATISFAC-
TION OF AN UNPAID FINE.—Section 3613(c) of title 18, 
United States Code, is amended by inserting ‘‘an assess-
ment imposed pursuant to section 2259A of this title,’’ 
after ‘‘pursuant to the provisions of subchapter C of chap-
ter 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 facil-
ity of interstate or foreign commerce’’ and in-
serting ‘‘has been’’; and 
(B) by inserting ‘‘using any means or facil-
ity of interstate or foreign commerce or’’ after 
‘‘child pornography’’; and 
(2) in subparagraph (B)— 
(A) by striking ‘‘using any means or facil-
ity of interstate or foreign commerce’’ and in-
serting ‘‘has been’’; and 
(B) by inserting ‘‘using any means or facil-
ity of interstate or foreign commerce or’’ after 
‘‘child pornography’’. 
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(c) CLARIFICATION OF THE DEFINITION OF ‘‘SEXU-
ALLY 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 OF-
FENSE OF COERCION AND ENTICEMENT OF A MINOR.— 
Section 3559(e)(2)(A) of title 18, United States Code, is 
amended by striking ‘‘into prostitution’’. 
SEC. 8. REPORT ON IMPLEMENTATION. 
Not later than 24 months 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. 
Æ 
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