(2) The harms caused by child pornography 
begin, but do not end, with child sex assault because 
child pornography is a permanent record of that 
abuse and trafficking in those images compounds 
the harm to the child. 
(3) In Paroline v. United States (2014), the 
Supreme Court recognized that ‘‘every viewing of 
child pornography is a repetition of the victim’s 
abuse’’. 
(4) The American Professional Society on the 
Abuse of Children has stated that for victims of 
child pornography, ‘‘the sexual abuse of the child, 
the memorialization of that abuse which becomes 
child pornography, and its subsequent distribution 
and viewing become psychologically intertwined and 
each compound the harm suffered by the child-vic-
tim’’. 
(5) Victims suffer continuing and grievous 
harm as a result of knowing that a large, indetermi-
nate number of individuals have viewed and will in 
the future view images of their childhood sexual 
abuse. Harms of this sort are a major reason that 
child pornography is outlawed. 
(6) The unlawful collective conduct of every in-
dividual who reproduces, distributes, or possesses 
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the images of a victim’s childhood sexual abuse plays 
a part in sustaining and aggravating the harms to 
that individual victim. 
(7) It is the intent of Congress that victims of 
child pornography be compensated for the harms re-
sulting from every perpetrator who contributes to 
their anguish. Such an aggregate causation standard 
reflects the nature of child pornography and the 
unique ways that it actually harms victims. 
SEC. 3. DETERMINING RESTITUTION. 
(a) DETERMINING RESTITUTION.—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 striking paragraph (3); 
(3) by redesignating paragraph (2) as para-
graph (3); and 
(4) by inserting after paragraph (1) the fol-
lowing: 
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‘‘(2) RESTITUTION FOR TRAFFICKING IN CHILD 
PORNOGRAPHY.—If the defendant was convicted of 
trafficking in child pornography, the court shall 
order restitution under this section in an amount to 
be determined by the court as follows: 
‘‘(A) DETERMINING THE FULL AMOUNT OF 
A VICTIM’S LOSSES.—The court shall determine 
the full amount of the victim’s losses that were 
incurred or are reasonably projected to be in-
curred by the victim as a result of the traf-
ficking in child pornography depicting the vic-
tim. 
‘‘(B) 
DETERMINING
A
RESTITUTION 
AMOUNT.—After completing the determination 
required under subparagraph (A), the court 
shall order restitution in an amount that re-
flects the defendant’s relative role in the causal 
process that underlies the victim’s losses, but 
which is no less than $3,000. 
‘‘(C) TERMINATION OF PAYMENT.—A vic-
tim’s total aggregate recovery pursuant to this 
section shall not exceed the full amount of the 
victim’s demonstrated losses. After the victim 
has received restitution in the full amount of 
the victim’s losses as measured by the greatest 
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amount of such losses found in any case involv-
ing that victim that has resulted in a final res-
titution order 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 require the 
victim to provide information concerning the 
amount of restitution the victim has been paid 
in other cases for the same losses.’’. 
(b) ADDITIONAL DEFINITIONS.—Section 2259(c) of 
title 18, United States Code, is amended— 
(1) in the heading, by striking ‘‘DEFINITION’’ 
and inserting ‘‘DEFINITIONS’’; 
(2) by striking ‘‘For purposes’’ and inserting 
the following: 
‘‘(4) 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 inserting before paragraph (4), as so 
designated, the following: 
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‘‘(1) 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 2251A, section 2252A(g) (in cases in 
which the series of felony violations involves at least 
1 of the violations listed in this subsection), section 
2260(a), or any offense under chapter 109A or 
chapter 117 that involved the production of child 
pornography (as such term is defined in section 
2256). 
‘‘(2) 
FULL
AMOUNT
OF
THE
VICTIM’S 
LOSSES.—For purposes of this subsection, the term 
‘full amount of the victim’s losses’ includes any costs 
incurred, or that are reasonably projected to be in-
curred in the future, by the victim, as a proximate 
result of the offenses involving the victim, and in the 
case of trafficking in child pornography offenses, as 
a proximate result of all trafficking in child pornog-
raphy offenses involving the same victim, includ-
ing— 
‘‘(A) medical services relating to physical, 
psychiatric, or psychological care; 
‘‘(B) physical and occupational therapy or 
rehabilitation; 
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‘‘(C) necessary transportation, temporary 
housing, and child care expenses; 
‘‘(D) lost income; 
‘‘(E) reasonable 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), 2252, 2252A(a) 
(1) through (5), 2252A(g) (in cases in which the se-
ries of felony violations exclusively involves violations 
of section 2251(d), 2252, 2252A(a) (1) through (5), 
or 2260(b)), or 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.— 
‘‘(1) DEFINED
MONETARY
ASSISTANCE
MADE 
AVAILABLE AT VICTIM’S ELECTION.— 
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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) ATTORNEY FEES.— 
‘‘(A) IN
GENERAL.—An attorney rep-
resenting a victim seeking defined monetary as-
sistance under this subsection may not charge, 
receive, or collect, and the court may not ap-
prove, any payment of fees and costs that in 
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the aggregate exceeds 15 percent of any pay-
ment made under this subsection. 
‘‘(B) PENALTY.—An attorney who violates 
subparagraph (A) shall be fined under this title, 
imprisoned not more than 1 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); 
‘‘(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. 
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‘‘(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-
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 or trafficking offense 
that the defendant committed. 
‘‘(C) An assessment under this section. 
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‘‘(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 paragraphs (2), (3), and (4), in a Child Por-
nography Victims Reserve, which may be used by 
the Attorney General for payments under section 
2259(d) of title 18, United States Code. 
‘‘(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 lim-
itation on obligations from amounts deposited to or 
available in the Fund.’’. 
(c) CHILD
PORNOGRAPHY
VICTIMS
RESERVE.— 
Chapter 110 of title 18, United States Code, is amended 
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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 (34 U.S.C. 20101(d)) all assessments col-
lected under section 2259A and any gifts, bequests, or do-
nations to the Child Pornography 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 
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 
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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 prior to the 
date of the enactment of the Amy, Vicky, and Andy Child 
Pornography Victim Assistance Act of 2018, but who are 
sentenced after such date, shall be subject to the statutory 
scheme that was in effect at the time the offenses were 
committed.’’. 
(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.’’. 
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) In any criminal proceeding, a victim, as 
defined under section 2259(c)(4), shall have reason-
able access to any property or material that con-
stitutes child pornography, as defined under section 
2256(8), depicting the victim, for inspection, view-
ing, and examination at a Government facility or 
court, by the victim, his or her attorney, and any in-
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dividual the victim may seek to qualify to furnish ex-
pert testimony, but under no circumstances may 
such child pornography be copied, photographed, du-
plicated, or otherwise reproduced. Such property or 
material may be redacted to protect the privacy of 
third parties.’’. 
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)— 
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(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’’. 
(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’’. 
SEC. 8. REPORTS. 
Not later than 2 years 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 
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through 5, and shall include an assessment of the funding 
levels for the Child Pornography Victims Reserve. 
Æ 
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