,i #aacth ,,congress #b;d ,session ,h4 ,r4 #diha ,,in ,,the ,,house ,,of ,,representatives ,june #bf1 #bjad ,mr4 ,cartwright 7for himself1 ,mr4 ,blumenauer1 ,mr4 ,brady of ,pennsylvania1 ,mr4 ,braley of ,iowa1 ,mrs4 ,brooks of ,indiana1 ,ms4 ,brown of ,florida1 ,ms4 ,chu1 ,mr4 ,cicilline1 ,ms4 ,clark of ,massachusetts1 ,mr4 ,coffman1 ,mr4 ,cohen1 ,mr4 ,cooper1 ,mr4 ,cole1 ,mr4 ,cotton1 ,mr4 ,crowley1 ,mr4 ,cummings1 ,ms4 ,del,bene1 ,ms4 ,de,gette1 ,mr4 ,de,fazio1 ,mr4 ,de,santis1 ,mr4 ,deutch1 ,ms4 ,eshoo1 ,mr4 ,farr1 ,mr4 ,fattah1 ,ms4 ,fudge1 ,mr4 ,garcia1 ,mr4 ,gene ,green of ,texas1 ,mr4 ,hastings of ,florida1 ,mr4 ,hastings of ,washington1 ,mr4 ,israel1 ,ms4 ,jackson ,lee1 ,ms4 ,kaptur1 ,ms4 ,kuster1 ,mrs4 ,lowey1 ,mr4 ,marino1 ,mr4 ,meehan1 ,ms4 ,matsui1 ,mrs4 ,mc,carthy of ,new ,york1 ,mr4 ,meadows1 ,mr4 ,messer1 ,mr4 ,george ,miller of ,california1 ,mr4 ,meeks1 ,mr4 ,mullin1 ,mr4 ,neal1 ,mr4 ,nolan1 ,ms4 ,norton1 ,mr4 ,pascrell1 ,mr4 ,payne1 ,mr4 ,perry1 ,mr4 ,rangel1 ,mr4 ,reichert1 ,ms4 ,ros-,lehtinen1 ,mr4 ,ruiz1 ,ms4 ,schwartz1 ,ms4 ,shea-,porter1 ,ms4 ,slaughter1 ,ms4 ,speier1 ,mr4 ,stockman1 ,mr4 ,terry1 ,ms4 ,titus1 ,mr4 ,van ,hollen1 ,mr4 ,vargas1 ,mr4 ,vela1 ,mr4 ,weber of ,texas1 ,ms4 ,wilson of ,florida1 ,mr4 ,yarmuth1 ,ms4 ,de,lauro1 ,mrs4 ,davis of ,california1 ,mr4 ,jordan1 ,mr4 ,duncan of ,tennessee1 ,mr4 ,bachus1 ,ms4 ,kelly of ,illinois1 ,mr4 ,honda1 ,mr4 ,king of ,new ,york1 and ,mr4 ,larson of ,connecticut7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend section #bbei of title #ah1 ,united ,states ,code1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,amy and ,vicky ,child ,pornography ,victim ,restitution ,improvement ,act of #bjad4 #b4 ,findings ,congress finds the following3 7#a7 ,the demand for child pornography harms children because it drives production1 which involves severe and often irreparable child sexual abuse and exploitation4 7#b7 ,the harms caused by child pornography are more extensive than the harms caused by child sex abuse alone because child pornography is a permanent record of the abuse of the depicted child1 and the harm to the child is exacerbated by its circulation4 ,every viewing of child pornography is a repetition of the victim's original childhood sexual abuse4 7#c7 ,victims suffer continuing and grievous harm as a result of knowing that a large1 indeterminate number of individuals have viewed and will in the future view images of their childhood sexual abuse4 ,harms of this sort are a major reason that child pornography is outlawed4 7#d7 ,the unlawful collective conduct of every individual who reproduces1 distributes1 or possesses the images of a victim's childhood sexual abuse plays a part in sustaining and aggravating the harms to that individual victim4 ,multiple actors independently commit intentional crimes that combine to produce an indivisible injury to a victim4 7#e7 ,it is the intent of ,congress that victims of child pornography be fully compensated for all the harms resulting from each and every perpetrator who contributes to their anguish4 7#f7 ,congress intends to adopt and hereby adopts an aggregate causation standard to address the unique crime of child pornography and the unique harms caused by child pornography4 7#g7 ,victims should not be limited to receiving restitution from defendants only for losses caused by each defendant's own offense of conviction4 ,courts must apply a less restrictive aggregate causation standard in child pornography cases1 while also recognizing appropriate constitutional limits and protections for defendants4 #c4 ,mandatory restitution ,section #bbei of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 by striking paragraph 7#c7 and inserting the following3 7#c7 ,definition 7,a7 ,for purposes of this subsection1 the term full amount of the victim's losses includes any costs incurred by the victim for-- 7i7 lifetime medical services relating to physical1 psychiatric1 or psychological care2 7ii7 lifetime physical and occupational therapy or rehabilitation2 7iii7 necessary transportation1 temporary housing1 and child care expenses2 7iv7 lifetime lost income2 and 7v7 attorneys' fees1 as well as other costs incurred4 7,b7 ,for purposes of this subsection1 the term full amount of the victim's losses also includes any other losses suffered by the victim1 in addition to the costs listed in subparagraph 7,a71 if those losses are a proximate result of the offense4 7,c7 ,for purposes of this subsection1 the term full amount of the victim's losses also includes any losses suffered by the victim from any sexual act or sexual conduct 7as those terms are defined in section #bbdf7 in preparation for or during the production of child pornography depicting the victim involved in the offense4 2 7#b7 by redesignating subsection 7c7 as subsection 7d72 7#c7 by inserting after subsection 7b7 the following3 7c7 ,determining restitution 7#a7 ,harmed by one defendant ,if the victim was harmed as a result of the commission of an offense under section #bbea1 #bbea;,a1 #bbeb1 #bbeb;,a1 or #bbfj by #a defendant1 the court shall determine the full amount of the victim's losses caused by the defendant and enter an order of restitution for an amount that is not less than the full amount of the victim's losses4 7#b7 ,harmed by more than one defendant ,if the victim was harmed as a result of offenses under section #bbea1 #bbea;,a1 #bbeb1 #bbeb;,a1 or #bbfj by more than #a person1 regardless of whether the persons have been charged1 prosecuted1 or convicted in any ,federal or ,state court of competent jurisdiction within the ,united ,states1 the court shall determine the full amount of the victim's losses caused by all such persons1 or reasonably expected to be caused by such persons1 and enter an order of restitution against the defendant in favor of the victim for-- 7,a7 the full amount of the victim's losses2 or 7,b7 an amount that is not more than the amount described in subparagraph 7,a7 and not less than-- 7i7 #bej1jjj for any offense or offenses under section #bbea7;a71 #bbea7;b71 #bbea7;c71 #bbea;,a1 #bbeb;,a7g71 or #bbfj7;a72 7ii7 #aej1jjj for any offense or offenses under section #bbea7;d71 #bbeb7;a77#a71 #bbeb7;a77#b71 #bbeb7;a77#c71 #bbeb;,a7a77#a71 #bbeb;,a7a77#b71 #bbeb;,a7a77#c71 #bbeb;,a7a77#d71 #bbeb;,a7a77#f71 #bbeb;,a7a77#g71 or #bbfj7;b72 or 7iii7 #be1jjj for any offense or offenses under section #bbeb7;a77#d7 or #bbeb;,a7a77#e74 7#c7 ,maximum amount of restitution ,no order of restitution issued under this section may exceed the full amount of the victim's losses4 7#d7 ,joint and several liability ,each defendant against whom an order of restitution is issued under paragraph 7#b77;,a7 shall be jointly and severally liable to the victim with all other defendants against whom an order of restitution is issued under paragraph 7#b77;,a7 in favor of such victim4 7#e7 ,contribution ,each defendant who is ordered to pay restitution under paragraph 7#b77;,a71 and has made full payment to the victim equal to or exceeding the statutory minimum amount described in paragraph 7#b77;,b71 may recover contribution from any defendant who is also ordered to pay restitution under paragraph 7#b77;,a74 ,such claims shall be brought in accordance with this section and the ,federal ,rules of ,civil ,procedure4 ,in resolving contribution claims1 the court may allocate payments among liable parties using such equitable factors as the court determines are appropriate so long as no payments to victims are reduced or delayed4 ,no action for contribution may be commenced more than #e years after the date on which the defendant seeking contribution was ordered to pay restitution under this section4 2 7#d7 in subsection 7d71 as redesignated1 by striking a commission of a crime under this chapter1 and inserting or by the commission of 7i7 an offense under this chapter or 7ii7 a series of offenses under this chapter committed by the defendant and other persons causing aggregated losses12 and 7#e7 by adding at the end the following3 7e7 ,report ,not later than #a year after the date of enactment of the ,amy and ,vicky ,child ,pornography ,victim ,restitution ,improvement ,act of #bjad1 the ,attorney ,general shall submit to ,congress a report on the progress1 if any1 of the ,department of ,justice in obtaining restitution for victims of any offense under section #bbea1 #bbea;,a1 #bbeb1 #bbeb;,a1 or #bbfj4 4