#aaeth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,september #bh1 #bjah ,,amendment3 ,that the bill from the ,senate 7,s4 #baeb7 entitled ,an ,act to amend title #ah1 ,united ,states ,code1 to provide for assistance for victims of child pornography1 and for other purposes41 do pass with the following ,strike out all after the enacting clause and insert3 #a4 ,short title ,this ,act may be cited as the ,amy1 ,vicky1 and ,andy ,child ,pornography ,victim ,assistance ,act of #bjah4 #b4 ,findings ,congress finds the following3 7#a7 ,the demand for child pornography harms children because it drives production1 which involves severe child sexual abuse and exploitation4 7#b7 ,the harms caused by child pornography begin1 but do not end1 with child sex assault because child pornography is a permanent record of that abuse and trafficking in those images compounds the harm to the child4 7#c7 ,in ,paroline v4 ,united ,states 7#bjad71 the ,supreme ,court recognized that every viewing of child pornography is a repetition of the victim's abuse4 7#d7 ,the ,american ,professional ,society on the ,abuse of ,children has stated that for victims of child pornography1 the sexual abuse of the child1 the memorialization of that abuse which becomes child pornography1 and its subsequent distribution and viewing become psychologically intertwined and each compound the harm suffered by the child-victim4 7#e7 ,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#f7 ,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 7#g7 ,it is the intent of ,congress that victims of child pornography be compensated for the harms resulting from every perpetrator who contributes to their anguish4 ,such an aggregate causation standard reflects the nature of child pornography and the unique ways that it actually harms victims4 #c4 ,determining restitution 7a7 ,determining restitution ,section #bbei7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,the order and inserting ,except as provided in paragraph 7#b71 the order2 and 7,b7 by striking as determined by the court pursuant to paragraph 7#b7 after of the victim's losses2 7#b7 by striking paragraph 7#c72 7#c7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#d7 by inserting after paragraph 7#a7 the following3 7#b7 ,restitution for trafficking in child pornography ,if the defendant was convicted of trafficking in child pornography1 the court shall order restitution under this section in an amount to be determined by the court as follows3 7,a7 ,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 incurred by the victim as a result of the trafficking in child pornography depicting the victim4 7,b7 ,determining a restitution amount ,after completing the determination required under subparagraph 7,a71 the court shall order restitution in an amount that reflects the defendant's relative role in the causal process that underlies the victim's losses1 but which is no less than #c1jjj4 7,c7 ,termination of payment ,a victim's total aggregate recovery pursuant to this section shall not exceed the full amount of the victim's demonstrated losses4 ,after the victim has received restitution in the full amount of the victim's losses as measured by the greatest amount of such losses found in any case involving that victim that has resulted in a final restitution order under this section1 the liability of each defendant who is or has been ordered to pay restitution for such losses to that victim shall be terminated4 ,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 losses4 4 7b7 ,additional definitions ,section #bbei7;c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking ,definition and inserting ,definitions2 7#b7 by striking ,for purposes and inserting the following3 7#d7 ,victim ,for purposes 2 7#c7 by striking under this chapter1 including1 in the case and inserting under this chapter4 ,in the case2 7#d7 by inserting after or any other person appointed as suitable by the court1 the following3 may assume the crime victim's rights under this section12 and 7#e7 by inserting before paragraph 7#d71 as so designated1 the following3 7#a7 ,child pornography production ,for purposes of this section and section #bbei;,a1 the term child pornography production means conduct proscribed by subsections 7a7 through 7c7 of section #bbea1 section #bbea;,a1 section #bbeb;,a7g7 7in cases in which the series of felony violations involves at least #a of the violations listed in this subsection71 section #bbfj7;a71 or any offense under chapter #aji;,a or chapter #aag that involved the production of child pornography 7as such term is defined in section #bbef74 7#b7 ,full amount of the victim's losses ,for purposes of this subsection1 the term full amount of the victim's losses includes any costs incurred1 or that are reasonably projected to be incurred in the future1 by the victim1 as a proximate result of the offenses involving the victim1 and in the case of trafficking in child pornography offenses1 as a proximate result of all trafficking in child pornography offenses involving the same victim1 including-- 7,a7 medical services relating to physical1 psychiatric1 or psychological care2 7,b7 physical and occupational therapy or rehabilitation2 7,c7 necessary transportation1 temporary housing1 and child care expenses2 7,d7 lost income2 7,e7 reasonable attorneys' fees1 as well as other costs incurred2 and 7,f7 any other relevant losses incurred by the victim4 7#c7 ,trafficking in child pornography ,for purposes of this section and section #bbei;,a1 the term trafficking in child pornography means conduct proscribed by section #bbea7;d71 #bbeb1 #bbeb;,a7a77#a7 through 7#e71 #bbeb;,a7g77in cases in which the series of felony violations exclusively involves violations of section #bbea7;d71 #bbeb1 #bbeb;,a7a77#a7 through 7#e71 or #bbfj7;b771 or #bbfj7;b74 4 7c7 ,clerical amendment ,section #aeic7;b77#c7 of title #ah1 ,united ,states ,code1 is amended by striking section #bbei7;b77#c7 and inserting section #bbei7;c77#b74 #d4 ,defined monetary assistance ,section #bbei of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,defined monetary assistance 7#a7 ,defined monetary assistance made available at victim's election 7,a7 ,election to receive defined monetary assistance ,subject to paragraphs 7#b7 and 7#c71 when a defendant is convicted of trafficking in child pornography1 any victim of that trafficking in child pornography may choose to receive defined monetary assistance from the ,child ,pornography ,victims ,reserve established under section #adjb7;d77#f7 of the ,victims of ,crime ,act of #aihd 7#cd ,u4,s4,c4 #bjaja7;d774 7,b7 ,finding ,to be eligible for defined monetary assistance under this subsection1 a court shall determine whether the claimant is a victim of the defendant who was convicted of trafficking in child pornography4 7,c7 ,order ,if a court determines that a claimant is a victim of trafficking in child pornography under subparagraph 7,b7 and the claimant chooses to receive defined monetary assistance1 the court shall order payment in accordance with subparagraph 7,d7 to the victim from the ,child ,pornography ,victims ,reserve established under section #adjb7;d77#f7 of the ,victims of ,crime ,act of #aihd4 7,d7 ,amount of defined monetary assistance ,the amount of defined monetary assistance payable under this subparagraph shall be equal to-- 7i7 for the first calendar year after the date of enactment of this subsection1 #ce1jjj2 and 7ii7 for each calendar year after the year described in clause 7i71 #ce1jjj multiplied by the ratio 7not less than one7 of-- 7,i7 the ,consumer ,price ,index for all ,urban ,consumers 7,,cpi-,u1 as published by the ,bureau of ,labor ,statistics of the ,department of ,labor7 for the calendar year preceding such calendar year2 to 7,,ii7 the ,,cpi-,u for the calendar year #b years before the calendar year described in clause 7i74 7#b7 ,limitations on defined monetary assistance 7,a7 ,in general ,a victim may only obtain defined monetary assistance under this subsection once4 7,b7 ,effect on recovery of other restitution ,a victim who obtains defined monetary assistance under this subsection shall not be barred or limited from receiving restitution against any defendant for any offenses not covered by this section4 7,c7 ,deduction ,if a victim who received defined monetary assistance under this subsection subsequently seeks restitution under this section1 the court shall deduct the amount the victim received in defined monetary assistance when determining the full amount of the victim's losses4 7#c7 ,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 7#a77;,d7 shall be ineligible to receive defined monetary assistance under this subsection4 7#d7 ,attorney fees 7,a7 ,in general ,an attorney representing a victim seeking defined monetary assistance under this subsection may not charge1 receive1 or collect1 and the court may not approve1 any payment of fees and costs that in the aggregate exceeds #ae percent of any payment made under this subsection4 7,b7 ,penalty ,an attorney who violates subparagraph 7,a7 shall be fined under this title1 imprisoned not more than #a year1 or both4 4 #e4 ,assessments in child pornography cases 7a7 ,assessments in child pornography cases ,chapter #aaj of title #ah1 ,united ,states ,code1 is amended by inserting after section #bbei the following3 #bbei;,a4 ,assessments in child pornography cases 7a7 ,in general ,in addition to any other criminal penalty1 restitution1 or special assessment authorized by law1 the court shall assess-- 7#a7 not more than #ag1jjj on any person convicted of an offense under section #bbeb7;a77#d7 or #bbeb;,a7a77#e72 7#b7 not more than #ce1jjj on any person convicted of any other offense for trafficking in child pornography2 and 7#c7 not more than #ej1jjj on any person convicted of a child pornography production offense4 7b7 ,annual adjustment ,the dollar amounts in subsection 7a7 shall be adjusted annually in conformity with the ,consumer ,price ,index4 7c7 ,factors considered ,in determining the amount of the assessment under subsection 7a71 the court shall consider the factors set forth in sections #ceec7;a7 and #cegb4 7d7 ,imposition and implementation 7#a7 ,in general ,the provisions of subchapter ,c of chapter #bbg 7other than section #cega7 and subchapter ,b of chapter #bbi 7relating to fines7 apply to assessments under this section1 except that paragraph 7#b7 applies in lieu of any contrary provisions of law relating to fines or disbursement of money received from a defendant4 7#b7 ,effect on other penalties ,imposition of an assessment under this section does not relieve a defendant of1 or entitle a defendant to reduce the amount of any other penalty by the amount of the assessment4 ,any money received from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence3 7,a7 ,a special assessment under section #cjac4 7,b7 ,restitution to victims of any child pornography production or trafficking offense that the defendant committed4 7,c7 ,an assessment under this section4 7,d7 ,other orders under any other section of this title4 7,e7 ,all other fines1 penalties1 costs1 and other payments required under the sentence4 4 7b7 ,child pornography victims reserve ,section #adjb7;d7 of the ,victims of ,crime ,act of #aihd 7#cd ,u4,s4,c4 #bjaja7;d77 is amended by adding at the end the following3 7#f7 7,a7 ,the ,director may set aside up to #aj1jjj1jjj of the amounts remaining in the ,fund in any fiscal year after distributing the amounts under paragraphs 7#b71 7#c71 and 7#d71 in a ,child ,pornography ,victims ,reserve1 which may be used by the ,attorney ,general for payments under section #bbei7;d7 of title #ah1 ,united ,states ,code4 7,b7 ,amounts in the reserve may be carried over from fiscal year to fiscal year1 but the total amount of the reserve shall not exceed #aj1jjj1jjj4 ,notwithstanding subsection 7c7 and any limitation on ,fund obligations in any future ,act1 unless the same should expressly refer to this section1 any such amounts carried over shall not be subject to any limitation on obligations from amounts deposited to or available in the ,fund4 4 7c7 ,child pornography victims reserve ,chapter #aaj of title #ah1 ,united ,states ,code1 is amended by inserting after section #bbei;,a1 as added by subsection 7a71 the following3 #bbei;,b4 ,child pornography victims reserve 7a7 ,deposits into the reserve ,notwithstanding any other provision of law1 there shall be deposited into the ,child ,pornography ,victims ,reserve established under section #adjb7;d77#f7 of the ,victims of ,crime ,act of #aihd 7#cd ,u4,s4,c4 #bjaja7;d77 all assessments collected under section #bbei;,a and any gifts1 bequests1 or donations to the ,child ,pornography ,victims ,reserve from private entities or individuals4 7b7 ,availability for defined monetary assistance ,amounts in the ,child ,pornography ,victims ,reserve shall be available for payment of defined monetary assistance pursuant to section #bbei7;d74 ,if at any time the ,child ,pornography ,victims ,reserve has insufficient funds to make all of the payments ordered under section #bbei7;d71 the ,child ,pornography ,victims ,reserve shall make such payments as it can satisfy in full from available funds4 ,in determining the order in which such payments shall be made1 the ,child ,pornography ,victims ,reserve shall make payments based on the date they were ordered1 with the earliest-ordered payments made first4 7c7 ,administration ,the ,attorney ,general shall administer the ,child ,pornography ,victims ,reserve and shall issue guidelines and regulations to implement this section4 7d7 ,sense of congress ,it is the sense of ,congress that individuals who violate this chapter prior to the date of the enactment of the ,amy1 ,vicky1 and ,andy ,child ,pornography ,victim ,assistance ,act of #bjah1 but who are sentenced after such date1 shall be subject to the statutory scheme that was in effect at the time the offenses were committed4 4 7d7 ,clerical amendment ,the table of sections for chapter #aaj of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #bbei the following3 #bbei;,a4 ,assessments in child pornography cases #bbei;,b4 ,child pornography victims reserve 4 #f4 ,child pornography victim's right to evidence ,section #ceji7m7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,in any criminal proceeding1 a victim1 as defined under section #bbei7;c77#d71 shall have reasonable access to any property or material that constitutes child pornography1 as defined under section #bbef7h71 depicting the victim1 for inspection1 viewing1 and examination at a ,government facility or court1 by the victim1 his or her attorney1 and any individual the victim may seek to qualify to furnish expert testimony1 but under no circumstances may such child pornography be copied1 photographed1 duplicated1 or otherwise reproduced4 ,such property or material may be redacted to protect the privacy of third parties4 4 #g4 ,clerical amendments 7a7 ,expansion of civil remedies for satisfaction of an unpaid fine ,section #cfac7;c7 of title #ah1 ,united ,states ,code1 is amended by inserting an assessment imposed pursuant to section #bbei;,a of this title1 after pursuant to the provisions of subchapter ,c of chapter #bbg of this title14 7b7 ,clarification of interstate or foreign commerce provision regarding certain activities pertaining to child pornography ,section #bbeb;,a 7a77#b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking using any means or facility of interstate or foreign commerce and inserting has been2 and 7,b7 by inserting using any means or facility of interstate or foreign commerce or after child pornography2 and 7#b7 in subparagraph 7,b7-- 7,a7 by striking using any means or facility of interstate or foreign commerce and inserting has been2 and 7,b7 by inserting using any means or facility of interstate or foreign commerce or after child pornography4 7c7 ,clarification of the definition of sexually explicit conduct ,section #bbef7b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a77v7-- 7,a7 by inserting anus1 before genitals2 and 7,b7 by inserting a comma after genitals2 and 7#b7 in subparagraph 7,b77iii7-- 7,a7 by inserting anus1 before genitals2 and 7,b7 by inserting a comma after genitals4 #h4 ,reports ,not later than #b years after the date of enactment of this ,act1 the ,attorney ,general shall submit to ,congress a report on the progress of the ,department of ,justice in implementing the amendments made by sections #c through #e1 and shall include an assessment of the funding levels for the ,child ,pornography ,victims ,reserve4 ,clerk4