[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6440 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 6440
To amend title 18, United States Code, to provide for new procedures
regarding the payment of restitution by defendants convicted of child
pornography 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 defendants convicted of child
pornography offenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Child Victims Act of
2016''.
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 following:
``(2) Restitution for trafficking in child pornography
convictions.--In the case of a conviction for trafficking in
child pornography, the order of restitution under this section
shall direct the defendant to pay the victim (through the
appropriate 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 child pornography on or after the
date of the conduct constituting the offense.
``(B) Termination of payment.--A victim's total
aggregate recovery pursuant to this section shall not
exceed the full amount of the victim's proven losses.
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 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 paragraph (3).
(b) Additional Definitions.--Section 2259(c) of title 18, United
States Code, is amended--
(1) in the heading, to read as follows: ``Definitions'';
(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 appointed 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 conduct proscribed by section 2251(d),
section 2252, paragraphs (1) though (5) of section 2252A(a),
section 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 proscribed by subsections (a) through
(c) of section 2251, section 2252A(g) (in cases in which the
series 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 incurred, 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 result 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:
``(d) Choice To Receive Fixed Compensation.--
``(1) Fixed compensation made available at victim's
election.--
``(A) Election to receive compensation.--A victim
of trafficking in child pornography 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
pornography. Upon such a finding and a determination by
the victim to receive fixed compensation, the court
shall order payment in accordance 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 Labor) for the
calendar year preceding 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 defendant for any offenses other than trafficking
in child pornography. A victim who receives fixed compensation
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
restitution, 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 incurred 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 pursuant 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 ineligible to receive fixed
compensation.
``(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 payment made under this section.
``(B) Penalty.--Any attorney who violates 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 ``section 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:
``Sec. 2259A. Assessments in trafficking 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 convicted of an
offense under sections 2252(a)(4) or 2252A(a)(5);
``(2) not more than $35,000 on any person convicted of any
other offense for trafficking in child pornography; and
``(3) not more than $50,000 on any person convicted 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 subchapter 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 provisions of law relating to fines or disbursement of
money received from a defendant.
``(2) Effect on other penalties.--Imposition of an
assessment under this section does not relieve 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 defendant 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 defendant
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.
``Sec. 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' (hereinafter 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 entities or individuals.
``(c) Retention of Sums in Fund; Availability for Expenditure
Without Fiscal Year Limitation.--Sums deposited in the Fund shall
remain in the Fund and be available for expenditure without fiscal year
limitation.
``(d) Availability for Compensation Payments.--Amounts in the Fund
shall be available for payment of compensation pursuant to section
2259(d). If at any time the Fund has insufficient funds to make all of
the payments ordered under section 2259(d), the Fund shall make such
payments as it can satisfy in full with the available funds. In
determining the order in which such payments shall be made, the Fund
shall make payments based on the date they were ordered, with the
earliest-ordered payments made first. Sums shall be eligible to be
disbursed from the Fund beginning on the date that is 6 months after
the date of enactment of this title.
``(e) Administration.--The Attorney General shall administer the
Child Pornography Victim's Fund and shall issue guidelines and
regulations to implement this section.
``(f) Sense of Congress.--It is the intent of Congress that
individuals who violate this Chapter before this legislation is
enacted, but who are sentenced after this legislation is enacted, shall
be subject to the statutory scheme that was in effect at the time the
offenses were committed.''
(b) Clerical Amendment.--The table of sections for chapter of title
18, United States Code, is amended by inserting after the item
pertaining to section 2259 the following:
``Sec. 2259A. Assessments in trafficking in child pornography cases.
``Sec. 2259B. Establishment of fund.''.
SEC. 4. ALLOCATION OF AMOUNTS IN THE CRIME VICTIMS FUND.
Section 1402(d)(3)(A) of chapter XIV of title II of Public Law 98-
473 (42 U.S.C. 10601(d)(3)(A)) is amended to read as follows:
``(A) Of the sums remaining in the Fund--
``(i) in any particular fiscal year after
compliance with paragraph (2), such sums as may
be necessary shall be available only for--
``(I) the United States Attorneys
Offices and the Federal Bureau of
Investigation to provide and improve
services for the benefit of crime
victims in the Federal criminal justice
system (as described in section 3771 of
title 18 and section 503 of the Crime
Control Act of 1990) through victim
coordinators, victims' specialists, and
advocates, including for the
administrative support of victim
coordinators and advocates providing
such services; and
``(II) a Victim Notification
System; and
``(ii) in fiscal year 2017, $5,000,000
shall be transferred to the Child Pornography
Victims Fund established under section 2259B of
title 18, United States Code.''.
SEC. 5. CLERICAL AMENDMENTS.
(a) Expansion of Civil Remedies for Satisfaction of an Unpaid
Fine.--Section 3613(c) of title 18, United States Code, is amended by
inserting after ``pursuant to the provisions of subchapter C of chapter
227 of this title,'' the following: ``an assessment imposed pursuant to
section 2259A of this title,''.
(b) Clarification of Interstate or Foreign Commerce Provision
Regarding Certain Activities Pertaining to Child Pornography.--Section
2252A of title 18, United States Code, is amended--
(1) in subsection (a)(2)(A)--
(A) by striking ``using any means or facility of
interstate or foreign commerce'' before ``shipped or
transported'' and inserting ``has been''; and
(B) by inserting after ``child pornography'' the
following: ``using any means or facility of interstate
or foreign commerce or''; and
(2) in subsection (a)(2)(B)--
(A) by striking ``using any means or facility of
interstate or foreign commerce'' before ``shipped or
transported'' and inserting ``has been''; and
(B) by inserting after ``child pornography'' the
following: ``using any means or facility of interstate
or foreign commerce or''.
(c) Clarification of the Definition of ``Sexually 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 Offense of Coercion and
Enticement of a Minor.--Section 3559(e)(2)(A) of title18, United States
Code, is amended by striking ``into prostitution''.
SEC. 6. REPORT ON IMPLEMENTATION.
Not later than 18 months after the date of enactment of this Act,
the Attorney General shall submit to Congress a report on the progress,
if any, of the Department of Justice in obtaining restitution for
victims of any offense under section 2251, 2251A, 2252, 2252A, or 2260
of title 18, United States Code.
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