S 2152 — Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018

[Congressional[115th BillsCongress 115thPublic Congress]Law 299] [From the U.S.

Government Publishing Office] [S.[[Page 132 STAT.

21524383]] EngrossedPublic AmendmentLaw House115-299 (EAH)]115th <DOC>Congress InAn theAct HouseTo amend title 18, United States Code, to provide for assistance for victims of Representatives,child U.pornography, and for other purposes.

S.,<<NOTE: September 28, 2018.

Resolved,Dec. That the bill from the Senate (S.

2152)7, entitled- ``An[S. Act to amend title 18, United States Code, to provide for assistance for victims of child pornography, and for other purposes.'', do pass with the following AMENDMENT:

Strike2152]>> outBe allit afterenacted by the enactingSenate clause and insert:House of Representatives of the United States of America in Congress assembled, <<NOTE:

SECTIONAmy, 1.Vicky, and Andy Child Pornography Victim Assistance Act of 2018.

18 USC 1 note.>> SECTION 1.

FINDINGS.<<NOTE:

18 USC 2259 note.>> FINDINGS.

SEC.[[Page 132 STAT.

4384]] SEC.

``(2) Restitution for<<NOTE: 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:

Courts.>> 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:

``(1) 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 2251A, section 2252A(g) (in cases in which the series of felony violations involves at least[[Page 1132 ofSTAT. 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).

4385]] 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).

``(d) Defined<<NOTE: Monetary Assistance.-- ``(1) Defined monetary assistance made available at victim's election.-- ``(A) Election to receive defined monetary assistance.--Subject to paragraphs (2) and (3), when a defendant is convicted of trafficking in child pornography, any victim of that trafficking in child pornography 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 (34 U.S.C.

Courts.>> Defined Monetary Assistance.-- ``(1) Defined monetary assistance made available at victim's election.-- ``(A) Election to receive defined monetary assistance.--Subject to paragraphs (2) and (3), when a defendant is convicted of trafficking in child pornography, any victim of that trafficking in child pornography 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 (34 U.S.C.

``(D)[[Page Amount132 ofSTAT. defined monetary assistance.--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;

4386]] ``(D) Amount of defined monetary assistance.--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;

Assessments<<NOTE: 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 section 2252(a)(4) or 2252A(a)(5);

``(2)18 USC 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 $35,000$17,000 on any person convicted of anyan other offense forunder traffickingsection in2252(a)(4) childor pornography;2252A(a)(5);

[[Page 132 STAT.

4387]] ``(2) not more than $35,000 on any person convicted of any other offense for trafficking in child pornography;

``(c) Factors<<NOTE: 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)Courts.>> ImpositionFactors andConsidered.--In Implementation.--determining ``(1)the Inamount general.--The provisions of subchapterthe Cassessment ofunder chaptersubsection 227(a), (otherthe thancourt sectionshall 3571)consider andthe subchapterfactors Bset offorth chapter 229 (relating to fines) apply to assessments under this section, except that paragraph (2) applies in lieusections of3553(a) anyand contrary3572. provisions of law relating to fines or disbursement of money received from a defendant.

``(d) Imposition and Implementation.-- ``(1) <<NOTE:

Applicability.>> 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.

Child<<NOTE: pornography victims reserve ``(a) Deposits Into the Reserve.--Notwithstanding any other provision of law, there shall be deposited into the Child Pornography Victims Reserve established under section 1402(d)(6) of the Victims of Crime Act of 1984 (34 U.S.C.

20101(d))18 allUSC assessments2259B.>> collectedChild underpornography sectionvictims 2259Areserve and``(a) Deposits Into the Reserve.--Notwithstanding any gifts,other bequests,provision orof donationslaw, tothere shall be deposited into the Child Pornography Victims Reserve fromestablished privateunder entitiessection or1402(d)(6) individuals.of the Victims of Crime Act of 1984 (34 U.S.C.

20101(d)) all assessments collected [[Page 132 STAT.

4388]] under section 2259A and any gifts, bequests, or donations to the Child Pornography Victims Reserve from private entities or individuals.

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-earliest-ordered ordered payments made first.

``(c) Administration.--The<<NOTE: Attorney General shall administer the Child Pornography Victims Reserve and shall issue guidelines and regulations to implement this section.

Guidelines.

Regulations.>> Administration.--The Attorney General shall administer the Child Pornography Victims Reserve and shall issue guidelines and regulations to implement this section.

(d) Clerical Amendment.--The table of sections for chapter 110 of title 18, United States Code, is<<NOTE: amended by inserting after the item relating to section 2259 the following:

18 USC 2251 prec.>> is amended by inserting after the item relating to section 2259 the following:

and (B)[[Page by132 insertingSTAT. ``using any means or facility of interstate or foreign commerce or'' after ``child pornography'';