II

104TH CONGRESS

1ST SESSION S. 1503

To control crime by mandatory victim restitution, and for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 22, 1995

Mr. HATCH (for himself, Mr. BIDEN, Mr. DOLE, Mr. NICKLES, Mr. MCCAIN,

Mr. GRASSLEY, Mr. THURMOND, Mr. KYL, Mr. D’AMATO, Mr. ABRAHAM,

and Mrs. FEINSTEIN) introduced the following bill; which was read twice

and referred to the Committee on the Judiciary

A BILL

To control crime by mandatory victim restitution, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Victims Justice Act

5 of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—RESTITUTION

Sec. 101. Order of restitution.
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Sec. 102. Conditions of probation.

Sec. 103. Mandatory restitution.

Sec. 104. Order of restitution to victims of other crimes.

Sec. 105. Procedure for issuance and enforcement of restitution order.

Sec. 106. Procedure.

Sec. 107. Instruction to Sentencing Commission.

Sec. 108. Justice Department regulations.

Sec. 109. Special assessments on convicted persons.

Sec. 110. Effective date.

TITLE II—MISCELLANEOUS PROVISIONS

Sec. 201. Crime victims fund.

Sec. 202. Victims of terrorism act.

Sec. 203. Severability.

Sec. 204. Study and report.

1 TITLE I—RESTITUTION

2 SEC. 101. ORDER OF RESTITUTION.

3 Section 3556 of title 18, United States Code, is

4 amended—

5 (1) by striking ‘‘may’’ and inserting ‘‘shall’’;

6 and

7 (2) by striking ‘‘sections 3663 and 3664.’’ and

8 inserting ‘‘3663A, and may order restitution in ac9 cordance with section 3663. The procedures under

10 section 3664 shall apply to all orders of restitution

11 under this section.’’.

12 SEC. 102. CONDITIONS OF PROBATION.

13 Section 3563 of title 18, United States Code, is

14 amended—

15 (1) in subsection (a)—

16 (A) in paragraph (3), by striking ‘‘and’’ at

17 the end;
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1 (B) in the first paragraph (4) (relating to

2 conditions of probation for a domestic crime of

3 violence), by striking the period and inserting a

4 semicolon;

5 (C) by redesignating the second paragraph

6 (4) (relating to conditions of probation concern7 ing drug use and testing) as paragraph (5);

8 (D) in paragraph (5), as redesignated, by

9 striking the period at the end and inserting a

10 semicolon; and

11 (E) by inserting after paragraph (5), as re12 designated, the following new paragraphs:

13 ‘‘(6) that the defendant—

14 ‘‘(A) make restitution in accordance with

15 sections 2248, 2259, 2264, 2327, 3663, 3663A,

16 and 3664; and

17 ‘‘(B) pay the assessment imposed in ac18 cordance with section 3013; and

19 ‘‘(7) that the defendant will notify the court of

20 any material change in the defendant’s economic cir21 cumstances that might affect the defendant’s ability

22 to pay restitution, fines, or special assessments.’’;

23 and

24 (2) in subsection (b)—

25 (A) by striking paragraph (2);
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1 (B) by redesignating paragraphs (3)

2 through (22) as paragraphs (2) through (21),

3 respectively; and

4 (C) by amending paragraph (2), as redes5 ignated, to read as follows:

6 ‘‘(2) make restitution to a victim of the offense

7 under section 3556 (but not subject to the limitation

8 of section 3663(a) or 3663A(c)(1)(A));’’.

9 SEC. 103. MANDATORY RESTITUTION.

10 (a) IN GENERAL.—Chapter 232 of title 18, United

11 States Code, is amended by inserting immediately after

12 section 3663 the following new section:

13 ‘‘§ 3663A. Mandatory restitution to victims of certain

14 crimes

15 ‘‘(a)(1) Notwithstanding any other provision of law,

16 when sentencing a defendant convicted of an offense de17 scribed in subsection (c), the court shall order, in addition

18 to any other penalty authorized by law, that the defendant

19 make restitution to the victim of the offense, or, if the

20 victim is deceased, to the victim’s estate.

21 ‘‘(2) For the purposes of this section, the term ‘vic22 tim’ means a person directly and proximately harmed as

23 a result of the commission of an offense for which restitu24 tion may be ordered including, in the case of an offense

25 that involves as an element a scheme, conspiracy, or pat-
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1 tern of criminal activity, any person directly harmed by

2 the defendant’s criminal conduct in the course of the

3 scheme, conspiracy, or pattern. In the case of a victim who

4 is under 18 years of age, incompetent, incapacitated, or

5 deceased, the legal guardian of the victim or representative

6 of the victim’s estate, another family member, or any other

7 person appointed as suitable by the court, may assume

8 the victim’s rights under this section, but in no event shall

9 the defendant be named as such representative or guard10 ian.

11 ‘‘(3) The court shall also order, if agreed to by the

12 parties in a plea agreement, restitution to persons other

13 than the victim of the offense.

14 ‘‘(b) The order of restitution shall require that such

15 defendant—

16 ‘‘(1) in the case of an offense resulting in dam17 age to or loss or destruction of property of a victim

18 of the offense—

19 ‘‘(A) return the property to the owner of

20 the property or someone designated by the

21 owner; or

22 ‘‘(B) if return of the property under sub23 paragraph (A) is impossible, impracticable, or

24 inadequate, pay an amount equal to—

25 ‘‘(i) the greater of—
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1 ‘‘(I) the value of the property on

2 the date of the damage, loss, or de3 struction; or

4 ‘‘(II) the value of the property on

5 the date of sentencing, less

6 ‘‘(ii) the value (as of the date the

7 property is returned) of any part of the

8 property that is returned;

9 ‘‘(2) in the case of an offense resulting in bodily

10 injury to a victim—

11 ‘‘(A) pay an amount equal to the cost of

12 necessary medical and related professional serv13 ices and devices relating to physical, psy14 chiatric, and psychological care, including

15 nonmedical care and treatment rendered in ac16 cordance with a method of healing recognized

17 by the law of the place of treatment;

18 ‘‘(B) pay an amount equal to the cost of

19 necessary physical and occupational therapy

20 and rehabilitation; and

21 ‘‘(C) reimburse the victim for income lost

22 by such victim as a result of such offense;

23 ‘‘(3) in the case of an offense resulting in bodily

24 injury that results in the death of the victim, pay an
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1 amount equal to the cost of necessary funeral and

2 related services; and

3 ‘‘(4) in any case, reimburse the victim for lost

4 income and necessary child care, transportation, and

5 other expenses incurred during participation in the

6 investigation or prosecution of the offense or attend7 ance at proceedings related to the offense.

8 ‘‘(c)(1) This section shall apply in all sentencing pro9 ceedings for convictions of, or plea agreements relating to

10 charges for, any offense—

11 ‘‘(A) that is—

12 ‘‘(i) a crime of violence, as defined in sec13 tion 16;

14 ‘‘(ii) an offense against property under this

15 title, including any offense committed by fraud

16 or deceit; or

17 ‘‘(iii) an offense described in section 1365

18 (relating to tampering with consumer products);

19 and

20 ‘‘(B) in which an identifiable victim or victims

21 has suffered a physical injury or pecuniary loss.

22 ‘‘(2) In the case of a plea agreement that does not

23 result in a conviction for an offense described in para24 graph (1), this section shall apply only if the plea specifi-
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1 cally states that an offense listed under such paragraph

2 gave rise to the plea agreement.

3 ‘‘(3) This section shall not apply if the court finds,

4 from facts on the record, that—

5 ‘‘(A) the number of identifiable victims is so

6 large as to make restitution impracticable; or

7 ‘‘(B) determining complex issues of fact related

8 to the cause or amount of the victim’s losses would

9 complicate or prolong the sentencing process to a de10 gree that the need to provide restitution to any vic11 tim is outweighed by the burden on the sentencing

12 process.

13 ‘‘(d) An order of restitution under this section shall

14 be issued and enforced in accordance with section 3664.’’.

15 (b) CLERICAL AMENDMENT.—The analysis for chap16 ter 232 of title 18, United States Code, is amended by

17 inserting immediately after the matter relating to section

18 3663 the following:

‘‘3663A. Mandatory restitution to victims of certain crimes.’’.

19 SEC. 104. ORDER OF RESTITUTION TO VICTIMS OF OTHER

20 CRIMES.

21 (a) IN GENERAL.—Section 3663 of title 18, United

22 States Code, is amended—

23 (1) in subsection (a)(1)—

24 (A) by striking ‘‘(a)(1) The court’’ and in25 serting ‘‘(a)(1)(A) The court’’;
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1 (B) by inserting ‘‘, section 401, 408(a),

2 409, 416, 420, or 422(a) of the Controlled Sub3 stances Act (21 U.S.C. 841, 848(a), 849, 856,

4 861, 863) (but in no case shall a participant in

5 an offense under such sections be considered a

6 victim of such offense under this section),’’ be7 fore ‘‘or section 46312,’’;

8 (C) by inserting ‘‘other than an offense de9 scribed in section 3663A(c),’’ after ‘‘title 49,’’;

10 (D) by inserting before the period at the

11 end the following: ‘‘, or if the victim is de12 ceased, to the victim’s estate’’;

13 (E) by adding at the end the following new

14 subparagraph:

15 ‘‘(B)(i) The court, in determining whether to order

16 restitution under this section, shall consider—

17 ‘‘(I) the amount of the loss sustained by each

18 victim as a result of the offense; and

19 ‘‘(II) the financial resources of the defendant,

20 the financial needs and earning ability of the defend21 ant and the defendant’s dependents, and such other

22 factors as the court deems appropriate.

23 ‘‘(ii) To the extent that the court determines that the

24 complication and prolongation of the sentencing process

25 resulting from the fashioning of an order of restitution
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1 under this section outweighs the need to provide restitu2 tion to any victims, the court may decline to make such

3 an order.’’; and

4 (F) by amending paragraph (2) to read as

5 follows:

6 ‘‘(2) For the purposes of this section, the term ‘vic7 tim’ means a person directly and proximately harmed as

8 a result of the commission of an offense for which restitu9 tion may be ordered including, in the case of an offense

10 that involves as an element a scheme, conspiracy, or pat11 tern of criminal activity, any person directly harmed by

12 the defendant’s criminal conduct in the course of the

13 scheme, conspiracy, or pattern. In the case of a victim who

14 is under 18 years of age, incompetent, incapacitated, or

15 deceased, the legal guardian of the victim or representative

16 of the victim’s estate, another family member, or any other

17 person appointed as suitable by the court, may assume

18 the victim’s rights under this section, but in no event shall

19 the defendant be named as such representative or guard20 ian.’’;

21 (2) by striking subsections (c) through (i); and

22 (3) by adding at the end the following new sub23 sections:

24 ‘‘(c)(1) Notwithstanding any other provision of law

25 (but subject to the provisions of subsections (a)(1)(B)
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1 (i)(II) and (ii), when sentencing a defendant convicted of

2 an offense described in section 401, 408(a), 409, 416,

3 420, or 422(a) of the Controlled Substances Act (21

4 U.S.C. 841, 848(a), 849, 856, 861, 863), in which there

5 is no identifiable victim, the court may order that the de6 fendant make restitution in accordance with this sub7 section.

8 ‘‘(2)(A) An order of restitution under this subsection

9 shall be based on the amount of public harm caused by

10 the offense, as determined by the court in accordance with

11 guidelines promulgated by the United States Sentencing

12 Commission.

13 ‘‘(B) In no case shall the amount of restitution or14 dered under this subsection exceed the amount of the fine

15 ordered for the offense charged in the case.

16 ‘‘(3) Restitution under this subsection shall be dis17 tributed as follows:

18 ‘‘(A) 65 percent of the total amount of restitu19 tion shall be paid to the Victim Assistance Adminis20 tration of the State in which the crime occurred.

21 ‘‘(B) 35 percent of the total amount of restitu22 tion shall be paid to the State entity designated to

23 receive Federal substance abuse block grant funds.
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1 ‘‘(4) The court shall not make an award under this

2 subsection if it appears likely that such award would inter3 fere with a forfeiture under section 981 or 982.

4 ‘‘(5) Notwithstanding section 3612(c) or any other

5 provision of law, a penalty assessment under section 3013

6 or a fine under subchapter C of chapter 227 shall take

7 precedence over an order of restitution under this sub8 section.

9 ‘‘(6) Requests for community restitution under this

10 subsection shall be considered in all plea agreements nego11 tiated by the United States.

12 ‘‘(7)(A) The United States Sentencing Commission

13 shall promulgate guidelines to assist courts in determining

14 the amount of restitution that may be ordered under this

15 subsection.

16 ‘‘(B) No restitution shall be ordered under this sub17 section until such time as the Sentencing Commission pro18 mulgates guidelines pursuant to this paragraph.

19 ‘‘(d) An order of restitution made pursuant to this

20 section shall be issued and enforced in accordance with

21 section 3664.’’.

22 (b) SEXUAL ABUSE.—Section 2248 of title 18,

23 United States Code, is amended—

24 (1) in subsection (a), by inserting ‘‘or 3663A’’

25 after ‘‘3663’’;
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1 (2) in subsection (b)—

2 (A) by amending paragraph (1) to read as

3 follows:

4 ‘‘(1) DIRECTIONS.—The order of restitution

5 under this section shall direct the defendant to pay

6 to the victim (through the appropriate court mecha7 nism) the full amount of the victim’s losses as deter8 mined by the court pursuant to paragraph (2).’’;

9 (B) by amending paragraph (2) to read as

10 follows:

11 ‘‘(2) ENFORCEMENT.—An order of restitution

12 under this section shall be issued and enforced in ac13 cordance with section 3664 in the same manner as

14 an order under section 3663A.’’;

15 (C) in paragraph (4), by striking subpara16 graphs (C) and (D); and

17 (D) by striking paragraphs (5) through

18 (10);

19 (3) by striking subsections (c) through (e); and

20 (4) by redesignating subsection (f) as sub21 section (c).

22 (c) SEXUAL EXPLOITATION AND OTHER ABUSE OF

23 CHILDREN.—Section 2259 of title 18, United States

24 Code, is amended—
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1 (1) in subsection (a), by inserting ‘‘or 3663A’’

2 after ‘‘3663’’;

3 (2) in subsection (b)—

4 (A) by amending paragraph (1) to read as

5 follows:

6 ‘‘(1) DIRECTIONS.—The order of restitution

7 under this section shall direct the defendant to pay

8 the victim (through the appropriate court mecha9 nism) the full amount of the victim’s losses as deter10 mined by the court pursuant to paragraph (2).’’;

11 (B) by amending paragraph (2) to read as

12 follows:

13 ‘‘(2) ENFORCEMENT.—An order of restitution

14 under this section shall be issued and enforced in ac15 cordance with section 3664 in the same manner as

16 an order under section 3663A.’’;

17 (C) in paragraph (4), by striking subpara18 graphs (C) and (D); and

19 (D) by striking paragraphs (5) through

20 (10);

21 (3) by striking subsections (c) through (e); and

22 (4) by redesignating subsection (f) as sub23 section (e).

24 (d) DOMESTIC VIOLENCE.—Section 2264 of title 18,

25 United States Code, is amended—
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1 (1) in subsection (a), by inserting ‘‘or 3663A’’

2 after ‘‘3663’’;

3 (2) in subsection (b)—

4 (A) by amending paragraph (1) to read as

5 follows:

6 ‘‘(1) DIRECTIONS.—The order of restitution

7 under this section shall direct the defendant to pay

8 the victim (through the appropriate court mecha9 nism) the full amount of the victim’s losses as deter10 mined by the court pursuant to paragraph (2).’’;

11 (B) by amending paragraph (2) to read as

12 follows:

13 ‘‘(2) ENFORCEMENT.—An order of restitution

14 under this section shall be issued and enforced in ac15 cordance with section 3664 in the same manner as

16 an order under section 3663A.’’;

17 (C) in paragraph (4), by striking subpara18 graphs (C) and (D); and

19 (D) by striking paragraphs (5) through

20 (10);

21 (3) by striking subsections (c) through (g); and

22 (4) by adding at the end the following new sub23 section (c):

24 ‘‘(c) VICTIM DEFINED.—For purposes of this section,

25 the term ‘victim’ means the individual harmed as a result
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1 of a commission of a crime under this chapter, including,

2 in the case of a victim who is under 18 years of age, in3 competent, incapacitated, or deceased, the legal guardian

4 of the victim or representative of the victim’s estate, an5 other family member, or any other person appointed as

6 suitable by the court, but in no event shall the defendant

7 be named as such representative or guardian.’’.

8 (e) TELEMARKETING FRAUD.—Section 2327 of title

9 18, United States Code, is amended—

10 (1) in subsection (a), by inserting ‘‘or 3663A’’

11 after ‘‘3663’’;

12 (2) in subsection (b)—

13 (A) by amending paragraph (1) to read as

14 follows:

15 ‘‘(1) DIRECTIONS.—The order of restitution

16 under this section shall direct the defendant to pay

17 to the victim (through the appropriate court mecha18 nism) the full amount of the victim’s losses as deter19 mined by the court pursuant to paragraph (2).’’;

20 (B) by amending paragraph (2) to read as

21 follows:

22 ‘‘(2) ENFORCEMENT.—An order of restitution

23 under this section shall be issued and enforced in ac24 cordance with section 3664 in the same manner as

25 an order under section 3663A.’’;
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1 (C) in paragraph (4), by striking subpara2 graphs (C) and (D); and

3 (D) by striking paragraphs (5) through

4 (10);

5 (3) by striking subsections (c) through (e); and

6 (4) by redesignating subsection (f) as sub7 section (c).

8 SEC. 105. PROCEDURE FOR ISSUANCE AND ENFORCEMENT

9 OF RESTITUTION ORDER.

10 (a) IN GENERAL.—Section 3664 of title 18, United

11 States Code, is amended to read as follows:

12 ‘‘§ 3664. Procedure for issuance and enforcement of

13 order of restitution

14 ‘‘(a) For orders of restitution under this title, the

15 court shall order the probation service of the court to ob16 tain and include in its presentence report, or in a separate

17 report, as the court directs, information sufficient for the

18 court to exercise its discretion in fashioning a restitution

19 order. The report shall include, to the extent practicable,

20 a complete accounting of the losses to each victim, any

21 restitution owed pursuant to a plea agreement, and infor22 mation relating to the economic circumstances of each de23 fendant. If the number or identity of victims cannot be

24 reasonably ascertained, or other circumstances exist that
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1 make this requirement clearly impracticable, the probation

2 service shall so inform the court.

3 ‘‘(b) The court shall disclose to both the defendant

4 and the attorney for the Government all portions of the

5 presentence or other report pertaining to the matters de6 scribed in subsection (a) of this section.

7 ‘‘(c) The provisions of this chapter, chapter 227, and

8 Rule 32(c) of the Federal Rules of Criminal Procedure

9 shall be the only rules applicable to proceedings under this

10 section.

11 ‘‘(d)(1) Within 60 days after conviction and, in any

12 event, not later than 10 days prior to sentencing—

13 ‘‘(A)(i) the attorney for the Government, after

14 consulting with all identified victims, shall promptly

15 provide the probation service of the court with a list16 ing of the amounts subject to restitution;

17 ‘‘(ii) the attorney for the Government shall pro18 vide notice to all identified victims, informing the

19 victims of the offenses of which the defendant was

20 convicted, the listing of amounts subject to restitu21 tion submitted to the probation service, the victim’s

22 right to submit information to the probation service

23 concerning the amount of the victim’s losses, and

24 the scheduled date, time, and place of the sentencing

25 hearing; and
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1 ‘‘(iii) if any victim objects to any of the infor2 mation provided to the probation service relating to

3 the amount of the victim’s losses subject to restitu4 tion, the attorney for the Government shall advise

5 the victim that the victim may file a separate affida6 vit and shall provide the victim with an affidavit

7 form which may be used to do so; and

8 ‘‘(B) each defendant shall prepare and file with

9 the probation service of the court an affidavit fully

10 describing the financial resources of the defendant,

11 including a complete listing of all assets owned or

12 controlled by the defendant as of the date on which

13 the defendant was arrested, the financial needs and

14 earning ability of the defendant and the defendant’s

15 dependents, and other information the court requires

16 relating to such other factors as the court deems ap17 propriate.

18 ‘‘(2) After reviewing the report of the probation serv19 ice of the court, the court may require additional docu20 mentation or hear testimony. The privacy of any records

21 filed, or testimony heard, pursuant to this section shall

22 be maintained to the greatest extent possible, and such

23 records may be filed or testimony heard in camera.

24 ‘‘(3) If the victim’s losses are not ascertainable by

25 the date that is 10 days prior to sentencing as provided
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1 in paragraph (1), the attorney for the Government shall

2 so inform the court, and the court shall set a date for

3 the final determination of the victim’s losses, not to exceed

4 90 days after sentencing. If the victim subsequently dis5 covers further losses, the victim shall have 60 days after

6 discovery of those losses in which to petition the court for

7 an amended restitution order. Such order may be granted

8 only upon a showing of good cause for the failure to in9 clude such losses in the initial claim for restitutionary re10 lief.

11 ‘‘(4) The court may refer any issue arising in connec12 tion with a proposed order of restitution to a magistrate

13 or special master for proposed findings of fact and rec14 ommendations as to disposition, subject to a de novo de15 termination of the issue by the court.

16 ‘‘(e) Any dispute as to the proper amount or type

17 of restitution shall be resolved by the court by the prepon18 derance of the evidence. The burden of demonstrating the

19 amount of the loss sustained by a victim as a result of

20 the offense shall be on the attorney for the Government.

21 The burden of demonstrating the financial resources of

22 the defendant and the financial needs of the defendant

23 and such defendant’s dependents shall be on the defend24 ant. The burden of demonstrating such other matters as
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1 the court deems appropriate shall be upon the party des2 ignated by the court as justice requires.

3 ‘‘(f)(1)(A) In each order of restitution, the court shall

4 order restitution to each victim in the full amount of each

5 victim’s losses as determined by the court and without

6 consideration of the economic circumstances of the defend7 ant.

8 ‘‘(B) In no case shall the fact that a victim has re9 ceived or is entitled to receive compensation with respect

10 to a loss from insurance or any other source be considered

11 in determining the amount of restitution.

12 ‘‘(2) Upon determination of the amount of restitution

13 owed to each victim, the court shall, pursuant to section

14 3572, specify in the restitution order the manner in which

15 and the schedule according to which the restitution is to

16 be paid, in consideration of—

17 ‘‘(A) the financial resources and other assets of

18 the defendant, including whether any of these assets

19 are jointly controlled;

20 ‘‘(B) projected earnings and other income of

21 the defendant; and

22 ‘‘(C) any financial obligations of the defendant;

23 including obligations to dependents.

24 ‘‘(3)(A) A restitution order may direct the defendant

25 to make a single, lump-sum payment, partial payment at
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1 specified intervals, in-kind payments, or a combination of

2 payments at specified intervals and in-kind payments.

3 ‘‘(B) A restitution order may direct the defendant to

4 make nominal periodic payments if the court finds from

5 facts on the record that the economic circumstances of the

6 defendant do not allow the payment of any amount of a

7 restitution order, and do not allow for the payment of the

8 full amount of a restitution order in the foreseeable future

9 under any reasonable schedule of payments.

10 ‘‘(4) An in-kind payment described in paragraph (3)

11 may be in the form of—

12 ‘‘(A) return of property;

13 ‘‘(B) replacement of property; or

14 ‘‘(C) if the victim agrees, services rendered to

15 the victim or a person or organization other than the

16 victim.

17 ‘‘(g)(1) No victim shall be required to participate in

18 any phase of a restitution order.

19 ‘‘(2) A victim may at any time assign the victim’s

20 interest in restitution payments to the Crime Victims

21 Fund in the Treasury without in any way impairing the

22 obligation of the defendant to make such payments.

23 ‘‘(h) If the court finds that more than 1 defendant

24 has contributed to the loss of a victim, the court may make

25 each defendant liable for payment of the full amount of
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1 restitution or may apportion liability among the defend2 ants to reflect the level of contribution to the victim’s loss

3 and economic circumstances of each defendant.

4 ‘‘(i) If the court finds that more than 1 victim has

5 sustained a loss requiring restitution by a defendant, the

6 court may issue an order of priority based on the type

7 and amount of each victim’s loss, accounting for the eco8 nomic circumstances of each victim. In any case in which

9 the United States is a victim, the court shall ensure that

10 all individual victims receive full restitution before the

11 United States receives any restitution.

12 ‘‘(j)(1) If a victim has received or is entitled to receive

13 compensation with respect to a loss from insurance or any

14 other source, the court shall order that restitution shall

15 be paid to the person who provided or is obligated to pro16 vide the compensation, but the restitution order shall pro17 vide that all restitution of victims required by the order

18 be paid to the victims before any restitution is paid to

19 such a provider of compensation.

20 ‘‘(2) Any amount paid to a victim under an order of

21 restitution shall be reduced by any amount later recovered

22 as compensatory damages for the same loss by the victim

23 in—

24 ‘‘(A) any Federal civil proceeding; and
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1 ‘‘(B) any State civil proceeding, to the extent

2 provided by the law of the State.

3 ‘‘(k) A restitution order shall provide that the defend4 ant shall notify the court and the Attorney General of any

5 material change in the defendant’s economic cir6 cumstances that might affect the defendant’s ability to

7 pay restitution. The court may also accept notification of

8 a material change in the defendant’s economic cir9 cumstances from the United States or from the victim.

10 The Attorney General shall certify to the court that the

11 victim or victims owed restitution by the defendant have

12 been notified of the change in circumstances. Upon receipt

13 of the notification, the court may, on its own motion, or

14 the motion of any party, including the victim, adjust the

15 payment schedule, or require immediate payment in full,

16 as the interests of justice require.

17 ‘‘(l) A conviction of a defendant for an offense involv18 ing the act giving rise to an order of restitution shall estop

19 the defendant from denying the essential allegations of

20 that offense in any subsequent Federal civil proceeding or

21 State civil proceeding, to the extent consistent with State

22 law, brought by the victim.

23 ‘‘(m)(1)(A)(i) An order of restitution may be enforced

24 by the United States in the manner provided for in sub-
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1 chapter C of chapter 227 and subchapter B of chapter

2 229 of this title; or

3 ‘‘(ii) by all other available and reasonable means.

4 ‘‘(B) An order of restitution may also be enforced by

5 a victim named in the order to receive the restitution, in

6 the same manner as a judgment in a civil action.

7 ‘‘(2) An order of in-kind restitution in the form of

8 services shall be enforced by the probation service of the

9 court.

10 ‘‘(n) If a person obligated to provide restitution or

11 pay a fine receives substantial resources from any source,

12 including inheritance, settlement, or other judgment, dur13 ing a period of incarceration, such person shall be required

14 to apply the value of such resources to any restitution or

15 fine still owed.’’.

16 (b) TECHNICAL AMENDMENT.—The item relating to

17 section 3664 in the analysis for chapter 232 of title 18,

18 United States Code, is amended to read as follows:

‘‘3664. Procedure for issuance and enforcement of order of restitution.’’.

19 SEC. 106. PROCEDURE.

20 (a) AMENDMENT OF FEDERAL RULES OF CRIMINAL

21 PROCEDURE.—Rule 32(b) of the Federal Rules of Crimi22 nal Procedure is amended—

23 (1) in paragraph (1), by adding at the end the

24 following: ‘‘Notwithstanding the preceding sentence,

25 a presentence investigation and report, or other re-
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1 port containing information sufficient for the court

2 to enter an order of restitution, as the court directs,

3 shall be required in any case in which restitution is

4 required to be ordered.’’; and

5 (2) in paragraph (4)—

6 (A) by redesignating subparagraphs (F)

7 and (G) as subparagraphs (G) and (H), respec8 tively; and

9 (B) by inserting after subparagraph (E),

10 the following new subparagraph:

11 ‘‘(F) in appropriate cases, information suf12 ficient for the court to enter an order of restitu13 tion;’’.

14 (b) FINES.—Section 3572 of title 18, United States

15 Code, is amended—

16 (1) in subsection (b) by inserting ‘‘other than

17 the United States,’’ after ‘‘offense,’’;

18 (2) in subsection (d)—

19 (A) in the first sentence, by striking ‘‘A

20 person sentenced to pay a fine or other mone21 tary penalty’’ and inserting ‘‘(1) A person sen22 tenced to pay a fine or other monetary penalty,

23 including restitution,’’;

24 (B) by striking the third sentence; and

25 (C) by adding at the end the following:
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1 ‘‘(2) If the judgment, or, in the case of a restitution

2 order, the order, permits other than immediate payment,

3 the length of time over which scheduled payments will be

4 made shall be set by the court, but shall be the shortest

5 time in which full payment can reasonably be made.

6 ‘‘(3) A judgment for a fine which permits payments

7 in installments shall include a requirement that the de8 fendant will notify the court of any material change in

9 the defendant’s economic circumstances that might affect

10 the defendant’s ability to pay the fine. Upon receipt of

11 such notice the court may, on its own motion or the mo12 tion of any party, adjust the payment schedule, or require

13 immediate payment in full, as the interests of justice re14 quire.’’;

15 (3) in subsection (f), by inserting ‘‘restitution’’

16 after ‘‘special assessment,’’;

17 (4) in subsection (h), by inserting ‘‘or payment

18 of restitution’’ after ‘‘A fine’’; and

19 (5) in subsection (i)—

20 (A) in the first sentence, by inserting ‘‘or

21 payment of restitution’’ after ‘‘A fine’’; and

22 (B) by amending the second sentence to

23 read as follows: ‘‘Notwithstanding any install24 ment schedule, when a fine or payment of res25 titution is in default, the entire amount of the
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1 fine or restitution is due within 30 days after

2 notification of the default, subject to the provi3 sions of section 3613A.’’.

4 (c) POSTSENTENCE ADMINISTRATION.—

5 (1) PAYMENT OF A FINE OR RESTITUTION.—

6 Section 3611 of title 18, United States Code, is

7 amended—

8 (A) by amending the heading to read as

9 follows:

10 ‘‘§ 3611. Payment of a fine or restitution’’;

11 and

12 (B) by striking ‘‘or assessment shall pay

13 the fine or assessment’’ and inserting ‘‘, assess14 ment, or restitution, shall pay the fine, assess15 ment, or restitution’’.

16 (2) COLLECTION.—Section 3612 of title 18,

17 United States, is amended—

18 (A) by amending the heading to read as

19 follows:

20 ‘‘§ 3612. Collection of unpaid fine or restitution’’;

21 (B) in subsection (b)(1)—

22 (i) in the matter preceding subpara23 graph (A), by inserting ‘‘or restitution

24 order’’ after ‘‘fine’’;
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1 (ii) in subparagraph (C), by inserting

2 ‘‘or restitution order’’ after ‘‘fine’’;

3 (iii) in subparagraph (E), by striking

4 ‘‘and’’;

5 (iv) in subparagraph (F)—

6 (I) by inserting ‘‘or restitution

7 order’’ after ‘‘fine’’; and

8 (II) by striking the period at the

9 end and inserting ‘‘; and’’; and

10 (v) by adding at the end the following

11 new subparagraph:

12 ‘‘(G) in the case of a restitution order, in13 formation sufficient to identify each victim to

14 whom restitution is owed. It shall be the re15 sponsibility of each victim to notify the Attor16 ney General, or the appropriate entity of the

17 court, by means of a form to be provided by the

18 Attorney General or the court, of any change in

19 the victim’s mailing address while restitution is

20 still owed the victim. The confidentiality of any

21 information relating to a victim shall be main22 tained.’’;

23 (C) in subsection (c)—

24 (i) in the first sentence, by inserting

25 ‘‘or restitution’’ after ‘‘fine’’; and
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1 (ii) by adding at the end the follow2 ing: ‘‘Any money received from a defend3 ant shall be disbursed so that each of the

4 following obligations is paid in full in the

5 following sequence:

6 ‘‘(1) A penalty assessment under section 3013

7 of title 18, United States Code.

8 ‘‘(2) Restitution of all victims.

9 ‘‘(3) All other fines, penalties, costs, and other

10 payments required under the sentence.’’;

11 (D) in subsection (d)—

12 (i) by inserting ‘‘or restitution’’ after

13 ‘‘fine’’; and

14 (ii) by striking ‘‘is delinquent, to in15 form him that the fine is delinquent’’ and

16 inserting ‘‘or restitution is delinquent, to

17 inform the person of the delinquency’’;

18 (E) in subsection (e)—

19 (i) by inserting ‘‘or restitution’’ after

20 ‘‘fine’’; and

21 (ii) by striking ‘‘him that the fine is

22 in default’’ and inserting ‘‘the person that

23 the fine or restitution is in default’’;

24 (F) in subsection (f)—
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1 (i) in the heading, by inserting ‘‘and

2 restitution’’ after ‘‘on fines’’; and

3 (ii) in paragraph (1), by inserting ‘‘or

4 restitution’’ after ‘‘any fine’’;

5 (G) in subsection (g), by inserting ‘‘or res6 titution’’ after ‘‘fine’’ each place it appears; and

7 (H) in subsection (i), by inserting ‘‘and

8 restitution’’ after ‘‘fines’’.

9 (3) CIVIL REMEDIES.—Section 3613 of title 18,

10 United States Code, is amended—

11 (A) in subsection (b), by amending para12 graph (1) to read as follows:

13 ‘‘(1) the later of 20 years after the entry of the

14 judgment or 20 years after the release from impris15 onment of the person fined or ordered to pay restitu16 tion; or’’; and

17 (B) in subsection (e), by striking ‘‘, but in

18 no event’’ and all that follows through the end

19 of the subsection and inserting a period.

20 (4) DEFAULT.—Chapter 229 of title 18, United

21 States Code, is amended by inserting after section

22 3613 the following new section:

23 ‘‘§ 3613A. Effect of default

24 ‘‘(a)(1) Upon a finding that the defendant is in de25 fault on a payment of a fine or restitution, the court may,
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1 pursuant to section 3565, revoke probation or a term of

2 supervised release or modify the terms or conditions of

3 probation on a term of supervised release, resentence a

4 defendant pursuant to section 3614, hold the defendant

5 in contempt of court, enter a restraining order or injunc6 tion, order the sale of property of the defendant, accept

7 a performance bond, enter or adjust a payment schedule,

8 or take any other action necessary to obtain compliance

9 with the order of a fine or restitution.

10 ‘‘(2) In determining what action to take, the court

11 shall consider the defendant’s employment status, earning

12 ability, financial resources, the willfulness in failing to

13 comply with the restitution order, and any other cir14 cumstances that may have a bearing on the defendant’s

15 ability to comply with the order of a fine or restitution.

16 ‘‘(b)(1) Any hearing held pursuant to this section

17 may be conducted by a magistrate judge, subject to de

18 novo review by the court.

19 ‘‘(2) To the extent practicable, in a hearing held pur20 suant to this section involving a defendant who is confined

21 in any jail, prison, or other correctional facility, proceed22 ings in which the prisoner’s participation is required or

23 permitted shall be conducted by telephone, video con24 ference, or other communications technology without re-
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1 moving the prisoner from the facility in which the prisoner

2 is confined.

3 ‘‘(3) Subject to the agreement of the official of the

4 Federal, State, or local unit of government with custody

5 over the prisoner, hearings may be conducted at the facil6 ity in which the prisoner is confined. To the extent prac7 ticable, the court shall allow counsel to participate by tele8 phone, video conference, or other communications tech9 nology in any hearing held at the facility.’’.

10 (5) RESENTENCING.—Section 3614 of title 18,

11 United States Code, is amended—

12 (A) in the heading, by inserting ‘‘or res13 titution’’ after ‘‘fine’’;

14 (B) in subsection (a), by inserting ‘‘or res15 titution’’ after ‘‘fine’’; and

16 (C) by adding at the end the following new

17 subsection:

18 ‘‘(c) EFFECT OF INDIGENCY.—In no event shall a de19 fendant be incarcerated under this section solely on the

20 basis of inability to make payments because the defendant

21 is indigent.’’.

22 (d) CONFORMING AMENDMENT.—The analysis for

23 subchapter B of chapter 229 of title 18, United States

24 Code, is amended to read as follows:

‘‘Sec.

‘‘3611. Payment of a fine or restitution.

‘‘3612. Collection of an unpaid fine or restitution.
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‘‘3613. Civil remedies for collection of an unpaid fine or restitution.

‘‘3613A. Effect of default.

‘‘3614. Resentencing upon failure to pay a fine or restitution.

‘‘3615. Criminal default.’’.

1 SEC. 107. INSTRUCTION TO SENTENCING COMMISSION.

2 Pursuant to section 994 of title 28, United States

3 Code, the United States Sentencing Commission shall pro4 mulgate guidelines or amend existing guidelines to reflect

5 this Act and the amendments made by this Act.

6 SEC. 108. JUSTICE DEPARTMENT REGULATIONS.

7 Not later than 90 days after the date of enactment

8 of this Act, the Attorney General shall promulgate guide9 lines, or amend existing guidelines, to carry out this Act

10 and to ensure that—

11 (1) in all plea agreements negotiated by the

12 United States, consideration is given to requesting

13 that the defendant provide full restitution to all vic14 tims of all charges contained in the indictment or in15 formation, without regard to the counts to which the

16 defendant actually pleaded; and

17 (2) orders of restitution made pursuant to the

18 amendments made by this Act are enforced to the

19 fullest extent of the law.

20 SEC. 109. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.

21 Section 3013(a)(2) of title 18, United States Code,

22 is amended—
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1 (1) in subparagraph (A), by striking ‘‘$50’’ and

2 inserting ‘‘not less than $100’’; and

3 (2) in subparagraph (B), by striking ‘‘$200’’

4 and inserting ‘‘not less than $400’’.

5 SEC. 110. EFFECTIVE DATE.

6 The amendments made by this title shall be effective

7 for sentencing proceedings in cases in which the defendant

8 is convicted on or after the date of enactment of this Act.

9 TITLE II—MISCELLANEOUS

10 PROVISIONS

11 SEC. 201. CRIME VICTIMS FUND.

12 (a) PROHIBITION OF PAYMENTS TO DELINQUENT

13 CRIMINAL DEBTORS BY STATE CRIME VICTIM COM14 PENSATION PROGRAMS.—

15 (1) IN GENERAL.—Section 1403(b) of the Vic16 tims of Crime Act of 1984 (42 U.S.C. 10602(b)) is

17 amended—

18 (A) by striking ‘‘and’’ at the end of para19 graph (7);

20 (B) by redesignating paragraph (8) as

21 paragraph (9); and

22 (C) by inserting after paragraph (7) the

23 following new paragraph:

24 ‘‘(8) such program does not provide compensa25 tion to any person who has been convicted of an of-
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1 fense under Federal law with respect to any time pe2 riod during which the person is delinquent in paying

3 a fine or other monetary penalty imposed for the of4 fense; and’’.

5 (2) APPLICATION OF AMENDMENT.—The

6 amendment made by paragraph (1) shall not be ap7 plied to deny victims compensation to any person

8 until the date on which the Attorney General, in

9 consultation with the Director of the Administrative

10 Office of the United States Courts, issues a written

11 determination that a cost-effective, readily available

12 criminal debt payment tracking system operated by

13 the agency responsible for the collection of criminal

14 debt has established cost-effective, readily available

15 communications links with entities that administer

16 Federal victims compensation programs that are suf17 ficient to ensure that victims compensation is not

18 denied to any person except as authorized by law.

19 (b) EXCLUSION FROM INCOME FOR PURPOSES OF

20 MEANS TESTS.—Section 1403 of the Victims of Crime

21 Act of 1984 (42 U.S.C. 10602) is amended by inserting

22 after subsection (b) the following new subsection:

23 ‘‘(c) EXCLUSION FROM INCOME FOR PURPOSES OF

24 MEANS TESTS.—Notwithstanding any other law, for the

25 purpose of any maximum allowed income eligibility re-
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1 quirement in any Federal, State, or local government pro2 gram using Federal funds that provides medical or other

3 assistance (or payment or reimbursement of the cost of

4 such assistance) that becomes necessary to an applicant

5 for such assistance in full or in part because of the com6 mission of a crime against the applicant, as determined

7 by the Director, any amount of crime victim compensation

8 that the applicant receives through a crime victim com9 pensation program under this section shall not be included

10 in the income of the applicant until the total amount of

11 assistance that the applicant receives from all such pro12 grams is sufficient to fully compensate the applicant for

13 losses suffered as a result of the crime.’’.

14 SEC. 202. VICTIMS OF TERRORISM ACT.

15 (a) AUTHORITY TO PROVIDE ASSISTANCE AND COM16 PENSATION TO VICTIMS OF TERRORISM.—The Victims of

17 Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended

18 by inserting after section 1404A the following new section:

19 ‘‘SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS

20 OF TERRORISM OR MASS VIOLENCE.

21 ‘‘(a) VICTIMS OF ACTS OF TERRORISM OUTSIDE THE

22 UNITED STATES.—The Director may make supplemental

23 grants to States to provide compensation and assistance

24 to the residents of such States who, while outside the terri25 torial boundaries of the United States, are victims of a
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1 terrorist act or mass violence and are not persons eligible

2 for compensation under title VIII of the Omnibus Diplo3 matic Security and Antiterrorism Act of 1986.

4 ‘‘(b) VICTIMS OF DOMESTIC TERRORISM.—The Di5 rector may make supplemental grants to States for eligible

6 crime victim compensation and assistance programs to

7 provide emergency relief, including crisis response efforts,

8 assistance, training, and technical assistance, for the bene9 fit of victims of terrorist acts or mass violence occurring

10 within the United States and may provide funding to

11 United States Attorney’s Offices for use in coordination

12 with State victims compensation and assistance efforts in

13 providing emergency relief.’’.

14 (b) FUNDING OF COMPENSATION AND ASSISTANCE

15 TO VICTIMS OF TERRORISM, MASS VIOLENCE, AND

16 CRIME.—Section 1402(d)(4) of the Victims of Crime Act

17 of 1984 (42 U.S.C. 10601(d)(4)) is amended to read as

18 follows:

19 ‘‘(4)(A) If the sums available in the Fund are

20 sufficient to fully provide grants to the States pursu21 ant to section 1403(a)(1), the Director may retain

22 any portion of the Fund that was deposited during

23 a fiscal year that was in excess of 110 percent of the

24 total amount deposited in the Fund during the pre-
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1 ceding fiscal year as an emergency reserve. Such re2 serve shall not exceed $50,000,000.

3 ‘‘(B) The emergency reserve may be used for

4 supplemental grants under section 1404B and to

5 supplement the funds available to provide grants to

6 States for compensation and assistance in accord7 ance with sections 1403 and 1404 in years in which

8 supplemental grants are needed.’’.

9 (c) CRIME VICTIMS FUND AMENDMENTS.—

10 (1) UNOBLIGATED FUNDS.—Section 1402 of

11 the Victims of Crime Act of 1984 (42 U.S.C. 10601)

12 is amended—

13 (A) in subsection (c), by striking ‘‘sub14 section’’ and inserting ‘‘chapter’’; and

15 (B) by amending subsection (e) to read as

16 follows:

17 ‘‘(e) AMOUNTS AWARDED AND UNSPENT.—Any

18 amount awarded as part of a grant under this chapter

19 that remains unspent at the end of a fiscal year in which

20 the grant is made may be expended for the purpose for

21 which the grant is made at any time during the 2 succeed22 ing fiscal years, at the end of which period, any remaining

23 unobligated sums in excess of $500,000 shall be returned

24 to the Treasury. Any remaining unobligated sums in an
40

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1 amount less than $500,000 shall be returned to the

2 Fund.’’.

3 (2) BASE AMOUNT.—Section 1404(a)(5) of such

4 Act (42 U.S.C. 10603(a)(5)) is amended to read as

5 follows:

6 ‘‘(5) As used in this subsection, the term ‘base

7 amount’ means—

8 ‘‘(A) except as provided in subparagraph

9 (B), $500,000; and

10 ‘‘(B) for the territories of the Northern

11 Mariana Islands, Guam, American Samoa, and

12 the Republic of Palau, $200,000, with the Re13 public of Palau’s share governed by the Com14 pact of Free Association between the United

15 States and the Republic of Palau.’’.

16 SEC. 203. SEVERABILITY.

17 If any provision of this Act, an amendment made by

18 this Act, or the application of such provision or amend19 ment to any person or circumstance is held to be unconsti20 tutional, the remainder of this Act, the amendments made

21 by this Act, and the application of the provisions of such

22 to any person or circumstance shall not be affected there23 by.
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1 SEC. 204. STUDY AND REPORT.

2 (a) STUDY.—The Attorney General, in cooperation

3 with the Director of the Administrative Office of the

4 United States Courts, shall conduct a study of the funds

5 paid out of the Crime Victims Fund and the impact that

6 the amendments made by this Act have on funds available

7 in the Crime Victims Fund, including an assessment of

8 any reduction or increase in fines collected and deposited

9 into the Fund directly attributable to the amendments

10 made by this Act.

11 (b) REPORT.—The Attorney General and the Direc12 tor of the Administrative Office of the United States

13 Courts shall report interim findings to the Chairman and

14 ranking Member of the Committees on the Judiciary of

15 the Senate and House of Representatives 1 year after the

16 date of enactment of this Act, and annually thereafter

17 until issuing a final report, together with recommenda18 tions, not later than 4 years after the date of enactment

19 of this Act.

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