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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 38 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 38

To amend the Violent Crime Control and Law Enforcement Act of 1994, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

   Mr. Hatch (for himself, Mr. Dole, Mr. Thurmond, Mr. Simpson, Mr. 
 Grassley, Mr. Kyl, Mr. Abraham, Mr. Nickles, Mr. Gramm, Mr. Santorum, 
 and Mr. Ashcroft) introduced the following bill; which was read twice 
             and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend the Violent Crime Control and Law Enforcement Act of 1994, 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 ``Violent Crime Control and Law 
Enforcement Amendments Act of 1995''.

SEC. 2. ELIMINATION OF INEFFECTIVE PROGRAMS.

    The Violent Crime Control and Law Enforcement Act of 1994 is 
amended by striking subtitles A, B, C, D, G, H, J, K, O, Q, S, U and X 
of title III, title V, and title XXVII.

SEC. 3. AMENDMENT OF VIOLENT OFFENDER INCARCERATION AND TRUTH IN 
              SENTENCING INCENTIVE GRANT PROGRAM.

    (a) In General.--Subtitle A of title II of the Violent Crime 
Control and Law Enforcement Act of 1994 and the amendments made thereby 
are amended to read as follows:

 ``Subtitle A--Violent Offender Incarceration and Truth in Sentencing 
                            Incentive Grants

``SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

    ``(a) Grant Authorization.--The Attorney General may make grants to 
individual States and to States organized as multi-State compacts to 
construct, develop, expand, modify, operate, or improve conventional 
correctional facilities, including prisons and jails, for the 
confinement of violent offenders, to ensure that prison cell space is 
available for the confinement of violent offenders and to implement 
truth in sentencing laws for sentencing violent offenders.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
subtitle, a State or States organized as multi-State compacts shall 
submit an application to the Attorney General that includes--
            ``(1)(A) except as provided in subparagraph (B), assurances 
        that the State or States have implemented, or will implement, 
        correctional policies and programs, including truth in 
        sentencing laws that ensure that violent offenders serve a 
        substantial portion of the sentences imposed, that are designed 
        to provide sufficiently severe punishment for violent 
        offenders, including violent juvenile offenders, and that the 
        prison time served is appropriately related to the 
        determination that the inmate is a violent offender and for a 
        period of time determined to be necessary to protect the 
        public;
            ``(B) in the case of a State that on the date of enactment 
        of the Violent Crime Control and Law Enforcement Amendments Act 
        of 1995, practices indeterminant sentencing, a demonstration 
        that average times served for the offenses of murder, rape, 
        robbery, and assault in the State exceed by at least 10 percent 
        the national average of times served for such offenses in all 
        of the States;
            ``(2) assurances that the State or States have implemented 
        policies that provide for the recognition of the rights and 
        needs of crime victims;
            ``(3) assurances that funds received under this section 
        will be used to construct, develop, expand, modify, operate, or 
        improve conventional correctional facilities;
            ``(4) assurances that the State or States have involved 
        counties and other units of local government, when appropriate, 
        in the construction, development, expansion, modification, 
        operation, or improvement of correctional facilities designed 
        to ensure the incarceration of violent offenders, and that the 
        State or States will share funds received under this section 
        with counties and other units of local government, taking into 
        account the burden placed on these units of government when 
        they are required to confine sentenced prisoners because of 
        overcrowding in State prison facilities;
            ``(5) assurances that funds received under this section 
        will be used to supplement, not supplant, other Federal, State, 
        and local funds;
            ``(6) assurances that the State or States have implemented, 
        or will implement not later than 18 months after the date of 
        the enactment of the Violent Crime Control and Law Enforcement 
        Amendments Act of 1995, policies to determine the veteran 
        status of inmates and to ensure that incarcerated veterans 
        receive the veterans benefits to which they are entitled; and
            ``(7) if applicable, documentation of the multi-State 
        compact agreement that specifies the construction, development, 
        expansion, modification, operation, or improvement of 
        correctional facilities.

``SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

    ``(a) Truth in Sentencing Grant Program.--Fifty percent of the 
total amount of funds appropriated to carry out this subtitle for each 
of fiscal years 1996, 1997, 1998, 1999, and 2000 shall be made 
available for Truth in Sentencing Incentive Grants. To be eligible to 
receive such a grant, a State must meet the requirements of section 
20101(b) and shall demonstrate that the State--
            ``(1) has in effect laws that require that persons 
        convicted of violent crimes serve not less than 85 percent of 
        the sentence imposed;
            ``(2) since 1993--
                    ``(A) has increased the percentage of convicted 
                violent offenders sentenced to prison;
                    ``(B) has increased the average prison time that 
                will be served in prison by convicted violent offenders 
                sentenced to prison; and
                    ``(C) has in effect at the time of application laws 
                requiring that a person who is convicted of a violent 
                crime shall serve not less than 85 percent of the 
                sentence imposed if--
                            ``(i) the person has been convicted on 1 or 
                        more prior occasions in a court of the United 
                        States or of a State of a violent crime or a 
                        serious drug offense; and
                            ``(ii) each violent crime or serious drug 
                        offense was committed after the defendant's 
                        conviction of the preceding violent crime or 
                        serious drug offense; or
            ``(3) in the case of a State that on the date of enactment 
        of the Violent Crime Control and Law Enforcement Amendments Act 
        of 1995 practices indeterminant sentencing, a demonstration 
        that average times served for the offenses of murder, rape, 
        robbery, and assault in the State exceed by at least 10 percent 
        the national average of times served for such offenses in all 
        of the States.
    ``(b) Allocation of Truth in Sentencing Incentive Funds.--The 
amount made available to carry out this section for any fiscal year 
shall be allocated to each eligible State in the ratio that the number 
of part 1 violent crimes reported by such State to the Federal Bureau 
of Investigation for the previous year bears to the number of part 1 
violent crimes reported by all States to the Federal Bureau of 
Investigation for the previous year.

``SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

    ``(a) Violent Offender Incarceration Grant Program.--Fifty percent 
of the total amount of funds appropriated to carry out this subtitle 
for each of fiscal years 1996, 1997, 1998, 1999, and 2000 shall be made 
available for Violent Offender Incarceration Grants. To be eligible to 
receive such a grant, a State or States must meet the requirements of 
section 20101(b).
    ``(b) Allocation of Violent Offender Incarceration Funds.--
            ``(1) Formula allocation.--0.6 percent shall be allocated 
        to each eligible State except that the United States Virgin 
        Islands, American Samoa, Guam, and the Northern Mariana Islands 
        each shall be allocated 0.05 percent.
            ``(2) Remainder.--The amount remaining after application of 
        subparagraph (A) shall be allocated to each eligible State in 
        the ratio that the number of part 1 violent crimes reported by 
        such State to the Federal Bureau of Investigation for the 
        previous year bears to the number of part 1 violent crimes 
        reported by all States to the Federal Bureau of Investigation 
        for the previous year.

``SEC. 20104. RULES AND REGULATIONS.

    ``(a) In General.--The Attorney General shall issue rules and 
regulations regarding the uses of grant funds received under this 
subtitle not later than 90 days after the date of enactment of the 
Violent Crime Control and Law Enforcement Amendments Act of 1995.
    ``(b) Best Available Data.--If data regarding part 1 violent crimes 
in any State for the previous year is unavailable or substantially 
inaccurate, the Attorney General shall utilize the best available 
comparable data regarding the number of violent crimes for the previous 
year for that State for the purposes of allocation of any funds under 
this subtitle.

``SEC. 20105. DEFINITIONS.

    ``In this subtitle--
            ``(1) the term `part 1 violent crimes' means murder and 
        non-negligent manslaughter, forcible rape, robbery, and 
        aggravated assault as reported to the Federal Bureau of 
        Investigation for purposes of the Uniform Crime Reports;
            ``(2) the term `State' or `States' means a State, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands; and
            ``(3) the term `indeterminate sentencing' means a system by 
        which the court has discretion on imposing the actual length of 
        the sentence, up to the statutory maximum and an administrative 
        agency, generally the parole board, controls release between 
        court-ordered minimum and maximum sentence.

``SEC. 20106. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subtitle--
            ``(1) $1,000,000,000 for fiscal year 1996;
            ``(2) $1,150,000,000 for fiscal year 1997;
            ``(3) $2,100,000,000 for fiscal year 1998;
            ``(5) $2,200,000,000 for fiscal year 1999; and
            ``(6) $2,270,000,000 for fiscal year 2000.''.
    (b) Technical and Conforming Amendments.--
            (1) Technical amendment.--The table of contents for the 
        Violent Crime Control and Law Enforcement Act of 1994 is 
        amended by striking the items for subtitle A of title II, and 
        inserting the following:

``Sec. 20101. Grants for correctional facilities.
``Sec. 20102. Truth in sentencing incentive grants.
``Sec. 20103. Violent offender incarceration grants.
``Sec. 20104. Rules and regulations.
``Sec. 20105. Definitions.
``Sec. 20106. Authorization of appropriations.''.
            (2) Conforming amendment.--Section 310004(d) of the Violent 
        Crime Control and Law Enforcement Act of 1994 is amended in the 
        definition of ``State and local law enforcement program'', in 
        paragraph (13), by striking ``20101-20109'' and inserting 
        ``20102-20108''.

SEC. 4. PUNISHMENT FOR YOUNG OFFENDERS.

    (a) In General.--Subtitle B of title II of the Violent Crime 
Control and Law Enforcement Act of 1994 and the amendment made by that 
subtitle is repealed.
    (b) Conforming Amendments.--The Violent Crime Control and Law 
Enforcement Act of 1994 is amended--
            (1) in section 32101, and
            (2) in section 310004(d), in the definition of ``State and 
        local law enforcement program''--
                    (A) in paragraph (14), by inserting ``and'' at the 
                end;
                    (B) in paragraph (15), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking paragraph (16).

SEC. 5. INCREASED MANDATORY MINIMUM SENTENCES FOR CRIMINALS USING 
              FIREARMS.

    Section 924(c)(1) of title 18, United States Code, is amended by 
inserting after the first sentence the following: ``Except to the 
extent a greater minimum sentence is otherwise provided by the 
preceding sentence or by any other provision of this subsection or any 
other law, a person who, during and in relation to any crime of 
violence or drug trafficking crime (including a crime of violence or 
drug trafficking crime that provides for an enhanced punishment if 
committed by the use of a deadly or dangerous weapon or device) for 
which a person may be prosecuted in a court of the United States, uses 
or carries a firearm, shall, in addition to the punishment provided for 
such crime of violence or drug trafficking crime--
            ``(A) be punished by imprisonment for not less than 10 
        years;
            ``(B) if the firearm is discharged, be punished by 
        imprisonment for not less than 20 years; and
            ``(C) if the death of a person results, be punished by 
        death or by imprisonment for not less than life.
Notwithstanding any other law, the court shall not place on probation 
or suspend the sentence of any person convicted of a violation of this 
subsection, nor shall the term of imprisonment imposed under this 
subsection run concurrently with any other term of imprisonment 
including that imposed for the crime of violence or drug trafficking 
crime in which the firearm was used or carried. No person sentenced 
under this subsection shall be eligible for parole during the term of 
imprisonment imposed under this subsection.''.

SEC. 6. MANDATORY MINIMUM PRISON SENTENCES FOR THOSE WHO USE MINORS IN 
              DRUG TRAFFICKING ACTIVITIES.

    (a) Employment of Persons Under 18 Years of Age.--Section 420 of 
the Controlled Substances Act (21 U.S.C. 861) is amended--
            (1) in subsection (b), by adding at the end the following: 
        ``Except to the extent a greater minimum sentence is otherwise 
        provided, a term of imprisonment of a person 21 or more years 
        of age convicted of drug trafficking under this subsection 
        shall be not less than 10 years. Notwithstanding any other law, 
        the court shall not place on probation or suspend the sentence 
        of any person sentenced under the preceding sentence.''; and
            (2) in subsection (c), (penalty for second offenses) by 
        inserting after the second sentence the following: ``Except to 
        the extent a greater minimum sentence is otherwise provided, a 
        term of imprisonment of a person 21 or more years of age 
        convicted of drug trafficking under this subsection shall be a 
        mandatory term of life imprisonment. Notwithstanding any other 
        law, the court shall not place on probation or suspend the 
        sentence of any person sentenced under the preceding 
        sentence.''.

SEC. 7. MANDATORY MINIMUM PRISON SENTENCES FOR PERSONS CONVICTED OF 
              DISTRIBUTION OF DRUGS TO MINORS.

    (a) In General.--Section 418 of the Controlled Substances Act (21 
U.S.C. 859) is amended--
            (1) in subsection (a)--
                    (A) by striking ``eighteen'' and inserting 
                ``twenty-one'';
                    (B) by striking ``twenty-one'' and inserting 
                ``eighteen'';
                    (C) by striking ``not less than one year'' and 
                inserting ``not less than ten years''; and
                    (D) by striking the last sentence;
            (2) in subsection (b)--
                    (A) by striking ``at least eighteen'' and inserting 
                ``at least twenty-one'';
                    (B) by striking ``under twenty-one'' and inserting 
                ``under eighteen'';
                    (C) by striking ``not less than one year'' and 
                inserting ``a mandatory term of life imprisonment''; 
                and
                    (D) by striking the last sentence;
            (3) by adding at the end the following new subsection:
    ``(c) Offenses Involving Small Quantities of Marijuana.--The 
mandatory minimum sentencing provisions of this section shall not apply 
to offenses involving five grams or less of marijuana.''; and
            (4) by amending the section heading to read as follows:

            ``distribution to persons under age eighteen''.

    (b) Technical Amendment.--The table of contents for the Controlled 
Substances Act is amended in the part relating to title D, by striking 
the items for sections 416 through 422, and inserting the following:

``Sec. 416. Establishment of manufacturing operations.
``Sec. 417. Endangering human life while illegally manufacturing a 
                            controlled substance.
``Sec. 418. Distribution to persons under age eighteen.
``Sec. 419. Distribution or manufacturing in or near schools and 
                            colleges.
``Sec. 420. Employment or use of persons under 18 years of age in drug 
                            operations.
``Sec. 421. Denial of Federal benefits to drug traffickers and 
                            possessors.
``Sec. 422. Drug paraphernalia.''.

SEC. 8. PENALTIES FOR DRUG OFFENSES IN DRUG-FREE ZONES.

    (a) Repeal.--Section 90102 of the Violent Crime Control and Law 
Enforcement Act of 1994 is repealed.
    (b) In General.--Section 419 of the Controlled Substances Act (21 
U.S.C. 860) is amended--
            (1) in subsection (a)--
                    (A) by striking ``not less than one year'' and 
                inserting ``not less than five years''; and
                    (B) by striking the last sentence;
            (2) in subsection (b), by striking ``not less than three 
        years'' and inserting ``not less than ten years'';
            (3) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (4) by inserting after subsection (b), the following new 
        subsection (c):
    ``(c) The mandatory minimum sentencing provisions of this section 
shall not apply to offenses involving five grams or less of 
marijuana.''.

SEC. 9. FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM SENTENCE 
              PROVISIONS IN CERTAIN CIRCUMSTANCES.

    (a) Amendment of Title 18, United States Code.--Section 3553 of 
title 18, United States Code, is amended by adding at the end the 
following new subsection:
    ``(f) Mandatory Minimum Sentence Provisions.--
            ``(1) Sentencing under this section.--In the case of an 
        offense described in paragraph (2), the court shall, 
        notwithstanding the requirement of a mandatory minimum sentence 
        in that section, impose a sentence in accordance with this 
        section and the sentencing guidelines and any pertinent policy 
        statement issued by the United States Sentencing Commission.
            ``(2) Offenses.--An offense is described in this paragraph 
        if--
                    ``(A) the defendant is subject to a mandatory 
                minimum term of imprisonment under section 401 or 402 
                of the Controlled Substances Act (21 U.S.C. 841 and 
                844) or section 1010 of the Controlled Substances 
                Import and Export Act (21 U.S.C. 960);
                    ``(B) the defendant does not have--
                            ``(i) any criminal history points under the 
                        sentencing guidelines; or
                            ``(ii) any prior conviction, foreign or 
                        domestic, for a crime of violence against a 
                        person or a drug trafficking offense that 
                        resulted in a sentence of imprisonment (or an 
                        adjudication as a juvenile delinquent for an 
                        act that, if committed by an adult, would 
                        constitute a crime of violence against a person 
                        or a drug trafficking offense);
                    ``(C) the offense did not result in death or 
                serious bodily injury (as defined in section 1365) to 
                any person--
                            ``(i) as a result of the act of any person 
                        during the course of the offense; or
                            ``(ii) as a result of the use by any person 
                        of a controlled substance that was involved in 
                        the offense;
                    ``(D) the defendant did not carry or otherwise have 
                possession of a firearm (as defined in section 921) or 
                other dangerous weapon during the course of the offense 
                and did not direct another person to carry a firearm 
                and the defendant had no knowledge of any other 
                conspirator involved in the offense possessing a 
                firearm;
                    ``(E) the defendant was not an organizer, leader, 
                manager, or supervisor of others (as defined or 
                determined under the sentencing guidelines) in the 
                offense;
                    ``(F) the defendant did not use, attempt to use, or 
                make a credible threat to use physical force against 
                the person of another during the course of the offense;
                    ``(G) the defendant did not own the drugs, finance 
                any part of the offense, or sell the drugs; and
                    ``(H) the Government certifies that the defendant 
                has timely and truthfully provided to the Government 
                all information and evidence the defendant has 
                concerning the offense or offenses that were part of 
                the same course of conduct or of a common scheme or 
                plan.''.
    (b) Harmonization.--
            (1) In general.--The United States Sentencing Commission--
                    (A) may make such amendments as it deems necessary 
                and appropriate to harmonize the sentencing guidelines 
                and policy statements with section 3553(f) of title 18, 
                United States Code, as added by subsection (a), and 
                promulgate policy statements to assist the courts in 
                interpreting that provision; and
                    (B) shall amend the sentencing guidelines, if 
                necessary, to assign to an offense under section 401 or 
                402 of the Controlled Substances Act (21 U.S.C. 841 and 
                844) or section 1010 of the Controlled Substances 
                Import and Export Act (21 U.S.C. 960) to which a 
                mandatory minimum term of imprisonment applies, a 
                guideline level that will result in the imposition of a 
                term of imprisonment at least equal to the mandatory 
                term of imprisonment that is currently applicable, 
                unless a downward adjustment is authorized under 
                section 3553(f) of title 18, United States Code, as 
                added by subsection (a).
            (2) Emergency amendments.--If the Commission determines 
        that an expedited procedure is necessary in order for 
        amendments made pursuant to paragraph (1) to become effective 
        on the effective date specified in subsection (c), the 
        Commission may promulgate such amendments as emergency 
        amendments under the procedures set forth in section 21(a) of 
        the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 
        1271), as though the authority under that section had not 
        expired.
    (c) Effective Date.--The amendment made by subsection (a) and any 
amendments to the sentencing guidelines made by the United States 
Sentencing Commission pursuant to subsection (b) shall apply with 
respect to sentences imposed for offenses committed on or after the 
date that is 60 days after the date of enactment of the Violent Crime 
Control and Law Enforcement Amendments Act of 1995.
    (d) Repeal of Title VIII of Violent Crime Control and Law 
Enforcement Act of 1994.--Title VIII of the Violent Crime Control and 
Law Enforcement Act of 1994 and the amendments made by that title are 
repealed effective as of the effective date specified in subsection 
(c).

SEC. 10. MANDATORY RESTITUTION TO VICTIMS OF VIOLENT CRIMES.

    (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``may order'' and inserting ``shall 
                order''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(4) In addition to ordering restitution of the victim of the 
offense of which a defendant is convicted, a court may order 
restitution of any person who, as shown by a preponderance of evidence, 
was harmed physically or pecuniarily, by unlawful conduct of the 
defendant during--
            ``(A) the criminal episode during which the offense 
        occurred; or
            ``(B) the course of a scheme, conspiracy, or pattern of 
        unlawful activity related to the offense.'';
            (2) in subsection (b)(1)(A) by striking ``impractical'' and 
        inserting ``impracticable'';
            (3) in subsection (b)(2) by inserting ``emotional or'' 
        after ``resulting in'';
            (4) in subsection (c) by striking ``If the Court decides to 
        order restitution under this section, the'' and inserting 
        ``The'';
            (5) by striking subsections (d), (e), (f), (g), and (h); 
        and
            (6) by adding at the end the following new subsections:
    ``(d)(1) The court shall order restitution to a victim in the full 
amount of the victim's losses as determined by the court and without 
consideration of--
            ``(A) the economic circumstances of the offender; or
            ``(B) the fact that a victim has received or is entitled to 
        receive compensation with respect to a loss from insurance or 
        any other source.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the restitution order the manner in 
which and the schedule according to which the restitution is to be 
paid, in consideration of--
            ``(A) the financial resources and other assets of the 
        offender;
            ``(B) projected earnings and other income of the offender; 
        and
            ``(C) any financial obligations of the offender, including 
        obligations to dependents.
    ``(3) A restoration order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
    ``(e) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each offender 
liable for payment of the full amount of restitution or may apportion 
liability among the offenders to reflect the level of contribution and 
economic circumstances of each offender.
    ``(f) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution of each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
    ``(g)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution of victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
    ``(3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(h) A restitution order shall provide that--
            ``(1) all fines, penalties, costs, restitution payments and 
        other forms of transfers of money or property made pursuant to 
        the sentence of the court shall be made by the offender to an 
        entity designated by the Director of the Administrative Office 
        of the United States Courts for accounting and payment by the 
        entity in accordance with this subsection;
            ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts shall--
                    ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting those obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful; and
                    ``(B) notify the court and the interested parties 
                when an offender is 90 days in arrears in meeting those 
                obligations; and
            ``(3) the offender shall advise the entity designated by 
        the Director of the Administrative Office of the United States 
        Courts of any change in the offender's address during the term 
        of the restitution order.
    ``(i) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
    ``(j) Compliance with the schedule of payment and other terms of a 
restitution order shall be a condition of any probation, parole, or 
other form of release of an offender. If a defendant fails to comply 
with a restitution order, the court may revoke probation or a term of 
supervised release, modify the term or conditions of probation or a 
term of supervised release, hold the defendant in contempt of court, 
enter a restraining order or injunction, order the sale of property of 
the defendant, accept a performance bond, or take any other action 
necessary to obtain compliance with the restitution order. In 
determining what action to take, the court shall consider the 
defendant's employment status, earning ability, financial resources, 
the willfulness in failing to comply with the restitution order, and 
any other circumstances that may have a bearing on the defendant's 
ability to comply with the restitution order.
    ``(k) An order of restitution may be enforced--
            ``(1) by the United States--
                    ``(A) in the manner provided for the collection and 
                payment of fines in subchapter (B) of chapter 229 of 
                this title; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(l) A victim or the offender may petition the court at any time 
to modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
    (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d);
            (3) by amending subsection (a), as redesignated by 
        paragraph (2), to read as follows:
    ``(a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
            (4) by adding at the end thereof the following new 
        subsection:
    ``(e) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate or special master for 
proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.''.
                                 <all>
S 37 IS----2
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