II

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.

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 ‘‘Violent Crime Control

5 and Law Enforcement Amendments Act of 1995’’.

6 SEC. 2. ELIMINATION OF INEFFECTIVE PROGRAMS.

7 The Violent Crime Control and Law Enforcement Act

8 of 1994 is amended by striking subtitles A, B, C, D, G,
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1 H, J, K, O, Q, S, U and X of title III, title V, and title

2 XXVII.

3 SEC. 3. AMENDMENT OF VIOLENT OFFENDER INCARCER4 ATION AND TRUTH IN SENTENCING INCEN5 TIVE GRANT PROGRAM.

6 (a) IN GENERAL.—Subtitle A of title II of the Violent

7 Crime Control and Law Enforcement Act of 1994 and the

8 amendments made thereby are amended to read as follows:

9 ‘‘Subtitle A—Violent Offender In10 carceration and Truth in Sen11 tencing Incentive Grants

12 ‘‘SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

13 ‘‘(a) GRANT AUTHORIZATION.—The Attorney Gen14 eral may make grants to individual States and to States

15 organized as multi-State compacts to construct, develop,

16 expand, modify, operate, or improve conventional correc17 tional facilities, including prisons and jails, for the con18 finement of violent offenders, to ensure that prison cell

19 space is available for the confinement of violent offenders

20 and to implement truth in sentencing laws for sentencing

21 violent offenders.

22 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant

23 under this subtitle, a State or States organized as multi24 State compacts shall submit an application to the Attorney

25 General that includes—
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1 ‘‘(1)(A) except as provided in subparagraph

2 (B), assurances that the State or States have imple3 mented, or will implement, correctional policies and

4 programs, including truth in sentencing laws that

5 ensure that violent offenders serve a substantial por6 tion of the sentences imposed, that are designed to

7 provide sufficiently severe punishment for violent of8 fenders, including violent juvenile offenders, and

9 that the prison time served is appropriately related

10 to the determination that the inmate is a violent of11 fender and for a period of time determined to be

12 necessary to protect the public;

13 ‘‘(B) in the case of a State that on the date of

14 enactment of the Violent Crime Control and Law

15 Enforcement Amendments Act of 1995, practices

16 indeterminant sentencing, a demonstration that av17 erage times served for the offenses of murder, rape,

18 robbery, and assault in the State exceed by at least

19 10 percent the national average of times served for

20 such offenses in all of the States;

21 ‘‘(2) assurances that the State or States have

22 implemented policies that provide for the recognition

23 of the rights and needs of crime victims;

24 ‘‘(3) assurances that funds received under this

25 section will be used to construct, develop, expand,
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1 modify, operate, or improve conventional correctional

2 facilities;

3 ‘‘(4) assurances that the State or States have

4 involved counties and other units of local govern5 ment, when appropriate, in the construction, devel6 opment, expansion, modification, operation, or im7 provement of correctional facilities designed to en8 sure the incarceration of violent offenders, and that

9 the State or States will share funds received under

10 this section with counties and other units of local

11 government, taking into account the burden placed

12 on these units of government when they are required

13 to confine sentenced prisoners because of overcrowd14 ing in State prison facilities;

15 ‘‘(5) assurances that funds received under this

16 section will be used to supplement, not supplant,

17 other Federal, State, and local funds;

18 ‘‘(6) assurances that the State or States have

19 implemented, or will implement not later than 18

20 months after the date of the enactment of the Vio21 lent Crime Control and Law Enforcement Amend22 ments Act of 1995, policies to determine the veteran

23 status of inmates and to ensure that incarcerated

24 veterans receive the veterans benefits to which they

25 are entitled; and
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1 ‘‘(7) if applicable, documentation of the multi2 State compact agreement that specifies the construc3 tion, development, expansion, modification, oper4 ation, or improvement of correctional facilities.

5 ‘‘SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

6 ‘‘(a) TRUTH IN SENTENCING GRANT PROGRAM.—

7 Fifty percent of the total amount of funds appropriated

8 to carry out this subtitle for each of fiscal years 1996,

9 1997, 1998, 1999, and 2000 shall be made available for

10 Truth in Sentencing Incentive Grants. To be eligible to

11 receive such a grant, a State must meet the requirements

12 of section 20101(b) and shall demonstrate that the

13 State—

14 ‘‘(1) has in effect laws that require that persons

15 convicted of violent crimes serve not less than 85

16 percent of the sentence imposed;

17 ‘‘(2) since 1993—

18 ‘‘(A) has increased the percentage of con19 victed violent offenders sentenced to prison;

20 ‘‘(B) has increased the average prison time

21 that will be served in prison by convicted violent

22 offenders sentenced to prison; and

23 ‘‘(C) has in effect at the time of applica24 tion laws requiring that a person who is con-
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1 victed of a violent crime shall serve not less

2 than 85 percent of the sentence imposed if—

3 ‘‘(i) the person has been convicted on

4 1 or more prior occasions in a court of the

5 United States or of a State of a violent

6 crime or a serious drug offense; and

7 ‘‘(ii) each violent crime or serious

8 drug offense was committed after the de9 fendant’s conviction of the preceding vio10 lent crime or serious drug offense; or

11 ‘‘(3) in the case of a State that on the date of

12 enactment of the Violent Crime Control and Law

13 Enforcement Amendments Act of 1995 practices

14 indeterminant sentencing, a demonstration that av15 erage times served for the offenses of murder, rape,

16 robbery, and assault in the State exceed by at least

17 10 percent the national average of times served for

18 such offenses in all of the States.

19 ‘‘(b) ALLOCATION OF TRUTH IN SENTENCING IN20 CENTIVE FUNDS.—The amount made available to carry

21 out this section for any fiscal year shall be allocated to

22 each eligible State in the ratio that the number of part

23 1 violent crimes reported by such State to the Federal Bu24 reau of Investigation for the previous year bears to the
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1 number of part 1 violent crimes reported by all States to

2 the Federal Bureau of Investigation for the previous year.

3 ‘‘SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

4 ‘‘(a) VIOLENT OFFENDER INCARCERATION GRANT

5 PROGRAM.—Fifty percent of the total amount of funds ap6 propriated to carry out this subtitle for each of fiscal years

7 1996, 1997, 1998, 1999, and 2000 shall be made available

8 for Violent Offender Incarceration Grants. To be eligible

9 to receive such a grant, a State or States must meet the

10 requirements of section 20101(b).

11 ‘‘(b) ALLOCATION OF VIOLENT OFFENDER INCAR12 CERATION FUNDS.—

13 ‘‘(1) FORMULA ALLOCATION.—0.6 percent shall

14 be allocated to each eligible State except that the

15 United States Virgin Islands, American Samoa,

16 Guam, and the Northern Mariana Islands each shall

17 be allocated 0.05 percent.

18 ‘‘(2) REMAINDER.—The amount remaining

19 after application of subparagraph (A) shall be allo20 cated to each eligible State in the ratio that the

21 number of part 1 violent crimes reported by such

22 State to the Federal Bureau of Investigation for the

23 previous year bears to the number of part 1 violent

24 crimes reported by all States to the Federal Bureau

25 of Investigation for the previous year.
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1 ‘‘SEC. 20104. RULES AND REGULATIONS.

2 ‘‘(a) IN GENERAL.—The Attorney General shall issue

3 rules and regulations regarding the uses of grant funds

4 received under this subtitle not later than 90 days after

5 the date of enactment of the Violent Crime Control and

6 Law Enforcement Amendments Act of 1995.

7 ‘‘(b) BEST AVAILABLE DATA.—If data regarding

8 part 1 violent crimes in any State for the previous year

9 is unavailable or substantially inaccurate, the Attorney

10 General shall utilize the best available comparable data re11 garding the number of violent crimes for the previous year

12 for that State for the purposes of allocation of any funds

13 under this subtitle.

14 ‘‘SEC. 20105. DEFINITIONS.

15 ‘‘In this subtitle—

16 ‘‘(1) the term ‘part 1 violent crimes’ means

17 murder and non-negligent manslaughter, forcible

18 rape, robbery, and aggravated assault as reported to

19 the Federal Bureau of Investigation for purposes of

20 the Uniform Crime Reports;

21 ‘‘(2) the term ‘State’ or ‘States’ means a State,

22 the District of Columbia, the Commonwealth of

23 Puerto Rico, the United States Virgin Islands,

24 American Samoa, Guam, and the Northern Mariana

25 Islands; and
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1 ‘‘(3) the term ‘indeterminate sentencing’ means

2 a system by which the court has discretion on impos3 ing the actual length of the sentence, up to the stat4 utory maximum and an administrative agency, gen5 erally the parole board, controls release between

6 court-ordered minimum and maximum sentence.

7 ‘‘SEC. 20106. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘There are authorized to be appropriated to carry out

9 this subtitle—

10 ‘‘(1) $1,000,000,000 for fiscal year 1996;

11 ‘‘(2) $1,150,000,000 for fiscal year 1997;

12 ‘‘(3) $2,100,000,000 for fiscal year 1998;

13 ‘‘(5) $2,200,000,000 for fiscal year 1999; and

14 ‘‘(6) $2,270,000,000 for fiscal year 2000.’’.

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

16 (1) TECHNICAL AMENDMENT.—The table of

17 contents for the Violent Crime Control and Law En18 forcement Act of 1994 is amended by striking the

19 items for subtitle A of title II, and inserting the fol20 lowing:

‘‘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.’’.

21 (2) CONFORMING AMENDMENT.—Section

22 310004(d) of the Violent Crime Control and Law
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1 Enforcement Act of 1994 is amended in the defini2 tion of ‘‘State and local law enforcement program’’,

3 in paragraph (13), by striking ‘‘20101–20109’’ and

4 inserting ‘‘20102–20108’’.

5 SEC. 4. PUNISHMENT FOR YOUNG OFFENDERS.

6 (a) IN GENERAL.—Subtitle B of title II of the Violent

7 Crime Control and Law Enforcement Act of 1994 and the

8 amendment made by that subtitle is repealed.

9 (b) CONFORMING AMENDMENTS.—The Violent

10 Crime Control and Law Enforcement Act of 1994 is

11 amended—

12 (1) in section 32101, and

13 (2) in section 310004(d), in the definition of

14 ‘‘State and local law enforcement program’’—

15 (A) in paragraph (14), by inserting ‘‘and’’

16 at the end;

17 (B) in paragraph (15), by striking ‘‘; and’’

18 and inserting a period; and

19 (C) by striking paragraph (16).

20 SEC. 5. INCREASED MANDATORY MINIMUM SENTENCES

21 FOR CRIMINALS USING FIREARMS.

22 Section 924(c)(1) of title 18, United States Code, is

23 amended by inserting after the first sentence the follow24 ing: ‘‘Except to the extent a greater minimum sentence

25 is otherwise provided by the preceding sentence or by any
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1 other provision of this subsection or any other law, a per2 son who, during and in relation to any crime of violence

3 or drug trafficking crime (including a crime of violence

4 or drug trafficking crime that provides for an enhanced

5 punishment if committed by the use of a deadly or dan6 gerous weapon or device) for which a person may be pros7 ecuted in a court of the United States, uses or carries a

8 firearm, shall, in addition to the punishment provided for

9 such crime of violence or drug trafficking crime—

10 ‘‘(A) be punished by imprisonment for not less

11 than 10 years;

12 ‘‘(B) if the firearm is discharged, be punished

13 by imprisonment for not less than 20 years; and

14 ‘‘(C) if the death of a person results, be pun15 ished by death or by imprisonment for not less than

16 life.

17 Notwithstanding any other law, the court shall not place

18 on probation or suspend the sentence of any person con19 victed of a violation of this subsection, nor shall the term

20 of imprisonment imposed under this subsection run con21 currently with any other term of imprisonment including

22 that imposed for the crime of violence or drug trafficking

23 crime in which the firearm was used or carried. No person

24 sentenced under this subsection shall be eligible for parole
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1 during the term of imprisonment imposed under this sub2 section.’’.

3 SEC. 6. MANDATORY MINIMUM PRISON SENTENCES FOR

4 THOSE WHO USE MINORS IN DRUG TRAF5 FICKING ACTIVITIES.

6 (a) EMPLOYMENT OF PERSONS UNDER 18 YEARS OF

7 AGE.—Section 420 of the Controlled Substances Act (21

8 U.S.C. 861) is amended—

9 (1) in subsection (b), by adding at the end the

10 following: ‘‘Except to the extent a greater minimum

11 sentence is otherwise provided, a term of imprison12 ment of a person 21 or more years of age convicted

13 of drug trafficking under this subsection shall be not

14 less than 10 years. Notwithstanding any other law,

15 the court shall not place on probation or suspend the

16 sentence of any person sentenced under the preced17 ing sentence.’’; and

18 (2) in subsection (c), (penalty for second of19 fenses) by inserting after the second sentence the

20 following: ‘‘Except to the extent a greater minimum

21 sentence is otherwise provided, a term of imprison22 ment of a person 21 or more years of age convicted

23 of drug trafficking under this subsection shall be a

24 mandatory term of life imprisonment. Notwithstand25 ing any other law, the court shall not place on pro-
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1 bation or suspend the sentence of any person sen2 tenced under the preceding sentence.’’.

3 SEC. 7. MANDATORY MINIMUM PRISON SENTENCES FOR

4 PERSONS CONVICTED OF DISTRIBUTION OF

5 DRUGS TO MINORS.

6 (a) IN GENERAL.—Section 418 of the Controlled

7 Substances Act (21 U.S.C. 859) is amended—

8 (1) in subsection (a)—

9 (A) by striking ‘‘eighteen’’ and inserting

10 ‘‘twenty-one’’;

11 (B) by striking ‘‘twenty-one’’ and inserting

12 ‘‘eighteen’’;

13 (C) by striking ‘‘not less than one year’’

14 and inserting ‘‘not less than ten years’’; and

15 (D) by striking the last sentence;

16 (2) in subsection (b)—

17 (A) by striking ‘‘at least eighteen’’ and in18 serting ‘‘at least twenty-one’’;

19 (B) by striking ‘‘under twenty-one’’ and in20 serting ‘‘under eighteen’’;

21 (C) by striking ‘‘not less than one year’’

22 and inserting ‘‘a mandatory term of life impris23 onment’’; and

24 (D) by striking the last sentence;
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1 (3) by adding at the end the following new sub2 section:

3 ‘‘(c) OFFENSES INVOLVING SMALL QUANTITIES OF

4 MARIJUANA.—The mandatory minimum sentencing provi5 sions of this section shall not apply to offenses involving

6 five grams or less of marijuana.’’; and

7 (4) by amending the section heading to read as

8 follows:

9 ‘‘DISTRIBUTION TO PERSONS UNDER AGE EIGHTEEN’’.

10 (b) TECHNICAL AMENDMENT.—The table of contents

11 for the Controlled Substances Act is amended in the part

12 relating to title D, by striking the items for sections 416

13 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.’’.

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

15 ZONES.

16 (a) REPEAL.—Section 90102 of the Violent Crime

17 Control and Law Enforcement Act of 1994 is repealed.

18 (b) IN GENERAL.—Section 419 of the Controlled

19 Substances Act (21 U.S.C. 860) is amended—

20 (1) in subsection (a)—
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1 (A) by striking ‘‘not less than one year’’

2 and inserting ‘‘not less than five years’’; and

3 (B) by striking the last sentence;

4 (2) in subsection (b), by striking ‘‘not less than

5 three years’’ and inserting ‘‘not less than ten years’’;

6 (3) by redesignating subsections (c) and (d) as

7 subsections (d) and (e), respectively; and

8 (4) by inserting after subsection (b), the follow9 ing new subsection (c):

10 ‘‘(c) The mandatory minimum sentencing provisions

11 of this section shall not apply to offenses involving five

12 grams or less of marijuana.’’.

13 SEC. 9. FLEXIBILITY IN APPLICATION OF MANDATORY MIN14 IMUM SENTENCE PROVISIONS IN CERTAIN

15 CIRCUMSTANCES.

16 (a) AMENDMENT OF TITLE 18, UNITED STATES

17 CODE.—Section 3553 of title 18, United States Code, is

18 amended by adding at the end the following new sub19 section:

20 ‘‘(f) MANDATORY MINIMUM SENTENCE PROVI21 SIONS.—

22 ‘‘(1) SENTENCING UNDER THIS SECTION.—In

23 the case of an offense described in paragraph (2),

24 the court shall, notwithstanding the requirement of

25 a mandatory minimum sentence in that section, im-
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1 pose a sentence in accordance with this section and

2 the sentencing guidelines and any pertinent policy

3 statement issued by the United States Sentencing

4 Commission.

5 ‘‘(2) OFFENSES.—An offense is described in

6 this paragraph if—

7 ‘‘(A) the defendant is subject to a manda8 tory minimum term of imprisonment under sec9 tion 401 or 402 of the Controlled Substances

10 Act (21 U.S.C. 841 and 844) or section 1010

11 of the Controlled Substances Import and Ex12 port Act (21 U.S.C. 960);

13 ‘‘(B) the defendant does not have—

14 ‘‘(i) any criminal history points under

15 the sentencing guidelines; or

16 ‘‘(ii) any prior conviction, foreign or

17 domestic, for a crime of violence against a

18 person or a drug trafficking offense that

19 resulted in a sentence of imprisonment (or

20 an adjudication as a juvenile delinquent for

21 an act that, if committed by an adult,

22 would constitute a crime of violence

23 against a person or a drug trafficking of24 fense);
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1 ‘‘(C) the offense did not result in death or

2 serious bodily injury (as defined in section

3 1365) to any person—

4 ‘‘(i) as a result of the act of any per5 son during the course of the offense; or

6 ‘‘(ii) as a result of the use by any per7 son of a controlled substance that was in8 volved in the offense;

9 ‘‘(D) the defendant did not carry or other10 wise have possession of a firearm (as defined in

11 section 921) or other dangerous weapon during

12 the course of the offense and did not direct an13 other person to carry a firearm and the defend14 ant had no knowledge of any other conspirator

15 involved in the offense possessing a firearm;

16 ‘‘(E) the defendant was not an organizer,

17 leader, manager, or supervisor of others (as de18 fined or determined under the sentencing guide19 lines) in the offense;

20 ‘‘(F) the defendant did not use, attempt to

21 use, or make a credible threat to use physical

22 force against the person of another during the

23 course of the offense;
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1 ‘‘(G) the defendant did not own the drugs,

2 finance any part of the offense, or sell the

3 drugs; and

4 ‘‘(H) the Government certifies that the de5 fendant has timely and truthfully provided to

6 the Government all information and evidence

7 the defendant has concerning the offense or of8 fenses that were part of the same course of con9 duct or of a common scheme or plan.’’.

10 (b) HARMONIZATION.—

11 (1) IN GENERAL.—The United States Sentenc12 ing Commission—

13 (A) may make such amendments as it

14 deems necessary and appropriate to harmonize

15 the sentencing guidelines and policy statements

16 with section 3553(f) of title 18, United States

17 Code, as added by subsection (a), and promul18 gate policy statements to assist the courts in in19 terpreting that provision; and

20 (B) shall amend the sentencing guidelines,

21 if necessary, to assign to an offense under sec22 tion 401 or 402 of the Controlled Substances

23 Act (21 U.S.C. 841 and 844) or section 1010

24 of the Controlled Substances Import and Ex25 port Act (21 U.S.C. 960) to which a mandatory
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1 minimum term of imprisonment applies, a

2 guideline level that will result in the imposition

3 of a term of imprisonment at least equal to the

4 mandatory term of imprisonment that is cur5 rently applicable, unless a downward adjust6 ment is authorized under section 3553(f) of

7 title 18, United States Code, as added by sub8 section (a).

9 (2) EMERGENCY AMENDMENTS.—If the Com10 mission determines that an expedited procedure is

11 necessary in order for amendments made pursuant

12 to paragraph (1) to become effective on the effective

13 date specified in subsection (c), the Commission may

14 promulgate such amendments as emergency amend15 ments under the procedures set forth in section

16 21(a) of the Sentencing Act of 1987 (Public Law

17 100–182; 101 Stat. 1271), as though the authority

18 under that section had not expired.

19 (c) EFFECTIVE DATE.—The amendment made by

20 subsection (a) and any amendments to the sentencing

21 guidelines made by the United States Sentencing Commis22 sion pursuant to subsection (b) shall apply with respect

23 to sentences imposed for offenses committed on or after

24 the date that is 60 days after the date of enactment of
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1 the Violent Crime Control and Law Enforcement Amend2 ments Act of 1995.

3 (d) REPEAL OF TITLE VIII OF VIOLENT CRIME CON4 TROL AND LAW ENFORCEMENT ACT OF 1994.—Title VIII

5 of the Violent Crime Control and Law Enforcement Act

6 of 1994 and the amendments made by that title are re7 pealed effective as of the effective date specified in sub8 section (c).

9 SEC. 10. MANDATORY RESTITUTION TO VICTIMS OF VIO10 LENT CRIMES.

11 (a) ORDER OF RESTITUTION.—Section 3663 of title

12 18, United States Code, is amended—

13 (1) in subsection (a)—

14 (A) by striking ‘‘may order’’ and inserting

15 ‘‘shall order’’; and

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

17 paragraph:

18 ‘‘(4) In addition to ordering restitution of the victim

19 of the offense of which a defendant is convicted, a court

20 may order restitution of any person who, as shown by a

21 preponderance of evidence, was harmed physically or pecu22 niarily, by unlawful conduct of the defendant during—

23 ‘‘(A) the criminal episode during which the of24 fense occurred; or
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1 ‘‘(B) the course of a scheme, conspiracy, or pat2 tern of unlawful activity related to the offense.’’;

3 (2) in subsection (b)(1)(A) by striking ‘‘imprac4 tical’’ and inserting ‘‘impracticable’’;

5 (3) in subsection (b)(2) by inserting ‘‘emotional

6 or’’ after ‘‘resulting in’’;

7 (4) in subsection (c) by striking ‘‘If the Court

8 decides to order restitution under this section, the’’

9 and inserting ‘‘The’’;

10 (5) by striking subsections (d), (e), (f), (g), and

11 (h); and

12 (6) by adding at the end the following new sub13 sections:

14 ‘‘(d)(1) The court shall order restitution to a victim

15 in the full amount of the victim’s losses as determined by

16 the court and without consideration of—

17 ‘‘(A) the economic circumstances of the of18 fender; or

19 ‘‘(B) the fact that a victim has received or is

20 entitled to receive compensation with respect to a

21 loss from insurance or any other source.

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

23 owed to each victim, the court shall specify in the restitu24 tion order the manner in which and the schedule according

25 to which the restitution is to be paid, in consideration of—
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1 ‘‘(A) the financial resources and other assets of

2 the offender;

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

4 the offender; and

5 ‘‘(C) any financial obligations of the offender,

6 including obligations to dependents.

7 ‘‘(3) A restoration order may direct the offender to

8 make a single, lump-sum payment, partial payment at

9 specified intervals, or such in-kind payments as may be

10 agreeable to the victim and the offender.

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

12 may be in the form of—

13 ‘‘(A) return of property;

14 ‘‘(B) replacement of property; or

15 ‘‘(C) services rendered to the victim or to a per16 son or organization other than the victim.

17 ‘‘(e) When the court finds that more than 1 offender

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

19 each offender liable for payment of the full amount of res20 titution or may apportion liability among the offenders to

21 reflect the level of contribution and economic cir22 cumstances of each offender.

23 ‘‘(f) When the court finds that more than 1 victim

24 has sustained a loss requiring restitution by an offender,

25 the court shall order full restitution of each victim but may
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1 provide for different payment schedules to reflect the eco2 nomic circumstances of each victim.

3 ‘‘(g)(1) If the victim has received or is entitled to re4 ceive compensation with respect to a loss from insurance

5 or any other source, the court shall order that restitution

6 be paid to the person who provided or is obligated to pro7 vide the compensation, but the restitution order shall pro8 vide that all restitution of victims required by the order

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

10 such a provider of compensation.

11 ‘‘(2) The issuance of a restitution order shall not af12 fect the entitlement of a victim to receive compensation

13 with respect to a loss from insurance or any other source

14 until the payments actually received by the victim under

15 the restitution order fully compensate the victim for the

16 loss, at which time a person that has provided compensa17 tion to the victim shall be entitled to receive any payments

18 remaining to be paid under the restitution order.

19 ‘‘(3) Any amount paid to a victim under an order of

20 restitution shall be set off against any amount later recov21 ered as compensatory damages by the victim in—

22 ‘‘(A) any Federal civil proceeding; and

23 ‘‘(B) any State civil proceeding, to the extent

24 provided by the law of the State.

25 ‘‘(h) A restitution order shall provide that—
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1 ‘‘(1) all fines, penalties, costs, restitution pay2 ments and other forms of transfers of money or

3 property made pursuant to the sentence of the court

4 shall be made by the offender to an entity des5 ignated by the Director of the Administrative Office

6 of the United States Courts for accounting and pay7 ment by the entity in accordance with this sub8 section;

9 ‘‘(2) the entity designated by the Director of

10 the Administrative Office of the United States

11 Courts shall—

12 ‘‘(A) log all transfers in a manner that

13 tracks the offender’s obligations and the cur14 rent status in meeting those obligations, unless,

15 after efforts have been made to enforce the res16 titution order and it appears that compliance

17 cannot be obtained, the court determines that

18 continued recordkeeping under this subpara19 graph would not be useful; and

20 ‘‘(B) notify the court and the interested

21 parties when an offender is 90 days in arrears

22 in meeting those obligations; and

23 ‘‘(3) the offender shall advise the entity des24 ignated by the Director of the Administrative Office

25 of the United States Courts of any change in the of-
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1 fender’s address during the term of the restitution

2 order.

3 ‘‘(i) A restitution order shall constitute a lien against

4 all property of the offender and may be recorded in any

5 Federal or State office for the recording of liens against

6 real or personal property.

7 ‘‘(j) Compliance with the schedule of payment and

8 other terms of a restitution order shall be a condition of

9 any probation, parole, or other form of release of an of10 fender. If a defendant fails to comply with a restitution

11 order, the court may revoke probation or a term of super12 vised release, modify the term or conditions of probation

13 or a term of supervised release, hold the defendant in con14 tempt of court, enter a restraining order or injunction,

15 order the sale of property of the defendant, accept a per16 formance bond, or take any other action necessary to ob17 tain compliance with the restitution order. In determining

18 what action to take, the court shall consider the defend19 ant’s employment status, earning ability, financial re20 sources, the willfulness in failing to comply with the res21 titution order, and any other circumstances that may have

22 a bearing on the defendant’s ability to comply with the

23 restitution order.

24 ‘‘(k) An order of restitution may be enforced—

25 ‘‘(1) by the United States—
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1 ‘‘(A) in the manner provided for the collec2 tion and payment of fines in subchapter (B) of

3 chapter 229 of this title; or

4 ‘‘(B) in the same manner as a judgment in

5 a civil action; and

6 ‘‘(2) by a victim named in the order to receive

7 the restitution, in the same manner as a judgment

8 in a civil action.

9 ‘‘(l) A victim or the offender may petition the court

10 at any time to modify a restitution order as appropriate

11 in view of a change in the economic circumstances of the

12 offender.’’.

13 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU14 TION.—Section 3664 of title 18, United States Code, is

15 amended—

16 (1) by striking subsection (a);

17 (2) by redesignating subsections (b), (c), (d),

18 and (e) as subsections (a), (b), (c), and (d);

19 (3) by amending subsection (a), as redesignated

20 by paragraph (2), to read as follows:

21 ‘‘(a) The court may order the probation service of the

22 court to obtain information pertaining to the amount of

23 loss sustained by any victim as a result of the offense,

24 the financial resources of the defendant, the financial

25 needs and earning ability of the defendant and the defend-
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1 ant’s dependents, and such other factors as the court

2 deems appropriate. The probation service of the court

3 shall include the information collected in the report of

4 presentence investigation or in a separate report, as the

5 court directs.’’; and

6 (4) by adding at the end thereof the following

7 new subsection:

8 ‘‘(e) The court may refer any issue arising in connec9 tion with a proposed order of restitution to a magistrate

10 or special master for proposed findings of fact and rec11 ommendations as to disposition, subject to a de novo de12 termination of the issue by the court.’’.

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