Calendar No. 257

104TH CONGRESS

1ST SESSION H. R. 665

[Report No. 104–179]

AN ACT

To control crime by mandatory victim restitution.

DECEMBER 6, 1995

Reported with an amendment and an amendment to the

title
II

Calendar No. 257

104TH CONGRESS

1ST SESSION H. R. 665

[Report No. 104–179]

IN THE SENATE OF THE UNITED STATES

FEBRUARY 8 (legislative day, JANUARY 30), 1995

Received; read twice and referred to the Committee on the Judiciary

DECEMBER 6, 1995

Reported by Mr. HATCH, with an amendment and an amendment to the title

[Strike out all after the enacting clause and insert the part printed in italic]

AN ACT

To control crime by mandatory victim restitution.

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 ‘‘Victim Restitution Act

5 of 1995’’.

6 SEC. 2. MANDATORY RESTITUTION AND OTHER PROVI7 SIONS.

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

9 18, United States Code, is amended—
2

•HR 665 RS

1 (1) in subsection (a)—

2 (A) in paragraph (1)—

3 (i) by striking ‘‘may order, in addition

4 to or, in the case of a misdemeanor, in lieu

5 of any other penalty authorized by law’’

6 and inserting ‘‘shall order’’; and

7 (ii) by adding at the end the follow8 ing: ‘‘The requirement of this paragraph

9 does not affect the power of the court to

10 impose any other penalty authorized by

11 law. In the case of a misdemeanor, the

12 court may impose restitution in lieu of any

13 other penalty authorized by law.’’;

14 (B) by adding at the end the following:

15 ‘‘(4) In addition to ordering restitution to the victim

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

17 may order restitution to any person who, as shown by a

18 preponderance of evidence, was harmed physically, emo19 tionally, or pecuniarily, by unlawful conduct of the defend20 ant during—

21 ‘‘(A) the criminal episode during which the of22 fense occurred; or

23 ‘‘(B) the course of a scheme, conspiracy, or pat24 tern of unlawful activity related to the offense.’’;
3

•HR 665 RS

1 (2) in subsection (b)(1)(B) by striking ‘‘imprac2 tical’’ and inserting ‘‘impracticable’’;

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

4 or’’ after ‘‘resulting in’’;

5 (4) in subsection (b)—

6 (A) by striking ‘‘and’’ at the end of para7 graph (4);

8 (B) by redesignating paragraph (5) as

9 paragraph (6); and

10 (C) by inserting after paragraph (4) the

11 following new paragraph:

12 ‘‘(5) in any case, reimburse the victim for lost

13 income and necessary child care, transportation, and

14 other expenses related to participation in the inves15 tigation or prosecution of the offense or attendance

16 at proceedings related to the offense; and’’;

17 (5) in subsection (c) by striking ‘‘If the court

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

19 and inserting ‘‘The’’;

20 (6) by striking subsections (d), (e), (f), (g), and

21 (h);

22 (7) by redesignating subsection (i) as subsection

23 (m); and

24 (8) by inserting after subsection (c) the follow25 ing:
4

•HR 665 RS

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

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

3 the court and without consideration of—

4 ‘‘(A) the economic circumstances of the of5 fender; or

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

7 entitled to receive compensation with respect to a

8 loss from insurance or any other source.

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

10 owed to each victim, the court shall specify in the restitu11 tion order the manner in which and the schedule according

12 to which the restitution is to be paid, in consideration of—

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

14 the offender;

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

16 the offender; and

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

18 including obligations to dependents.

19 ‘‘(3) A restitution order may direct the offender to

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

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

22 agreeable to the victim and the offender. A restitution

23 order shall direct the offender to give appropriate notice

24 to victims and other persons in cases where there are mul25 tiple victims or other persons who may receive restitution,
5

•HR 665 RS

1 and where the identity of such victims and other persons

2 can be reasonably determined.

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

4 may be in the form of—

5 ‘‘(A) return of property;

6 ‘‘(B) replacement of property; or

7 ‘‘(C) services rendered to the victim or to a per8 son or organization other than the victim.

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

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

11 each offender liable for payment of the full amount of res12 titution or may apportion liability among the offenders to

13 reflect the level of contribution and economic cir14 cumstances of each offender.

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

16 has sustained a loss requiring restitution by an offender,

17 the court shall order full restitution to each victim but

18 may provide for different payment schedules to reflect the

19 economic circumstances of each victim.

20 ‘‘(g)(1) If the victim has received or is entitled to re21 ceive compensation with respect to a loss from insurance

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

23 be paid to the person who provided or is obligated to pro24 vide the compensation, but the restitution order shall pro25 vide that all restitution to victims required by the order
6

•HR 665 RS

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

2 such a provider of compensation.

3 ‘‘(2) The issuance of a restitution order shall not af4 fect the entitlement of a victim to receive compensation

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

6 until the payments actually received by the victim under

7 the restitution order fully compensate the victim for the

8 loss, at which time a person that has provided compensa9 tion to the victim shall be entitled to receive any payments

10 remaining to be paid under the restitution order.

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

12 restitution shall be set off against any amount later recov13 ered as compensatory damages by the victim in—

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

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

16 provided by the law of the State.

17 ‘‘(h) A restitution order shall provide that—

18 ‘‘(1) all fines, penalties, costs, restitution pay19 ments and other forms of transfers of money or

20 property made pursuant to the sentence of the court

21 shall be made by the offender to an entity des22 ignated by the Director of the Administrative Office

23 of the United States Courts for accounting and pay24 ment by the entity in accordance with this sub25 section;
7

•HR 665 RS

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

2 the Administrative Office of the United States

3 Courts shall—

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

5 tracks the offender’s obligations and the cur6 rent status in meeting those obligations, unless,

7 after efforts have been made to enforce the res8 titution order and it appears that compliance

9 cannot be obtained, the court determines that

10 continued recordkeeping under this subpara11 graph would not be useful; and

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

13 parties when an offender is 30 days in arrears

14 in meeting those obligations; and

15 ‘‘(3) the offender shall advise the entity des16 ignated by the Director of the Administrative Office

17 of the United States Courts of any change in the of18 fender’s address during the term of the restitution

19 order.

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

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

22 Federal or State office for the recording of liens against

23 real or personal property.

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

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

•HR 665 RS

1 any probation, parole, or other form of release of an of2 fender. If a defendant fails to comply with a restitution

3 order, the court may revoke probation or a term of super4 vised release, modify the term or conditions of probation

5 or a term of supervised release, hold the defendant in con6 tempt of court, enter a restraining order or injunction,

7 order the sale of property of the defendant, accept a per8 formance bond, or take any other action necessary to ob9 tain compliance with the restitution order. In determining

10 what action to take, the court shall consider the defend11 ant’s employment status, earning ability, financial re12 sources, the willfulness in failing to comply with the res13 titution order, and any other circumstances that may have

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

15 restitution order.

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

17 ‘‘(1) by the United States—

18 ‘‘(A) in the manner provided for the collec19 tion and payment of fines in subchapter B of

20 chapter 229 of this title; or

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

22 a civil action; and

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

24 the restitution, in the same manner as a judgment

25 in a civil action.
9

•HR 665 RS

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

2 at any time to modify a restitution order as appropriate

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

4 offender.’’.

5 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU6 TION.—Section 3664 of title 18, United States Code, is

7 amended—

8 (1) by striking subsection (a);

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

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

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

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

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

14 court to obtain information pertaining to the amount of

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

16 the financial resources of the defendant, the financial

17 needs and earning ability of the defendant and the defend18 ant’s dependents, and such other factors as the court

19 deems appropriate. The probation service of the court

20 shall include the information collected in the report of

21 presentence investigation or in a separate report, as the

22 court directs.’’; and

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

24 new subsection:
10

•HR 665 RS

1 ‘‘(e) The court may refer any issue arising in connec2 tion with a proposed order of restitution to a magistrate

3 or special master for proposed findings of fact and rec4 ommendations as to disposition, subject to a de novo de5 termination of the issue by the court.’’.

6 SECTION 1. SHORT TITLE.

7 This Act may be cited as the ‘‘Victims Justice Act of

8 1995’’.

9 SEC. 2. TABLE OF CONTENTS.

10 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.

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. Juvenile delinquency; dispositional hearing.

Sec. 108. Instruction to Sentencing Commission.

Sec. 109. Justice Department regulations.

Sec. 110. Special assessments on convicted persons.

Sec. 111. Crime Victims Fund.

Sec. 112. Victims of terrorism act.

Sec. 113. Effective date.

TITLE II—MISCELLANEOUS PROVISIONS

Sec. 201. Severability.

Sec. 202. Study and report.

11 TITLE I—RESTITUTION

12 SEC. 101. ORDER OF RESTITUTION.

13 Section 3556 of title 18, United States Code, is amend14 ed—
11

•HR 665 RS

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

2 and

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

4 inserting ‘‘3663A, and may order restitution in ac5 cordance with section 3663. The procedures under sec6 tion 3664 shall apply to all orders of restitution

7 under this section.’’.

8 SEC. 102. CONDITIONS OF PROBATION.

9 Section 3563 of title 18, United States Code, is amend10 ed—

11 (1) in subsection (a)—

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

13 the end;

14 (B) in the first paragraph (4) (relating to

15 conditions of probation for a domestic crime of

16 violence), by striking the period and inserting a

17 semicolon;

18 (C) by redesignating the second paragraph

19 (4) (relating to conditions of probation concern20 ing drug use and testing) as paragraph (5);

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

22 striking the period at the end and inserting a

23 semicolon; and

24 (E) by inserting after paragraph (5), as re25 designated, the following new paragraphs:
12

•HR 665 RS

1 ‘‘(6) that the defendant—

2 ‘‘(A) make restitution in accordance with

3 sections 2248, 2259, 2264, 3663, 3663A, and

4 3664;

5 ‘‘(B) pay the assessment imposed in accord6 ance with section 3013; and

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

8 any material change in the defendant’s economic cir9 cumstances that might affect the defendant’s ability to

10 pay restitution, fines, or special assessments.’’; and

11 (2) in subsection (b)—

12 (A) by striking paragraphs (2) and (3); and

13 (B) by redesignating paragraphs (4)

14 through (22) as paragraphs (2) through (20), re15 spectively.

16 SEC. 103. MANDATORY RESTITUTION.

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

18 States Code, is amended by inserting immediately after sec19 tion 3663 the following new section:

20 ‘‘§ 3663A. Mandatory restitution to victims of certain

21 crimes

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

23 when sentencing a defendant convicted of an offense de24 scribed in subsection (c), the court shall order, in addition

25 to any other penalty authorized by law, that the defendant
13

•HR 665 RS

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

2 is deceased, to the victim’s estate.

3 ‘‘(2) For purposes of restitution, a victim of an offense

4 that involves as an element a scheme, conspiracy, or pattern

5 of criminal activity means any person directly harmed by

6 the defendant’s criminal conduct in the course of the scheme,

7 conspiracy, or pattern, including, in the case of a victim

8 who is under 18 years of age, incompetent, incapacitated,

9 or deceased, the legal guardian of the victim or representa10 tive of the victim’s estate, another family member, or any

11 other person appointed as suitable by the court. In no event

12 shall the defendant be named as such representative or

13 guardian.

14 ‘‘(3) The court shall also order, if agreed to by the par15 ties in a plea agreement, restitution to persons other than

16 the victim of the offense.

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

18 defendant—

19 ‘‘(1) in the case of an offense resulting in dam20 age to or loss or destruction of property of a victim

21 of the offense—

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

23 property or someone designated by the owner; or
14

•HR 665 RS

1 ‘‘(B) if return of the property under sub2 paragraph (A) is impossible, impracticable, or

3 inadequate, pay an amount equal to—

4 ‘‘(i) the greater of—

5 ‘‘(I) the value of the property on

6 the date of the damage, loss, or destruc7 tion; or

8 ‘‘(II) the value of the property on

9 the date of sentencing, less

10 ‘‘(ii) the value (as of the date the prop11 erty is returned) of any part of the property

12 that is returned;

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

14 injury to a victim—

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

16 necessary medical and related professional serv17 ices and devices relating to physical, psychiatric,

18 and psychological care, including nonmedical

19 care and treatment rendered in accordance with

20 a method of healing recognized by the law of the

21 place of treatment;

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

23 necessary physical and occupational therapy and

24 rehabilitation; and
15

•HR 665 RS

1 ‘‘(C) reimburse the victim for income lost by

2 such victim as a result of such offense;

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

4 injury that results in the death of the victim, pay an

5 amount equal to the cost of necessary funeral and re6 lated services; and

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

8 income and necessary child care, transportation, and

9 other expenses incurred during participation in the

10 investigation or prosecution of the offense or attend11 ance at proceedings related to the offense.

12 ‘‘(c)(1) This section shall apply in all sentencing pro13 ceedings for convictions of, or plea agreements relating to

14 charges for, any offense—

15 ‘‘(A) that is—

16 ‘‘(i) a crime of violence, as defined in sec17 tion 16;

18 ‘‘(ii) a felony against property under this

19 title, including any felony committed by fraud

20 or deceit;

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

22 (relating to tampering with consumer products);

23 or
16

•HR 665 RS

1 ‘‘(iv) an offense described in part D of the

2 Controlled Substances Act (21 U.S.C. 841 et

3 seq.); and

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

5 has suffered a physical injury or pecuniary loss.

6 ‘‘(2) In the case of a plea agreement that does not re7 sult in a conviction for an offense described in paragraph

8 (1), this section shall apply only if the plea specifically

9 states that an offense listed under such paragraph gave rise

10 to the plea agreement.

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

12 from facts on the record, that—

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

14 large as to make restitution impracticable; or

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

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

17 complicate or prolong the sentencing process to a de18 gree that the need to provide restitution to any victim

19 is outweighed by the burden on the sentencing process.

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

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

22 (b) CLERICAL AMENDMENT.—The analysis for chapter

23 232 of title 18, United States Code, is amended by inserting

24 immediately after the matter relating to section 3663 the

25 following:

‘‘3663A. Mandatory restitution to victims of certain crimes.’’.
17

•HR 665 RS

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

2 CRIMES.

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

4 States Code, is amended—

5 (1) in subsection (a)(1)—

6 (A) by striking ‘‘(a)(1) The court’’ and in7 serting ‘‘(a)(1)(A) The court’’;

8 (B) by inserting ‘‘other than an offense de9 scribed in section 3663A(c),’’ after ‘‘under this

10 title or section 46312, 46502, or 46504 of title

11 49,’’;

12 (C) by inserting before the period at the end

13 the following: ‘‘, or if the victim is deceased, to

14 the victim’s estate’’; and

15 (D) by adding at the end the following new

16 subparagraph:

17 ‘‘(B) The court, in determining whether to order res18 titution under this section, shall consider the amount of the

19 loss sustained by each victim as a result of the offense, and

20 may consider the financial resources of the defendant, the

21 financial needs and earning ability of the defendant and

22 the defendant’s dependents, and such other factors as the

23 court deems appropriate. To the extent that the court deter24 mines that the complication and prolongation of the sen25 tencing process resulting from the fashioning of an order

26 of restitution under this section outweighs the need to pro-
18

•HR 665 RS

1 vide restitution to any victims, the court may decline to

2 make such an order.’’;

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

4 (3) by adding at the end the following new sub5 section:

6 ‘‘(c) An order of restitution made pursuant to this sec7 tion shall be issued and enforced in accordance with section

8 3664.’’.

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

10 States Code, is amended—

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

12 after ‘‘3663’’;

13 (2) in subsection (b)—

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

15 follows:

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

17 under this section shall direct the defendant to pay to

18 the victim (through the appropriate court mechanism)

19 the full amount of the victim’s losses as determined by

20 the court pursuant to paragraph (2).’’;

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

22 follows:

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

24 under this section shall be issued and enforced in ac-
19

•HR 665 RS

1 cordance with section 3664 in the same manner as an

2 order under section 3663A.’’;

3 (C) in paragraph (4), by striking subpara4 graphs (C) and (D); and

5 (D) by striking paragraphs (5) through

6 (10);

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

8 (4) by redesignating subsection (f) as subsection

9 (c).

10 (c) SEXUAL EXPLOITATION AND OTHER ABUSE OF

11 CHILDREN.—Section 2259 of title 18, United States Code,

12 is amended—

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

14 after ‘‘3663’’;

15 (2) in subsection (b)—

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

17 follows:

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

19 under this section shall direct the defendant to pay

20 the victim (through the appropriate court mechanism)

21 the full amount of the victim’s losses as determined by

22 the court pursuant to paragraph (2).’’;

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

24 follows:
20

•HR 665 RS

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

2 under this section shall be issued and enforced in ac3 cordance with section 3664 in the same manner as an

4 order under section 3663A.’’;

5 (C) in paragraph (4), by striking subpara6 graphs (C) and (D); and

7 (D) by striking paragraphs (5) through

8 (10);

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

10 (4) by redesignating subsection (f) as subsection

11 (e).

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

13 United States Code, is amended—

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

15 after ‘‘3663’’;

16 (2) in subsection (b)—

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

18 follows:

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

20 under this section shall direct the defendant to pay

21 the victim (through the appropriate court mechanism)

22 the full amount of the victim’s losses as determined by

23 the court pursuant to paragraph (2).’’;

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

25 follows:
21

•HR 665 RS

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

2 under this section shall be issued and enforced in ac3 cordance with section 3664 in the same manner as an

4 order under section 3663A.’’;

5 (C) in paragraph (4), by striking subpara6 graphs (C) and (D); and

7 (D) by striking paragraphs (5) through

8 (10);

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

10 (4) by adding at the end the following new sub11 section (c):

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

13 the term ‘victim’ means the individual harmed as a result

14 of a commission of a crime under this chapter, including,

15 in the case of a victim who is under 18 years of age, incom16 petent, incapacitated, or deceased, the legal guardian of the

17 victim or representative of the victim’s estate, another fam18 ily member, or any other person appointed as suitable by

19 the court, but in no event shall the defendant be named as

20 such representative or guardian.’’.

21 SEC. 105. PROCEDURE FOR ISSUANCE AND ENFORCEMENT

22 OF RESTITUTION ORDER.

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

24 States Code, is amended to read as follows:
22

•HR 665 RS

1 ‘‘§ 3664. Procedure for issuance and enforcement of

2 order of restitution

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

4 shall order the probation service of the court to obtain and

5 include in its presentence report, or in a separate report,

6 as the court directs, information sufficient for the court to

7 exercise its discretion in fashioning a restitution order. The

8 report shall include, to the extent practicable, a complete

9 accounting of the losses to each victim, any restitution owed

10 pursuant to a plea agreement, and information relating to

11 the economic circumstances of each defendant.

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

13 the attorney for the Government all portions of the

14 presentence or other report pertaining to the matters de15 scribed in subsection (a) of this section.

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

17 Rule 32(c) of the Federal Rules of Criminal Procedure shall

18 be the only rules applicable to proceedings under this sec19 tion.

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

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

22 ‘‘(A)(i) the United States Attorney (or the Unit23 ed States Attorney’s delegee), after consulting with all

24 victims, shall prepare and file a statement with the

25 probation service of the court listing the amounts sub26 ject to restitution;
23

•HR 665 RS

1 ‘‘(ii) the statement shall be signed by the United

2 States Attorney (or the United States Attorney’s

3 delegee) and the victims; and

4 ‘‘(iii) if any victim objects to any of the infor5 mation included in the statement, the United States

6 Attorney (or the United States Attorney’s delegee)

7 shall advise the victim that the victim may file a sep8 arate affidavit and shall provide the victim with an

9 affidavit form which may be used to do so; and

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

11 the probation service of the court an affidavit fully

12 describing the financial resources of the defendant, in13 cluding a complete listing of all assets owned or con14 trolled by the defendant as of the date on which the

15 defendant was arrested, the financial needs and earn16 ing ability of the defendant and the defendant’s de17 pendents, and other information the court requires re18 lating to such other factors as the court deems appro19 priate.

20 ‘‘(2) If the court concludes, after reviewing the report

21 of the probation service of the court and the supporting doc22 umentation, that there is a substantial reason for doubting

23 the authenticity or veracity of the records submitted, the

24 court may require additional documentation or hear testi25 mony on those questions. The privacy of any records filed,
24

•HR 665 RS

1 or testimony heard, pursuant to this section shall be main2 tained to the greatest extent possible, and such records may

3 be filed or testimony heard in camera.

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

5 date that is 10 days prior to sentencing as provided in

6 paragraph (1), the United States Attorney (or the United

7 States Attorney’s delegee) shall so inform the court, and the

8 court shall set a date for the final determination of the vic9 tim’s losses, not to exceed 90 days after sentencing. If the

10 victim subsequently discovers further losses, the victim shall

11 have 60 days after discovery of those losses in which to peti12 tion the court for an amended restitution order. Such order

13 may be granted only upon a showing of good cause for the

14 failure to include such losses in the initial claim for

15 restitutionary relief.

16 ‘‘(4) The court may refer any issue arising in connec17 tion with a proposed order of restitution to a magistrate

18 or special master for proposed findings of fact and rec19 ommendations as to disposition, subject to a de novo deter20 mination of the issue by the court.

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

22 restitution shall be resolved by the court by the preponder23 ance of the evidence. The burden of demonstrating the

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

25 offense shall be on the attorney for the Government. The
25

•HR 665 RS

1 burden of demonstrating the financial resources of the de2 fendant and the financial needs of the defendant and such

3 defendant’s dependents shall be on the defendant. The bur4 den of demonstrating such other matters as the court deems

5 appropriate shall be upon the party designated by the court

6 as justice requires.

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

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

9 victim’s losses as determined by the court and without con10 sideration of the economic circumstances of the defendant.

11 ‘‘(B) Subject to subsection (k), subparagraph (A) shall

12 not apply if—

13 ‘‘(i) the court finds from facts on the record that

14 the economic circumstances of the defendant do not

15 allow the payment of any amount of a restitution

16 order, and do not allow for the payment of the full

17 amount of a restitution order in the foreseeable future

18 under any reasonable schedule of payments; and

19 ‘‘(ii) the court enters in its order the full amount

20 of each victim’s losses and provides a full restitution

21 award with nominal periodic payments.

22 ‘‘(C) In no case shall the fact that a victim has received

23 or is entitled to receive compensation with respect to a loss

24 from insurance or any other source be considered in deter25 mining the amount of restitution.
26

•HR 665 RS

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

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

3 3572, specify in the restitution order the manner in which

4 and the schedule according to which the restitution is to

5 be paid, in consideration of—

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

7 the defendant, including whether any of these assets

8 are jointly controlled;

9 ‘‘(B) projected earnings and other income of the

10 defendant; and

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

12 including obligations to dependents.

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

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

15 specified intervals, in-kind payments, or a combination of

16 payments at specified intervals and in-kind payments.

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

18 may be in the form of—

19 ‘‘(A) return of property;

20 ‘‘(B) replacement of property; or

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

22 victim or a person or organization other than the vic23 tim.

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

25 any phase of a restitution order. If a victim declines to re-
27

•HR 665 RS

1 ceive restitution made mandatory by this title, the court

2 shall order that the victim’s share of any restitution owed

3 be deposited in the Crime Victims Fund in the Treasury.

4 In the case of in-kind restitution ordered pursuant to sub5 section (f)(1)(B) or (f)(3), the court shall order that restitu6 tion be made to the State crime victim compensation pro7 gram in the State in which the victim resides.

8 ‘‘(2) A victim may at any time assign the victim’s in9 terest in restitution payments to the Crime Victims Fund

10 in the Treasury without in any way impairing the obliga11 tion of the defendant to make such payments.

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

13 contributed to the loss of a victim, the court may make each

14 defendant liable for payment of the full amount of restitu15 tion or may apportion liability among the defendants to

16 reflect the level of contribution to the victim’s loss and eco17 nomic circumstances of each defendant.

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

19 sustained a loss requiring restitution by a defendant, the

20 court may provide for different payment schedules to reflect

21 the economic circumstances of each victim. In any case in

22 which the United States is a victim, the court shall ensure

23 that all individual victims receive full restitution before the

24 United States receives any restitution.
28

•HR 665 RS

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

2 compensation with respect to a loss from insurance or any

3 other source, the court shall order that restitution shall be

4 paid to the person who provided or is obligated to provide

5 the compensation, but the restitution order shall provide

6 that all restitution of victims required by the order be paid

7 to the victims before any restitution is paid to such a pro8 vider of compensation.

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

10 restitution shall be reduced by any amount later recovered

11 as compensatory damages for the same loss by the victim

12 in—

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

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

15 provided by the law of the State.

16 ‘‘(k) A restitution order shall provide the following:

17 ‘‘(1) That the entry, collection, and enforcement

18 of an order of restitution shall be governed by the pro19 visions of this section, subchapter C of chapter 227,

20 and subchapter B of chapter 229.

21 ‘‘(2) That the defendant shall notify the court

22 and the Attorney General of any material change in

23 the defendant’s economic circumstances that might af24 fect the defendant’s ability to pay restitution. The At25 torney General shall certify to the court that the vic-
29

•HR 665 RS

1 tim or victims owed restitution by the defendant have

2 been notified of the change in circumstances. Upon re3 ceipt of the notification, the court may, on its own

4 motion, or the motion of any party, including the vic5 tim, adjust the payment schedule, or require imme6 diate payment in full, as the interests of justice re7 quire.

8 ‘‘(l)(1) An order of restitution shall be enforced by the

9 United States in the manner provided for in subchapter C

10 of chapter 227 and subchapter B of chapter 229 of this title,

11 and may be enforced by a victim named in the order to

12 receive the restitution, in the same manner as a judgment

13 in a civil action.

14 ‘‘(2) An order of in-kind restitution in the form of serv15 ices shall be enforced by the probation service of the court.

16 ‘‘(m) If a person obligated to provide restitution re17 ceives substantial resources from any source, including in18 heritance, settlement, or other judgment, during a period

19 of incarceration, such person shall be required to apply the

20 value of such resources to any restitution still owed.’’.

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

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

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

‘‘3664. Procedure for issuance and enforcement of order of restitution.’’.
30

•HR 665 RS

1 SEC. 106. PROCEDURE.

2 (a) AMENDMENT OF FEDERAL RULES OF CRIMINAL

3 PROCEDURE.—Rule 32(b) of the Federal Rules of Criminal

4 Procedure is amended—

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

6 following: ‘‘Notwithstanding the preceding sentence, a

7 presentence investigation and report, or other report

8 containing information sufficient for the court to

9 enter an order of restitution, as the court directs,

10 shall be required in any case in which restitution is

11 required to be ordered.’’; and

12 (2) in paragraph (4)—

13 (A) by redesignating subparagraphs (F)

14 and (G) as subparagraphs (G) and (H), respec15 tively; and

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

17 the following new subparagraph:

18 ‘‘(F) in appropriate cases, information suf19 ficient for the court to enter an order of restitu20 tion;’’.

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

22 Code, is amended—

23 (1) in subsection (b) by inserting ‘‘other than the

24 United States,’’ after ‘‘offense,’’;

25 (2) in subsection (d)—
31

•HR 665 RS

1 (A) in the first sentence, by striking ‘‘A per2 son sentenced to pay a fine or other monetary

3 penalty’’ and inserting ‘‘(1) A person sentenced

4 to pay a fine or other monetary penalty, includ5 ing restitution,’’;

6 (B) by striking the third sentence; and

7 (C) by adding at the end the following:

8 ‘‘(2) If the judgment, or, in the case of a restitution

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

10 the length of time over which scheduled payments will be

11 made shall be set by the court, but shall be the shortest time

12 in which full payment can reasonably be made.

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

14 in installments shall include a requirement that the defend15 ant will notify the court of any material change in the de16 fendant’s economic circumstances that might affect the de17 fendant’s ability to pay the fine. Upon receipt of such notice

18 the court may, on its own motion or the motion of any

19 party, adjust the payment schedule, or require immediate

20 payment in full, as the interests of justice require.’’;

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

22 after ‘‘special assessment,’’;

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

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

25 (5) in subsection (i)—
32

•HR 665 RS

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

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

3 (B) by amending the second sentence to

4 read as follows: ‘‘Notwithstanding any install5 ment schedule, when a fine or payment of res6 titution is in default, the entire amount of the

7 fine or restitution is due within 30 days after

8 notification of the default, subject to the provi9 sions of section 3616A.’’.

10 (c) POSTSENTENCE ADMINISTRATION.—

11 (1) PAYMENT OF A FINE OR RESTITUTION.—Sec12 tion 3611 of title 18, United States Code, is amend13 ed—

14 (A) by amending the heading to read as fol15 lows:

16 ‘‘§ 3611. Payment of a fine or restitution’’;

17 (B) by striking ‘‘or assessment shall pay the

18 fine or assessment’’ and inserting ‘‘, assessment,

19 or restitution, shall pay the fine, assessment, or

20 restitution’’; and

21 (C) by adding at the end the following: ‘‘In

22 the case of restitution, the victim may request

23 that payment be made directly to the victim or

24 the victim’s designee.’’.
33

•HR 665 RS

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

2 United States, is amended—

3 (A) by amending the heading to read as fol4 lows:

5 ‘‘§ 3612. Collection of unpaid fine or restitution’’;

6 (B) in subsection (b)(1)—

7 (i) in the matter preceding subpara8 graph (A), by inserting ‘‘or restitution

9 order’’ after ‘‘fine’’;

10 (ii) in subparagraph (C), by inserting

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

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

13 ‘‘and’’;

14 (iv) in subparagraph (F)—

15 (I) by inserting ‘‘or restitution

16 order’’ after ‘‘fine’’; and

17 (II) by inserting ‘‘and’’ at the

18 end; and

19 (v) by adding at the end the following

20 new subparagraph:

21 ‘‘(G) in the case of a restitution order, in22 formation sufficient to identify each victim to

23 whom restitution is owed. It shall be the respon24 sibility of each victim to notify the Attorney

25 General, by means of a form to be provided by
34

•HR 665 RS

1 the Attorney General, of any change in the vic2 tim’s mailing address while restitution is still

3 owed the victim.’’;

4 (C) in subsection (c)—

5 (i) in the first sentence, by inserting

6 ‘‘or restitution’’ after ‘‘fine’’;

7 (ii) by inserting between the first and

8 second sentences the following: ‘‘In the case

9 of restitution, the Attorney General shall en10 sure that payments are transferred to the

11 victim.’’; and

12 (iii) by adding at the end the follow13 ing: ‘‘Any money received from a defendant

14 shall be disbursed so that each of the follow15 ing obligations is paid in full in the follow16 ing sequence:

17 ‘‘(1) A penalty assessment under section 3013 of

18 title 18, United States Code.

19 ‘‘(2) Restitution of all victims.

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

21 payments required under the sentence.’’;

22 (D) in subsection (d)—

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

24 ‘‘fine’’; and
35

•HR 665 RS

1 (ii) by striking ‘‘is delinquent, to in2 form him that the fine is delinquent’’ and

3 inserting ‘‘or restitution is delinquent, to

4 inform the person of the delinquency’’;

5 (E) in subsection (e)—

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

7 ‘‘fine’’; and

8 (ii) by striking ‘‘him that the fine is in

9 default’’ and inserting ‘‘the person that the

10 fine or restitution is in default’’;

11 (F) in subsection (f)—

12 (i) in the heading, by inserting ‘‘and

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

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

15 restitution’’ after ‘‘any fine’’;

16 (G) in subsection (g), by inserting ‘‘or res17 titution’’ after ‘‘fine’’ each place it appears; and

18 (H) in subsection (i), by inserting ‘‘and res19 titution’’ after ‘‘fines’’.

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

21 United States Code, is amended—

22 (A) in the heading, by inserting ‘‘or restitu23 tion’’ after ‘‘fine’’;

24 (B) in subsection (a)—
36

•HR 665 RS

1 (i) by striking ‘‘A fine’’ and inserting

2 the following:

3 ‘‘(1) FINES.—A fine’’;

4 (ii) by redesignating paragraphs (1)

5 and (2) as subparagraphs (A) and (B), re6 spectively, and indenting accordingly; and

7 (iii) by adding at the end the following

8 new paragraph:

9 ‘‘(2) RESTITUTION.—(A) An order of restitution

10 shall operate as a lien in favor of the United States

11 and crime victims against all property belonging to

12 the defendant or defendants. The lien shall arise at

13 the time of the entry of judgment or order and shall

14 continue until the liability is satisfied, remitted, or

15 set aside, or until it becomes otherwise unenforceable.

16 Such lien shall apply against all property and prop17 erty interests owned by the defendants at the time of

18 arrest as well as all property subsequently acquired

19 by the defendant or defendants.

20 ‘‘(B)(i) In a case in which some or all of the vic21 tims are not ascertainable at the time the restitution

22 order is issued, the lien shall be entered in the name

23 of all ascertained victims, if any, and the United

24 States in behalf of the unascertained victims.
37

•HR 665 RS

1 ‘‘(ii) If the court determines that all victims have

2 been ascertained, no lien interest shall arise in favor

3 of the United States, unless a person entitled to res4 titution chooses not to participate in the restitution

5 program.

6 ‘‘(iii) In a case in which persons entitled to res7 titution cannot assert their interests in the lien for

8 any reason, a lien shall arise in favor of the United

9 States acting in behalf of such persons.

10 ‘‘(iv) In any action to enforce a restitution lien

11 in which there is more than one lienholder for the

12 subject property—

13 ‘‘(I) the lienholder seeking to enforce the lien

14 must notify all other lienholders; and

15 ‘‘(II) the court shall make a determination,

16 in the interest of justice, of the equitable dis17 tribution of the property subject to the lien.

18 ‘‘(3) JOINTLY HELD PROPERTY.—If property

19 subject to a lien pursuant to this subsection is held

20 jointly by the defendant and a third party or parties,

21 the court shall make a determination, in the interest

22 of justice, as to—

23 ‘‘(A) the enforceability of the lien; and

24 ‘‘(B) the proper distribution of the prop25 erty.’’;
38

•HR 665 RS

1 (C) in subsection (b)—

2 (i) by amending paragraph (1) to read

3 as follows:

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

5 judgment or 20 years after the release from imprison6 ment of the person fined or ordered to pay restitution;

7 or’’;

8 (ii) in paragraph (2), by inserting ‘‘or

9 ordered to pay restitution’’ before the period

10 at the end; and

11 (iii) in the second sentence, by insert12 ing ‘‘or ordered to pay restitution’’ after

13 ‘‘person fined’’;

14 (D) in subsection (c)—

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

16 ‘‘to a fine’’;

17 (ii) by inserting ‘‘or ordered to pay

18 restitution’’ after ‘‘fined’’; and

19 (iii) by striking ‘‘ ‘fine’ ’’ and insert20 ing ‘‘ ‘fine or restitution’ ’’;

21 (E) in subsection (d), by inserting ‘‘or res22 titution’’ after ‘‘fine’’; and

23 (F) in subsection (e)—

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

25 ‘‘fine’’;
39

•HR 665 RS

1 (ii) by inserting ‘‘or ordered to pay

2 restitution’’ after ‘‘fined’’; and

3 (iii) by striking ‘‘but in no event’’ and

4 all that follows through the end of the sub5 section and inserting a period.

6 (4) HEARING.—Chapter 229 of title 18, United

7 States Code, is amended by inserting after section

8 3613 the following new section:

9 ‘‘§ 3613A. Hearing for delinquency

10 ‘‘(a)(1) When a fine or payment of restitution is 60

11 or more days delinquent, or in default, the court shall, upon

12 the motion of the United States or of any victim named

13 in the order to receive restitution, schedule a hearing to con14 sider the delinquency or default. Upon a finding that the

15 defendant is 60 or more days delinquent in payment, or

16 in default, of a fine or restitution, the court may, pursuant

17 to section 3565, revoke probation or a term of supervised

18 release or modify the terms or conditions of probation on

19 a term of supervised release, resentence a defendant pursu20 ant to section 3614, hold the defendant in contempt of court,

21 enter a restraining order or injunction, order the sale of

22 property of the defendant, accept a performance bond, enter

23 or adjust a payment schedule, or take any other action nec24 essary to obtain compliance with the order of a fine or res25 titution.
40

•HR 665 RS

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

2 shall consider the defendant’s employment status, earning

3 ability, financial resources, the willfulness in failing to

4 comply with the restitution order, and any other cir5 cumstances that may have a bearing on the defendant’s

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

7 ‘‘(b)(1) A hearing under this subsection may be con8 ducted by a magistrate judge, subject to de novo review by

9 the court.

10 ‘‘(2) To the extent practicable, in a hearing under this

11 section involving a defendant who is confined in any jail,

12 prison, or other correctional facility, proceedings in which

13 the prisoner’s participation is required or permitted shall

14 be conducted by telephone, video conference, or other com15 munications technology without removing the prisoner from

16 the facility in which the prisoner is confined.

17 ‘‘(3) Subject to the agreement of the official of the Fed18 eral, State, or local unit of government with custody over

19 the prisoner, hearings may be conducted at the facility in

20 which the prisoner is confined. To the extent practicable,

21 the court shall allow counsel to participate by telephone,

22 video conference, or other communications technology in

23 any hearing held at the facility.’’.

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

25 United States Code, is amended—
41

•HR 665 RS

1 (A) in the heading, by inserting ‘‘or restitu2 tion’’ after ‘‘fine’’;

3 (B) in subsection (a), by inserting ‘‘or res4 titution’’ after ‘‘fine’’;

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

6 subsection:

7 ‘‘(c) EFFECT OF INDIGENCY.—In no event shall a de8 fendant be incarcerated under this section solely on the

9 basis of inability to make payments because the defendant

10 is indigent.’’.

11 (d) CONFORMING AMENDMENT.—The analysis for sub12 chapter B of chapter 229 of title 18, United States Code,

13 is amended to read as follows:

‘‘Sec.

‘‘3611. Payment of a fine or restitution.

‘‘3612. Collection of an unpaid fine or restitution.

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

‘‘3613A. Hearing for delinquency.

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

‘‘3615. Criminal default.

14 SEC. 107. JUVENILE DELINQUENCY; DISPOSITIONAL HEAR15 ING.

16 Section 5037 of title 18, United States Code, is amend17 ed—

18 (1) by redesignating subsection (d) as subsection

19 (e); and

20 (2) by inserting immediately after subsection (c),

21 the following new subsection:
42

•HR 665 RS

1 ‘‘(d) If a juvenile has been adjudicated delinquent for

2 an offense that would have been an offense described in sec3 tion 3663A, 2248, 2259, or 2264 if the juvenile had been

4 tried and convicted as an adult, the restitution provisions

5 of such sections shall apply.’’.

6 SEC. 108. INSTRUCTION TO SENTENCING COMMISSION.

7 Pursuant to section 994 of title 28, United States Code,

8 the United States Sentencing Commission shall promulgate

9 guidelines or amend existing guidelines to reflect this Act

10 and the amendments made by this Act.

11 SEC. 109. JUSTICE DEPARTMENT REGULATIONS.

12 Not later than 90 days after the date of enactment of

13 this Act, the Attorney General shall promulgate guidelines,

14 or amend existing guidelines, to carry out this Act and to

15 ensure that—

16 (1) in all plea agreements negotiated by the

17 United States, consideration is given to requesting

18 that the defendant provide full restitution to all vic19 tims of all charges contained in the indictment or in20 formation, without regard to the counts to which the

21 defendant actually pleaded; and

22 (2) orders of restitution made pursuant to the

23 amendments made by this Act are enforced to the full24 est extent of the law.
43

•HR 665 RS

1 SEC. 110. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.

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

3 amended—

4 (1) in subparagraph (A), by striking ‘‘$50’’ and

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

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

7 inserting ‘‘not less than $400’’.

8 SEC. 111. CRIME VICTIMS FUND.

9 (a) PROHIBITION OF PAYMENTS TO DELINQUENT

10 CRIMINAL DEBTORS BY STATE CRIME VICTIM COMPENSA11 TION PROGRAMS.—

12 (1) IN GENERAL.—Section 1403(b) of the Victims

13 of Crime Act of 1984 (42 U.S.C. 10602(b)) is amend14 ed—

15 (A) by striking ‘‘and’’ at the end of para16 graph (7);

17 (B) by redesignating paragraph (8) as

18 paragraph (9); and

19 (C) by inserting after paragraph (7) the fol20 lowing new paragraph:

21 ‘‘(8) such program does not provide compensa22 tion to any person who has been convicted of an of23 fense under Federal law with respect to any time pe24 riod during which the person is delinquent in paying

25 a fine or other monetary penalty imposed for the of26 fense; and’’.
44

•HR 665 RS

1 (2) APPLICATION OF AMENDMENT.—The amend2 ment made by paragraph (1) shall not be applied to

3 deny victims compensation to any person until the

4 date on which the Attorney General, in consultation

5 with the Director of the Administrative Office of the

6 United States Courts, issues a written determination

7 that a cost-effective, readily available criminal debt

8 payment tracking system operated by the agency re9 sponsible for the collection of criminal debt has estab10 lished cost-effective, readily available communications

11 links with entities that administer Federal victims

12 compensation programs that are sufficient to ensure

13 that victims compensation is not denied to any per14 son except as authorized by law.

15 (b) EXCLUSION FROM INCOME FOR PURPOSES OF

16 MEANS TESTS.—Section 1403 of the Victims of Crime Act

17 of 1984 (42 U.S.C. 10602) is amended by inserting after

18 subsection (b) the following new subsection:

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

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

21 purpose of any maximum allowed income eligibility re22 quirement in any Federal, State, or local government pro23 gram using Federal funds that provides medical or other

24 assistance (or payment or reimbursement of the cost of such

25 assistance) that becomes necessary to an applicant for such
45

•HR 665 RS

1 assistance in full or in part because of the commission of

2 a crime against the applicant, as determined by the Direc3 tor, any amount of crime victim compensation that the ap4 plicant receives through a crime victim compensation pro5 gram under this section shall not be included in the income

6 of the applicant until the total amount of assistance that

7 the applicant receives from all such programs is sufficient

8 to fully compensate the applicant for losses suffered as a

9 result of the crime.’’.

10 SEC. 112. VICTIMS OF TERRORISM ACT.

11 (a) AUTHORITY TO PROVIDE ASSISTANCE AND COM12 PENSATION TO VICTIMS OF TERRORISM.—The Victims of

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

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

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

16 OF TERRORISM OR MASS VIOLENCE.

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

18 UNITED STATES.—The Director may make supplemental

19 grants to States to provide compensation and assistance to

20 the residents of such States who, while outside the territorial

21 boundaries of the United States, are victims of a terrorist

22 act or mass violence and are not persons eligible for com23 pensation under title VIII of the Omnibus Diplomatic Secu24 rity and Antiterrorism Act of 1986.
46

•HR 665 RS

1 ‘‘(b) VICTIMS OF DOMESTIC TERRORISM.—The Direc2 tor may make supplemental grants to States for eligible

3 crime victim compensation and assistance programs to pro4 vide emergency relief, including crisis response efforts, as5 sistance, training, and technical assistance, for the benefit

6 of victims of terrorist acts or mass violence occurring within

7 the United States and may provide funding to United

8 States Attorney’s Offices for use in coordination with State

9 victims compensation and assistance efforts in providing

10 emergency relief.’’.

11 (b) FUNDING OF COMPENSATION AND ASSISTANCE TO

12 VICTIMS OF TERRORISM, MASS VIOLENCE, AND CRIME.—

13 Section 1402(d)(4) of the Victims of Crime Act of 1984 (42

14 U.S.C. 10601(d)(4)) is amended to read as follows:

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

16 sufficient to fully provide grants to the States pursu17 ant to section 1403(a)(1), the Director may retain

18 any portion of the Fund that was deposited during a

19 fiscal year that was in excess of 110 percent of the

20 total amount deposited in the Fund during the pre21 ceding fiscal year as an emergency reserve. Such re22 serve shall not exceed $50,000,000.

23 ‘‘(B) The emergency reserve may be used for sup24 plemental grants under section 1404B and to supple25 ment the funds available to provide grants to States
47

•HR 665 RS

1 for compensation and assistance in accordance with

2 sections 1403 and 1404 in years in which supple3 mental grants are needed.’’.

4 (c) CRIME VICTIMS FUND AMENDMENTS.—

5 (1) UNOBLIGATED FUNDS.—Section 1402 of the

6 Victims of Crime Act of 1984 (42 U.S.C. 10601) is

7 amended—

8 (A) in subsection (c), by striking ‘‘sub9 section’’ and inserting ‘‘chapter’’; and

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

11 follows:

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

13 amount awarded as part of a grant under this chapter that

14 remains unspent at the end of a fiscal year in which the

15 grant is made may be expended for the purpose for which

16 the grant is made at any time during the 2 succeeding fiscal

17 years, at the end of which period, any remaining unobli18 gated sums shall be returned to the Fund.’’.

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

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

21 follows:

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

23 amount’ means—

24 ‘‘(A) except as provided in subparagraph

25 (B), $500,000; and
48

•HR 665 RS

1 ‘‘(B) for the territories of the Northern Mar2 iana Islands, Guam, American Samoa, and

3 Palau, $200,000.’’.

4 SEC. 113. EFFECTIVE DATE.

5 The amendments made by this title shall be effective

6 for sentencing proceedings in cases in which the defendant

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

8 TITLE II—MISCELLANEOUS

9 PROVISIONS

10 SEC. 201. SEVERABILITY.

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

12 this Act, or the application of such provision or amendment

13 to any person or circumstance is held to be unconstitu14 tional, the remainder of this Act, the amendments made by

15 this Act, and the application of the provisions of such to

16 any person or circumstance shall not be affected thereby.

17 SEC. 202. STUDY AND REPORT.

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

19 with the Director of the Administrative Office of the United

20 States Courts, shall conduct a study of the funds paid out

21 of the Crime Victims Fund and the impact that the amend22 ments made by this Act have on funds available in the

23 Crime Victims Fund, including an assessment of any reduc24 tion or increase in fines collected and deposited into the
49

•HR 665 RS

1 Fund directly attributable to the amendments made by this

2 Act.

3 (b) REPORT.—The Attorney General and the Director

4 of the Administrative Office of the United States Courts

5 shall report the findings of the study to the Chairman and

6 ranking Member of the Committees on the Judiciary of the

7 Senate and House of Representatives not later than 4 years

8 after the date of enactment of this Act, together with their

9 recommendations.

Amend the title so as to read: ‘‘An Act entitled the

Victims Justice Act of 1995’’.

Passed the House of Representatives February 7,

1995.

Attest: ROBIN H. CARLE,

Clerk.

HR 665 RS——2

HR 665 RS——3

HR 665 RS——4