In the Senate of the United States,

December 22, 1995.

Resolved, That the bill from the House of Representatives (H.R. 665) entitled ‘‘An Act to control crime by mandatory victim restitution’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

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

3 1995’’.

4 SEC. 2. TABLE OF CONTENTS.

5 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. Instruction to Sentencing Commission.

Sec. 108. Justice Department regulations.

Sec. 109. Special assessments on convicted persons.

Sec. 110. Effective date.
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TITLE II—MISCELLANEOUS PROVISIONS

Sec. 201. Crime victims fund.

Sec. 202. Victims of terrorism act.

Sec. 203. Severability.

Sec. 204. Study and report.

1 TITLE I—RESTITUTION

2 SEC. 101. ORDER OF RESTITUTION.

3 Section 3556 of title 18, United States Code, is amend4 ed—

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

6 and

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

8 inserting ‘‘3663A, and may order restitution in ac9 cordance with section 3663. The procedures under sec10 tion 3664 shall apply to all orders of restitution

11 under this section.’’.

12 SEC. 102. CONDITIONS OF PROBATION.

13 Section 3563 of title 18, United States Code, is amend14 ed—

15 (1) in subsection (a)—

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

17 the end;

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

19 conditions of probation for a domestic crime of

20 violence), by striking the period and inserting a

21 semicolon;
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1 (C) by redesignating the second paragraph

2 (4) (relating to conditions of probation concern3 ing drug use and testing) as paragraph (5);

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

5 striking the period at the end and inserting a

6 semicolon; and

7 (E) by inserting after paragraph (5), as re8 designated, the following new paragraphs:

9 ‘‘(6) that the defendant—

10 ‘‘(A) make restitution in accordance with

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

12 and 3664; and

13 ‘‘(B) pay the assessment imposed in accord14 ance with section 3013; and

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

16 any material change in the defendant’s economic cir17 cumstances that might affect the defendant’s ability to

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

19 (2) in subsection (b)—

20 (A) by striking paragraph (2);

21 (B) by redesignating paragraphs (3)

22 through (22) as paragraphs (2) through (21), re23 spectively; and

24 (C) by amending paragraph (2), as redesig25 nated, to read as follows:
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1 ‘‘(2) make restitution to a victim of the offense

2 under section 3556 (but not subject to the limitation

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

4 SEC. 103. MANDATORY RESTITUTION.

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

6 States Code, is amended by inserting immediately after sec7 tion 3663 the following new section:

8 ‘‘§ 3663A. Mandatory restitution to victims of certain

9 crimes

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

11 when sentencing a defendant convicted of an offense de12 scribed in subsection (c), the court shall order, in addition

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

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

15 is deceased, to the victim’s estate.

16 ‘‘(2) For the purposes of this section, the term ‘victim’

17 means a person directly and proximately harmed as a re18 sult of the commission of an offense for which restitution

19 may be ordered including, in the case of an offense that

20 involves as an element a scheme, conspiracy, or pattern of

21 criminal activity, any person directly harmed by the de22 fendant’s criminal conduct in the course of the scheme, con23 spiracy, or pattern. In the case of a victim who is under

24 18 years of age, incompetent, incapacitated, or deceased, the

25 legal guardian of the victim or representative of the victim’s
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1 estate, another family member, or any other person ap2 pointed as suitable by the court, may assume the victim’s

3 rights under this section, but in no event shall the defendant

4 be named as such representative or guardian.

5 ‘‘(3) The court shall also order, if agreed to by the par6 ties in a plea agreement, restitution to persons other than

7 the victim of the offense.

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

9 defendant—

10 ‘‘(1) in the case of an offense resulting in dam11 age to or loss or destruction of property of a victim

12 of the offense—

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

14 property or someone designated by the owner; or

15 ‘‘(B) if return of the property under sub16 paragraph (A) is impossible, impracticable, or

17 inadequate, pay an amount equal to—

18 ‘‘(i) the greater of—

19 ‘‘(I) the value of the property on

20 the date of the damage, loss, or destruc21 tion; or

22 ‘‘(II) the value of the property on

23 the date of sentencing, less
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1 ‘‘(ii) the value (as of the date the prop2 erty is returned) of any part of the property

3 that is returned;

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

5 injury to a victim—

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

7 necessary medical and related professional serv8 ices and devices relating to physical, psychiatric,

9 and psychological care, including nonmedical

10 care and treatment rendered in accordance with

11 a method of healing recognized by the law of the

12 place of treatment;

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

14 necessary physical and occupational therapy and

15 rehabilitation; and

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

17 such victim as a result of such offense;

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

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

20 amount equal to the cost of necessary funeral and re21 lated services; and

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

23 income and necessary child care, transportation, and

24 other expenses incurred during participation in the
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1 investigation or prosecution of the offense or attend2 ance at proceedings related to the offense.

3 ‘‘(c)(1) This section shall apply in all sentencing pro4 ceedings for convictions of, or plea agreements relating to

5 charges for, any offense—

6 ‘‘(A) that is—

7 ‘‘(i) a crime of violence, as defined in sec8 tion 16;

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

10 title, including any offense committed by fraud

11 or deceit; or

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

13 (relating to tampering with consumer products);

14 and

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

16 has suffered a physical injury or pecuniary loss.

17 ‘‘(2) In the case of a plea agreement that does not re18 sult in a conviction for an offense described in paragraph

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

20 states that an offense listed under such paragraph gave rise

21 to the plea agreement.

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

23 from facts on the record, that—

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

25 large as to make restitution impracticable; or
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1 ‘‘(B) determining complex issues of fact related

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

3 complicate or prolong the sentencing process to a de4 gree that the need to provide restitution to any victim

5 is outweighed by the burden on the sentencing process.

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

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

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

9 232 of title 18, United States Code, is amended by inserting

10 immediately after the matter relating to section 3663 the

11 following:

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

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

13 CRIMES.

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

15 States Code, is amended—

16 (1) in subsection (a)(1)—

17 (A) by striking ‘‘(a)(1) The court’’ and in18 serting ‘‘(a)(1)(A) The court’’;

19 (B) by inserting ‘‘, section 401, 408(a), 409,

20 416, 420, or 422(a) of the Controlled Substances

21 Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863)

22 (but in no case shall a participant in an offense

23 under such sections be considered a victim of

24 such offense under this section),’’ before ‘‘or sec25 tion 46312,’’;
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1 (C) by inserting ‘‘other than an offense de2 scribed in section 3663A(c),’’ after ‘‘title 49,’’;

3 (D) by inserting before the period at the end

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

5 the victim’s estate’’;

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

7 subparagraph:

8 ‘‘(B)(i) The court, in determining whether to order res9 titution under this section, shall consider—

10 ‘‘(I) the amount of the loss sustained by each vic11 tim as a result of the offense; and

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

13 financial needs and earning ability of the defendant

14 and the defendant’s dependents, and such other factors

15 as the court deems appropriate.

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

17 complication and prolongation of the sentencing process re18 sulting from the fashioning of an order of restitution under

19 this section outweighs the need to provide restitution to any

20 victims, the court may decline to make such an order.’’; and

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

22 follows:

23 ‘‘(2) For the purposes of this section, the term ‘victim’

24 means a person directly and proximately harmed as a re25 sult of the commission of an offense for which restitution
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1 may be ordered including, in the case of an offense that

2 involves as an element a scheme, conspiracy, or pattern of

3 criminal activity, any person directly harmed by the de4 fendant’s criminal conduct in the course of the scheme, con5 spiracy, or pattern. In the case of a victim who is under

6 18 years of age, incompetent, incapacitated, or deceased, the

7 legal guardian of the victim or representative of the victim’s

8 estate, another family member, or any other person ap9 pointed as suitable by the court, may assume the victim’s

10 rights under this section, but in no event shall the defendant

11 be named as such representative or guardian.’’;

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

13 (3) by adding at the end the following new sub14 sections:

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

16 (but subject to the provisions of subsections (a)(1)(B) (i)(II)

17 and (ii), when sentencing a defendant convicted of an of18 fense described in section 401, 408(a), 409, 416, 420, or

19 422(a) of the Controlled Substances Act (21 U.S.C. 841,

20 848(a), 849, 856, 861, 863), in which there is no identifiable

21 victim, the court may order that the defendant make restitu22 tion in accordance with this subsection.

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

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

25 offense, as determined by the court in accordance with
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1 guidelines promulgated by the United States Sentencing

2 Commission.

3 ‘‘(B) In no case shall the amount of restitution ordered

4 under this subsection exceed the amount of the fine ordered

5 for the offense charged in the case.

6 ‘‘(3) Restitution under this subsection shall be distrib7 uted as follows:

8 ‘‘(A) 65 percent of the total amount of restitution

9 shall be paid to the Victim Assistance Administration

10 of the State in which the crime occurred.

11 ‘‘(B) 35 percent of the total amount of restitu12 tion shall be paid to the State entity designated to re13 ceive Federal substance abuse block grant funds.

14 ‘‘(4) The court shall not make an award under this

15 subsection if it appears likely that such award would inter16 fere with a forfeiture under section 981 or 982.

17 ‘‘(5) Notwithstanding section 3612(c) or any other pro18 vision of law, a penalty assessment under section 3013 or

19 a fine under subchapter C of chapter 227 shall take prece20 dence over an order of restitution under this subsection.

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

22 subsection shall be considered in all plea agreements nego23 tiated by the United States.

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

25 shall promulgate guidelines to assist courts in determining
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1 the amount of restitution that may be ordered under this

2 subsection.

3 ‘‘(B) No restitution shall be ordered under this sub4 section until such time as the Sentencing Commission pro5 mulgates guidelines pursuant to this paragraph.

6 ‘‘(d) 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-
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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:
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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:
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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 (e) TELEMARKETING FRAUD.—Section 2327 of title

22 18, United States Code, is amended—

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

24 after ‘‘3663’’;

25 (2) in subsection (b)—
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1 (A) by amending paragraph (1) to read as

2 follows:

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

4 under this section shall direct the defendant to pay to

5 the victim (through the appropriate court mechanism)

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

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

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

9 follows:

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

11 under this section shall be issued and enforced in ac12 cordance with section 3664 in the same manner as an

13 order under section 3663A.’’;

14 (C) in paragraph (4), by striking subpara15 graphs (C) and (D); and

16 (D) by striking paragraphs (5) through

17 (10);

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

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

20 (c).

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:
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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. If the number

12 or identity of victims cannot be reasonably ascertained, or

13 other circumstances exist that make this requirement clearly

14 impracticable, the probation service shall so inform the

15 court.

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

17 the attorney for the Government all portions of the

18 presentence or other report pertaining to the matters de19 scribed in subsection (a) of this section.

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

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

22 be the only rules applicable to proceedings under this sec23 tion.

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

25 event, not later than 10 days prior to sentencing—
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1 ‘‘(A)(i) the attorney for the Government, after

2 consulting with all identified victims, shall promptly

3 provide the probation service of the court with a list4 ing of the amounts subject to restitution;

5 ‘‘(ii) the attorney for the Government shall pro6 vide notice to all identified victims, informing the

7 victims of the offenses of which the defendant was con8 victed, the listing of amounts subject to restitution

9 submitted to the probation service, the victim’s right

10 to submit information to the probation service con11 cerning the amount of the victim’s losses, and the

12 scheduled date, time, and place of the sentencing hear13 ing; and

14 ‘‘(iii) if any victim objects to any of the infor15 mation provided to the probation service relating to

16 the amount of the victim’s losses subject to restitution,

17 the attorney for the Government shall advise the vic18 tim that the victim may file a separate affidavit and

19 shall provide the victim with an affidavit form which

20 may be used to do so; and

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

22 the probation service of the court an affidavit fully

23 describing the financial resources of the defendant, in24 cluding a complete listing of all assets owned or con25 trolled by the defendant as of the date on which the
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1 defendant was arrested, the financial needs and earn2 ing ability of the defendant and the defendant’s de3 pendents, and other information the court requires re4 lating to such other factors as the court deems appro5 priate.

6 ‘‘(2) After reviewing the report of the probation service

7 of the court, the court may require additional documenta8 tion or hear testimony. The privacy of any records filed,

9 or testimony heard, pursuant to this section shall be main10 tained to the greatest extent possible, and such records may

11 be filed or testimony heard in camera.

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

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

14 paragraph (1), the attorney for the Government shall so in15 form the court, and the court shall set a date for the final

16 determination of the victim’s losses, not to exceed 90 days

17 after sentencing. If the victim subsequently discovers further

18 losses, the victim shall have 60 days after discovery of those

19 losses in which to petition the court for an amended restitu20 tion order. Such order may be granted only upon a showing

21 of good cause for the failure to include such losses in the

22 initial claim for restitutionary relief.

23 ‘‘(4) The court may refer any issue arising in connec24 tion with a proposed order of restitution to a magistrate

25 or special master for proposed findings of fact and rec-
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1 ommendations as to disposition, subject to a de novo deter2 mination of the issue by the court.

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

4 restitution shall be resolved by the court by the preponder5 ance of the evidence. The burden of demonstrating the

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

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

8 burden of demonstrating the financial resources of the de9 fendant and the financial needs of the defendant and such

10 defendant’s dependents shall be on the defendant. The bur11 den of demonstrating such other matters as the court deems

12 appropriate shall be upon the party designated by the court

13 as justice requires.

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

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

16 victim’s losses as determined by the court and without con17 sideration of the economic circumstances of the defendant.

18 ‘‘(B) In no case shall the fact that a victim has received

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

20 from insurance or any other source be considered in deter21 mining the amount of restitution.

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

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

24 3572, specify in the restitution order the manner in which
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1 and the schedule according to which the restitution is to

2 be paid, in consideration of—

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

4 the defendant, including whether any of these assets

5 are jointly controlled;

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

7 defendant; and

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

9 including obligations to dependents.

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

11 to make a single, lump-sum payment, partial payment at

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

13 payments at specified intervals and in-kind payments.

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

15 make nominal periodic payments if the court finds from

16 facts on the record that the economic circumstances of the

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

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

19 full amount of a restitution order in the foreseeable future

20 under any reasonable schedule of payments.

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

22 may be in the form of—

23 ‘‘(A) return of property;

24 ‘‘(B) replacement of property; or
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1 ‘‘(C) if the victim agrees, services rendered to the

2 victim or a person or organization other than the vic3 tim.

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

5 any phase of a restitution order.

6 ‘‘(2) A victim may at any time assign the victim’s in7 terest in restitution payments to the Crime Victims Fund

8 in the Treasury without in any way impairing the obliga9 tion of the defendant to make such payments.

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

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

12 defendant liable for payment of the full amount of restitu13 tion or may apportion liability among the defendants to

14 reflect the level of contribution to the victim’s loss and eco15 nomic circumstances of each defendant.

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

17 sustained a loss requiring restitution by a defendant, the

18 court may issue an order of priority based on the type and

19 amount of each victim’s loss, accounting for the economic

20 circumstances of each victim. In any case in which the

21 United States is a victim, the court shall ensure that all

22 individual victims receive full restitution before the United

23 States receives any restitution.

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

25 compensation with respect to a loss from insurance or any
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1 other source, the court shall order that restitution shall be

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

3 the compensation, but the restitution order shall provide

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

5 to the victims before any restitution is paid to such a pro6 vider of compensation.

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

8 restitution shall be reduced by any amount later recovered

9 as compensatory damages for the same loss by the victim

10 in—

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

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

13 provided by the law of the State.

14 ‘‘(k) A restitution order shall provide that the defend15 ant shall notify the court and the Attorney General of any

16 material change in the defendant’s economic circumstances

17 that might affect the defendant’s ability to pay restitution.

18 The court may also accept notification of a material change

19 in the defendant’s economic circumstances from the United

20 States or from the victim. The Attorney General shall cer21 tify to the court that the victim or victims owed restitution

22 by the defendant have been notified of the change in cir23 cumstances. Upon receipt of the notification, the court may,

24 on its own motion, or the motion of any party, including
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1 the victim, adjust the payment schedule, or require imme2 diate payment in full, as the interests of justice require.

3 ‘‘(l) A conviction of a defendant for an offense involv4 ing the act giving rise to an order of restitution shall estop

5 the defendant from denying the essential allegations of that

6 offense in any subsequent Federal civil proceeding or State

7 civil proceeding, to the extent consistent with State law,

8 brought by the victim.

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

10 by the United States in the manner provided for in sub11 chapter C of chapter 227 and subchapter B of chapter 229

12 of this title; or

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

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

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

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

17 ‘‘(2) An order of in-kind restitution in the form of serv18 ices shall be enforced by the probation service of the court.

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

20 a fine receives substantial resources from any source, in21 cluding inheritance, settlement, or other judgment, during

22 a period of incarceration, such person shall be required to

23 apply the value of such resources to any restitution or fine

24 still owed.’’.
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1 (b) TECHNICAL AMENDMENT.—The item relating to

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

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

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

4 SEC. 106. PROCEDURE.

5 (a) AMENDMENT OF FEDERAL RULES OF CRIMINAL

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

7 Procedure is amended—

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

9 following: ‘‘Notwithstanding the preceding sentence, a

10 presentence investigation and report, or other report

11 containing information sufficient for the court to

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

13 shall be required in any case in which restitution is

14 required to be ordered.’’; and

15 (2) in paragraph (4)—

16 (A) by redesignating subparagraphs (F)

17 and (G) as subparagraphs (G) and (H), respec18 tively; and

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

20 the following new subparagraph:

21 ‘‘(F) in appropriate cases, information suf22 ficient for the court to enter an order of restitu23 tion;’’.

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

25 Code, is amended—
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1 (1) in subsection (b) by inserting ‘‘other than the

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

3 (2) in subsection (d)—

4 (A) in the first sentence, by striking ‘‘A per5 son sentenced to pay a fine or other monetary

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

7 to pay a fine or other monetary penalty, includ8 ing restitution,’’;

9 (B) by striking the third sentence; and

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

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

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

13 the length of time over which scheduled payments will be

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

15 in which full payment can reasonably be made.

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

17 in installments shall include a requirement that the defend18 ant will notify the court of any material change in the de19 fendant’s economic circumstances that might affect the de20 fendant’s ability to pay the fine. Upon receipt of such notice

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

22 party, adjust the payment schedule, or require immediate

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

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

25 after ‘‘special assessment,’’;
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1 (4) in subsection (h), by inserting ‘‘or payment

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

3 (5) in subsection (i)—

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

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

6 (B) by amending the second sentence to

7 read as follows: ‘‘Notwithstanding any install8 ment schedule, when a fine or payment of res9 titution is in default, the entire amount of the

10 fine or restitution is due within 30 days after

11 notification of the default, subject to the provi12 sions of section 3613A.’’.

13 (c) POSTSENTENCE ADMINISTRATION.—

14 (1) PAYMENT OF A FINE OR RESTITUTION.—Sec15 tion 3611 of title 18, United States Code, is amend16 ed—

17 (A) by amending the heading to read as fol18 lows:

19 ‘‘§ 3611. Payment of a fine or restitution’’;

20 and

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

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

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

24 restitution’’.
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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 striking the period at the

18 end and inserting ‘‘; and’’; 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, or the appropriate entity of the court,
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1 by means of a form to be provided by the Attor2 ney General or the court, of any change in the

3 victim’s mailing address while restitution is still

4 owed the victim. The confidentiality of any in5 formation relating to a victim shall be main6 tained.’’;

7 (C) in subsection (c)—

8 (i) in the first sentence, by inserting

9 ‘‘or restitution’’ after ‘‘fine’’; and

10 (ii) by adding at the end the following:

11 ‘‘Any money received from a defendant shall

12 be disbursed so that each of the following ob13 ligations is paid in full in the following se14 quence:

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

16 title 18, United States Code.

17 ‘‘(2) Restitution of all victims.

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

19 payments required under the sentence.’’;

20 (D) in subsection (d)—

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

22 ‘‘fine’’; and

23 (ii) by striking ‘‘is delinquent, to in24 form him that the fine is delinquent’’ and
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1 inserting ‘‘or restitution is delinquent, to

2 inform the person of the delinquency’’;

3 (E) in subsection (e)—

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

5 ‘‘fine’’; and

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

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

8 fine or restitution is in default’’;

9 (F) in subsection (f)—

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

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

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

13 restitution’’ after ‘‘any fine’’;

14 (G) in subsection (g), by inserting ‘‘or res15 titution’’ after ‘‘fine’’ each place it appears; and

16 (H) in subsection (i), by inserting ‘‘and res17 titution’’ after ‘‘fines’’.

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

19 United States Code, is amended—

20 (A) in subsection (b), by amending para21 graph (1) to read as follows:

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

23 judgment or 20 years after the release from imprison24 ment of the person fined or ordered to pay restitution;

25 or’’; and
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1 (B) in subsection (e), by striking ‘‘, but in

2 no event’’ and all that follows through the end of

3 the subsection and inserting a period.

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

5 States Code, is amended by inserting after section

6 3613 the following new section:

7 ‘‘§ 3613A. Effect of default

8 ‘‘(a)(1) Upon a finding that the defendant is in default

9 on a payment of a fine or restitution, the court may, pursu10 ant to section 3565, revoke probation or a term of super11 vised release or modify the terms or conditions of probation

12 on a term of supervised release, resentence a defendant pur13 suant to section 3614, hold the defendant in contempt of

14 court, enter a restraining order or injunction, order the sale

15 of property of the defendant, accept a performance bond,

16 enter or adjust a payment schedule, or take any other action

17 necessary to obtain compliance with the order of a fine or

18 restitution.

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

20 shall consider the defendant’s employment status, earning

21 ability, financial resources, the willfulness in failing to

22 comply with the restitution order, and any other cir23 cumstances that may have a bearing on the defendant’s

24 ability to comply with the order of a fine or restitution.
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1 ‘‘(b)(1) Any hearing held pursuant to this section may

2 be conducted by a magistrate judge, subject to de novo re3 view by the court.

4 ‘‘(2) To the extent practicable, in a hearing held pursu5 ant to this section involving a defendant who is confined

6 in any jail, prison, or other correctional facility, proceed7 ings in which the prisoner’s participation is required or

8 permitted shall be conducted by telephone, video conference,

9 or other communications technology without removing the

10 prisoner from the facility in which the prisoner is confined.

11 ‘‘(3) Subject to the agreement of the official of the Fed12 eral, State, or local unit of government with custody over

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

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

15 the court shall allow counsel to participate by telephone,

16 video conference, or other communications technology in

17 any hearing held at the facility.’’.

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

19 United States Code, is amended—

20 (A) in the heading, by inserting ‘‘or restitu21 tion’’ after ‘‘fine’’;

22 (B) in subsection (a), by inserting ‘‘or res23 titution’’ after ‘‘fine’’; and

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

25 subsection:
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1 ‘‘(c) EFFECT OF INDIGENCY.—In no event shall a de2 fendant be incarcerated under this section solely on the

3 basis of inability to make payments because the defendant

4 is indigent.’’.

5 (d) CONFORMING AMENDMENT.—The analysis for sub6 chapter B of chapter 229 of title 18, United States Code,

7 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. Effect of default.

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

‘‘3615. Criminal default.’’.

8 SEC. 107. INSTRUCTION TO SENTENCING COMMISSION.

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

10 the United States Sentencing Commission shall promulgate

11 guidelines or amend existing guidelines to reflect this Act

12 and the amendments made by this Act.

13 SEC. 108. JUSTICE DEPARTMENT REGULATIONS.

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

15 this Act, the Attorney General shall promulgate guidelines,

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

17 ensure that—

18 (1) in all plea agreements negotiated by the

19 United States, consideration is given to requesting

20 that the defendant provide full restitution to all vic21 tims of all charges contained in the indictment or in-
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1 formation, without regard to the counts to which the

2 defendant actually pleaded; and

3 (2) orders of restitution made pursuant to the

4 amendments made by this Act are enforced to the full5 est extent of the law.

6 SEC. 109. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.

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

8 amended—

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

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

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

12 inserting ‘‘not less than $400’’.

13 SEC. 110. EFFECTIVE DATE.

14 The amendments made by this title shall be effective

15 for sentencing proceedings in cases in which the defendant

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

17 TITLE II—MISCELLANEOUS

18 PROVISIONS

19 SEC. 201. CRIME VICTIMS FUND.

20 (a) PROHIBITION OF PAYMENTS TO DELINQUENT

21 CRIMINAL DEBTORS BY STATE CRIME VICTIM COMPENSA22 TION PROGRAMS.—

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

24 of Crime Act of 1984 (42 U.S.C. 10602(b)) is amend25 ed—
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1 (A) by striking ‘‘and’’ at the end of para2 graph (7);

3 (B) by redesignating paragraph (8) as

4 paragraph (9); and

5 (C) by inserting after paragraph (7) the fol6 lowing new paragraph:

7 ‘‘(8) such program does not provide compensa8 tion to any person who has been convicted of an of9 fense under Federal law with respect to any time pe10 riod during which the person is delinquent in paying

11 a fine or other monetary penalty imposed for the of12 fense; and’’.

13 (2) APPLICATION OF AMENDMENT.—The amend14 ment made by paragraph (1) shall not be applied to

15 deny victims compensation to any person until the

16 date on which the Attorney General, in consultation

17 with the Director of the Administrative Office of the

18 United States Courts, issues a written determination

19 that a cost-effective, readily available criminal debt

20 payment tracking system operated by the agency re21 sponsible for the collection of criminal debt has estab22 lished cost-effective, readily available communications

23 links with entities that administer Federal victims

24 compensation programs that are sufficient to ensure
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1 that victims compensation is not denied to any per2 son except as authorized by law.

3 (b) EXCLUSION FROM INCOME FOR PURPOSES OF

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

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

6 subsection (b) the following new subsection:

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

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

9 purpose of any maximum allowed income eligibility re10 quirement in any Federal, State, or local government pro11 gram using Federal funds that provides medical or other

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

13 assistance) that becomes necessary to an applicant for such

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

15 a crime against the applicant, as determined by the Direc16 tor, any amount of crime victim compensation that the ap17 plicant receives through a crime victim compensation pro18 gram under this section shall not be included in the income

19 of the applicant until the total amount of assistance that

20 the applicant receives from all such programs is sufficient

21 to fully compensate the applicant for losses suffered as a

22 result of the crime.’’.

23 SEC. 202. VICTIMS OF TERRORISM ACT.

24 (a) AUTHORITY TO PROVIDE ASSISTANCE AND COM25 PENSATION TO VICTIMS OF TERRORISM.—The Victims of
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1 Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended

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

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

4 OF TERRORISM OR MASS VIOLENCE.

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

6 UNITED STATES.—The Director may make supplemental

7 grants to States to provide compensation and assistance to

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

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

10 act or mass violence and are not persons eligible for com11 pensation under title VIII of the Omnibus Diplomatic Secu12 rity and Antiterrorism Act of 1986.

13 ‘‘(b) VICTIMS OF DOMESTIC TERRORISM.—The Direc14 tor may make supplemental grants to States for eligible

15 crime victim compensation and assistance programs to pro16 vide emergency relief, including crisis response efforts, as17 sistance, training, and technical assistance, for the benefit

18 of victims of terrorist acts or mass violence occurring within

19 the United States and may provide funding to United

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

21 victims compensation and assistance efforts in providing

22 emergency relief.’’.

23 (b) FUNDING OF COMPENSATION AND ASSISTANCE TO

24 VICTIMS OF TERRORISM, MASS VIOLENCE, AND CRIME.—
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1 Section 1402(d)(4) of the Victims of Crime Act of 1984 (42

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

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

4 sufficient to fully provide grants to the States pursu5 ant to section 1403(a)(1), the Director may retain

6 any portion of the Fund that was deposited during a

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

8 total amount deposited in the Fund during the pre9 ceding fiscal year as an emergency reserve. Such re10 serve shall not exceed $50,000,000.

11 ‘‘(B) The emergency reserve may be used for sup12 plemental grants under section 1404B and to supple13 ment the funds available to provide grants to States

14 for compensation and assistance in accordance with

15 sections 1403 and 1404 in years in which supple16 mental grants are needed.’’.

17 (c) CRIME VICTIMS FUND AMENDMENTS.—

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

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

20 amended—

21 (A) in subsection (c), by striking ‘‘sub22 section’’ and inserting ‘‘chapter’’; and

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

24 follows:
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1 ‘‘(e) AMOUNTS AWARDED AND UNSPENT.—Any

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

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

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

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

6 years, at the end of which period, any remaining unobli7 gated sums in excess of $500,000 shall be returned to the

8 Treasury. Any remaining unobligated sums in an amount

9 less than $500,000 shall be returned to the Fund.’’.

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

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

12 follows:

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

14 amount’ means—

15 ‘‘(A) except as provided in subparagraph

16 (B), $500,000; and

17 ‘‘(B) for the territories of the Northern Mar18 iana Islands, Guam, American Samoa, and the

19 Republic of Palau, $200,000, with the Republic

20 of Palau’s share governed by the Compact of Free

21 Association between the United States and the

22 Republic of Palau.’’.

23 SEC. 203. SEVERABILITY.

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

25 this Act, or the application of such provision or amendment
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1 to any person or circumstance is held to be unconstitu2 tional, the remainder of this Act, the amendments made by

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

4 any person or circumstance shall not be affected thereby.

5 SEC. 204. STUDY AND REPORT.

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

7 with the Director of the Administrative Office of the United

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

9 of the Crime Victims Fund and the impact that the amend10 ments made by this Act have on funds available in the

11 Crime Victims Fund, including an assessment of any reduc12 tion or increase in fines collected and deposited into the

13 Fund directly attributable to the amendments made by this

14 Act.

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

16 of the Administrative Office of the United States Courts

17 shall report interim findings to the Chairman and ranking

18 Member of the Committees on the Judiciary of the Senate

19 and House of Representatives 1 year after the date of enact20 ment of this Act, an annually thereafter until issuing a

21 final report, together with recommendations, not later than

22 4 years after the date of enactment of this Act.
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Amend the title so as to read: ‘‘An Act entitled the

Victims Justice Act of 1995’’.

Attest:

Secretary.
104TH CONGRESS

1ST SESSION H. R. 665

AMENDMENTS
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