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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 665 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  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:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Victims Justice Act of 1995''.

SEC. 2. TABLE OF CONTENTS.

    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.

                   TITLE II--MISCELLANEOUS PROVISIONS

Sec. 201. Crime victims fund.
Sec. 202. Victims of terrorism act.
Sec. 203. Severability.
Sec. 204. Study and report.

                          TITLE I--RESTITUTION

SEC. 101. ORDER OF RESTITUTION.

    Section 3556 of title 18, United States Code, is amended--
            (1) by striking ``may'' and inserting ``shall''; and
            (2) by striking ``sections 3663 and 3664.'' and inserting 
        ``3663A, and may order restitution in accordance with section 
        3663. The procedures under section 3664 shall apply to all 
        orders of restitution under this section.''.

SEC. 102. CONDITIONS OF PROBATION.

    Section 3563 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in the first paragraph (4) (relating to 
                conditions of probation for a domestic crime of 
                violence), by striking the period and inserting a 
                semicolon;
                    (C) by redesignating the second paragraph (4) 
                (relating to conditions of probation concerning drug 
                use and testing) as paragraph (5);
                    (D) in paragraph (5), as redesignated, by striking 
                the period at the end and inserting a semicolon; and
                    (E) by inserting after paragraph (5), as 
                redesignated, the following new paragraphs:
            ``(6) that the defendant--
                    ``(A) make restitution in accordance with sections 
                2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and
                    ``(B) pay the assessment imposed in accordance with 
                section 3013; and
            ``(7) that the defendant will notify the court of any 
        material change in the defendant's economic circumstances that 
        might affect the defendant's ability to pay restitution, fines, 
        or special assessments.''; and
            (2) in subsection (b)--
                    (A) by striking paragraph (2);
                    (B) by redesignating paragraphs (3) through (22) as 
                paragraphs (2) through (21), respectively; and
                    (C) by amending paragraph (2), as redesignated, to 
                read as follows:
            ``(2) make restitution to a victim of the offense under 
        section 3556 (but not subject to the limitation of section 
        3663(a) or 3663A(c)(1)(A));''.

SEC. 103. MANDATORY RESTITUTION.

    (a) In General.--Chapter 232 of title 18, United States Code, is 
amended by inserting immediately after section 3663 the following new 
section:
``Sec. 3663A. Mandatory restitution to victims of certain crimes
    ``(a)(1) Notwithstanding any other provision of law, when 
sentencing a defendant convicted of an offense described in subsection 
(c), the court shall order, in addition to any other penalty authorized 
by law, that the defendant make restitution to the victim of the 
offense, or, if the victim is deceased, to the victim's estate.
    ``(2) For the purposes of this section, the term `victim' means a 
person directly and proximately harmed as a result of the commission of 
an offense for which restitution may be ordered including, in the case 
of an offense that involves as an element a scheme, conspiracy, or 
pattern of criminal activity, any person directly harmed by the 
defendant's criminal conduct in the course of the scheme, conspiracy, 
or pattern. In the case of a victim who is under 18 years of age, 
incompetent, incapacitated, or deceased, the legal guardian of the 
victim or representative of the victim's estate, another family member, 
or any other person appointed as suitable by the court, may assume the 
victim's rights under this section, but in no event shall the defendant 
be named as such representative or guardian.
    ``(3) The court shall also order, if agreed to by the parties in a 
plea agreement, restitution to persons other than the victim of the 
offense.
    ``(b) The order of restitution shall require that such defendant--
            ``(1) in the case of an offense resulting in damage to or 
        loss or destruction of property of a victim of the offense--
                    ``(A) return the property to the owner of the 
                property or someone designated by the owner; or
                    ``(B) if return of the property under subparagraph 
                (A) is impossible, impracticable, or inadequate, pay an 
                amount equal to--
                            ``(i) the greater of--
                                    ``(I) the value of the property on 
                                the date of the damage, loss, or 
                                destruction; or
                                    ``(II) the value of the property on 
                                the date of sentencing, less
                            ``(ii) the value (as of the date the 
                        property is returned) of any part of the 
                        property that is returned;
            ``(2) in the case of an offense resulting in bodily injury 
        to a victim--
                    ``(A) pay an amount equal to the cost of necessary 
                medical and related professional services and devices 
                relating to physical, psychiatric, and psychological 
                care, including nonmedical care and treatment rendered 
                in accordance with a method of healing recognized by 
                the law of the place of treatment;
                    ``(B) pay an amount equal to the cost of necessary 
                physical and occupational therapy and rehabilitation; 
                and
                    ``(C) reimburse the victim for income lost by such 
                victim as a result of such offense;
            ``(3) in the case of an offense resulting in bodily injury 
        that results in the death of the victim, pay an amount equal to 
        the cost of necessary funeral and related services; and
            ``(4) in any case, reimburse the victim for lost income and 
        necessary child care, transportation, and other expenses 
        incurred during participation in the investigation or 
        prosecution of the offense or attendance at proceedings related 
        to the offense.
    ``(c)(1) This section shall apply in all sentencing proceedings for 
convictions of, or plea agreements relating to charges for, any 
offense--
            ``(A) that is--
                    ``(i) a crime of violence, as defined in section 
                16;
                    ``(ii) an offense against property under this 
                title, including any offense committed by fraud or 
                deceit; or
                    ``(iii) an offense described in section 1365 
                (relating to tampering with consumer products); and
            ``(B) in which an identifiable victim or victims has 
        suffered a physical injury or pecuniary loss.
    ``(2) In the case of a plea agreement that does not result in a 
conviction for an offense described in paragraph (1), this section 
shall apply only if the plea specifically states that an offense listed 
under such paragraph gave rise to the plea agreement.
    ``(3) This section shall not apply if the court finds, from facts 
on the record, that--
            ``(A) the number of identifiable victims is so large as to 
        make restitution impracticable; or
            ``(B) determining complex issues of fact related to the 
        cause or amount of the victim's losses would complicate or 
        prolong the sentencing process to a degree that the need to 
        provide restitution to any victim is outweighed by the burden 
        on the sentencing process.
    ``(d) An order of restitution under this section shall be issued 
and enforced in accordance with section 3664.''.
    (b) Clerical Amendment.--The analysis for chapter 232 of title 18, 
United States Code, is amended by inserting immediately after the 
matter relating to section 3663 the following:

``3663A. Mandatory restitution to victims of certain crimes.''.

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

    (a) In General.--Section 3663 of title 18, United States Code, is 
amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``(a)(1) The court'' and inserting 
                ``(a)(1)(A) The court'';
                    (B) by inserting ``, section 401, 408(a), 409, 416, 
                420, or 422(a) of the Controlled Substances Act (21 
                U.S.C. 841, 848(a), 849, 856, 861, 863) (but in no case 
                shall a participant in an offense under such sections 
                be considered a victim of such offense under this 
                section),'' before ``or section 46312,'';
                    (C) by inserting ``other than an offense described 
                in section 3663A(c),'' after ``title 49,'';
                    (D) by inserting before the period at the end the 
                following: ``, or if the victim is deceased, to the 
                victim's estate'';
                    (E) by adding at the end the following new 
                subparagraph:
    ``(B)(i) The court, in determining whether to order restitution 
under this section, shall consider--
            ``(I) the amount of the loss sustained by each victim as a 
        result of the offense; and
            ``(II) the financial resources of the defendant, the 
        financial needs and earning ability of the defendant and the 
        defendant's dependents, and such other factors as the court 
        deems appropriate.
    ``(ii) To the extent that the court determines that the 
complication and prolongation of the sentencing process resulting from 
the fashioning of an order of restitution under this section outweighs 
the need to provide restitution to any victims, the court may decline 
to make such an order.''; and
                    (F) by amending paragraph (2) to read as follows:
    ``(2) For the purposes of this section, the term `victim' means a 
person directly and proximately harmed as a result of the commission of 
an offense for which restitution may be ordered including, in the case 
of an offense that involves as an element a scheme, conspiracy, or 
pattern of criminal activity, any person directly harmed by the 
defendant's criminal conduct in the course of the scheme, conspiracy, 
or pattern. In the case of a victim who is under 18 years of age, 
incompetent, incapacitated, or deceased, the legal guardian of the 
victim or representative of the victim's estate, another family member, 
or any other person appointed as suitable by the court, may assume the 
victim's rights under this section, but in no event shall the defendant 
be named as such representative or guardian.'';
            (2) by striking subsections (c) through (i); and
            (3) by adding at the end the following new subsections:
    ``(c)(1) Notwithstanding any other provision of law (but subject to 
the provisions of subsections (a)(1)(B) (i)(II) and (ii), when 
sentencing a defendant convicted of an offense described in section 
401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act 
(21 U.S.C. 841, 848(a), 849, 856, 861, 863), in which there is no 
identifiable victim, the court may order that the defendant make 
restitution in accordance with this subsection.
    ``(2)(A) An order of restitution under this subsection shall be 
based on the amount of public harm caused by the offense, as determined 
by the court in accordance with guidelines promulgated by the United 
States Sentencing Commission.
    ``(B) In no case shall the amount of restitution ordered under this 
subsection exceed the amount of the fine ordered for the offense 
charged in the case.
    ``(3) Restitution under this subsection shall be distributed as 
follows:
            ``(A) 65 percent of the total amount of restitution shall 
        be paid to the Victim Assistance Administration of the State in 
        which the crime occurred.
            ``(B) 35 percent of the total amount of restitution shall 
        be paid to the State entity designated to receive Federal 
        substance abuse block grant funds.
    ``(4) The court shall not make an award under this subsection if it 
appears likely that such award would interfere with a forfeiture under 
section 981 or 982.
    ``(5) Notwithstanding section 3612(c) or any other provision of 
law, a penalty assessment under section 3013 or a fine under subchapter 
C of chapter 227 shall take precedence over an order of restitution 
under this subsection.
    ``(6) Requests for community restitution under this subsection 
shall be considered in all plea agreements negotiated by the United 
States.
    ``(7)(A) The United States Sentencing Commission shall promulgate 
guidelines to assist courts in determining the amount of restitution 
that may be ordered under this subsection.
    ``(B) No restitution shall be ordered under this subsection until 
such time as the Sentencing Commission promulgates guidelines pursuant 
to this paragraph.
    ``(d) An order of restitution made pursuant to this section shall 
be issued and enforced in accordance with section 3664.''.
    (b) Sexual Abuse.--Section 2248 of title 18, United States Code, is 
amended--
            (1) in subsection (a), by inserting ``or 3663A'' after 
        ``3663'';
            (2) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Directions.--The order of restitution under this 
        section shall direct the defendant to pay to the victim 
        (through the appropriate court mechanism) the full amount of 
        the victim's losses as determined by the court pursuant to 
        paragraph (2).'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Enforcement.--An order of restitution under this 
        section shall be issued and enforced in accordance with section 
        3664 in the same manner as an order under section 3663A.'';
                    (C) in paragraph (4), by striking subparagraphs (C) 
                and (D); and
                    (D) by striking paragraphs (5) through (10);
            (3) by striking subsections (c) through (e); and
            (4) by redesignating subsection (f) as subsection (c).
    (c) Sexual Exploitation and Other Abuse of Children.--Section 2259 
of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``or 3663A'' after 
        ``3663'';
            (2) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Directions.--The order of restitution under this 
        section shall direct the defendant to pay the victim (through 
        the appropriate court mechanism) the full amount of the 
        victim's losses as determined by the court pursuant to 
        paragraph (2).'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Enforcement.--An order of restitution under this 
        section shall be issued and enforced in accordance with section 
        3664 in the same manner as an order under section 3663A.'';
                    (C) in paragraph (4), by striking subparagraphs (C) 
                and (D); and
                    (D) by striking paragraphs (5) through (10);
            (3) by striking subsections (c) through (e); and
            (4) by redesignating subsection (f) as subsection (e).
    (d) Domestic Violence.--Section 2264 of title 18, United States 
Code, is amended--
            (1) in subsection (a), by inserting ``or 3663A'' after 
        ``3663'';
            (2) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Directions.--The order of restitution under this 
        section shall direct the defendant to pay the victim (through 
        the appropriate court mechanism) the full amount of the 
        victim's losses as determined by the court pursuant to 
        paragraph (2).'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Enforcement.--An order of restitution under this 
        section shall be issued and enforced in accordance with section 
        3664 in the same manner as an order under section 3663A.'';
                    (C) in paragraph (4), by striking subparagraphs (C) 
                and (D); and
                    (D) by striking paragraphs (5) through (10);
            (3) by striking subsections (c) through (g); and
            (4) by adding at the end the following new subsection (c):
    ``(c) Victim Defined.--For purposes of this section, the term 
`victim' means the individual harmed as a result of a commission of a 
crime under this chapter, including, in the case of a victim who is 
under 18 years of age, incompetent, incapacitated, or deceased, the 
legal guardian of the victim or representative of the victim's estate, 
another family member, or any other person appointed as suitable by the 
court, but in no event shall the defendant be named as such 
representative or guardian.''.
    (e) Telemarketing Fraud.--Section 2327 of title 18, United States 
Code, is amended--
            (1) in subsection (a), by inserting ``or 3663A'' after 
        ``3663'';
            (2) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Directions.--The order of restitution under this 
        section shall direct the defendant to pay to the victim 
        (through the appropriate court mechanism) the full amount of 
        the victim's losses as determined by the court pursuant to 
        paragraph (2).'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Enforcement.--An order of restitution under this 
        section shall be issued and enforced in accordance with section 
        3664 in the same manner as an order under section 3663A.'';
                    (C) in paragraph (4), by striking subparagraphs (C) 
                and (D); and
                    (D) by striking paragraphs (5) through (10);
            (3) by striking subsections (c) through (e); and
            (4) by redesignating subsection (f) as subsection (c).

SEC. 105. PROCEDURE FOR ISSUANCE AND ENFORCEMENT OF RESTITUTION ORDER.

    (a) In General.--Section 3664 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3664. Procedure for issuance and enforcement of order of 
              restitution
    ``(a) For orders of restitution under this title, the court shall 
order the probation service of the court to obtain and include in its 
presentence report, or in a separate report, as the court directs, 
information sufficient for the court to exercise its discretion in 
fashioning a restitution order. The report shall include, to the extent 
practicable, a complete accounting of the losses to each victim, any 
restitution owed pursuant to a plea agreement, and information relating 
to the economic circumstances of each defendant. If the number or 
identity of victims cannot be reasonably ascertained, or other 
circumstances exist that make this requirement clearly impracticable, 
the probation service shall so inform the court.
    ``(b) The court shall disclose to both the defendant and the 
attorney for the Government all portions of the presentence or other 
report pertaining to the matters described in subsection (a) of this 
section.
    ``(c) The provisions of this chapter, chapter 227, and Rule 32(c) 
of the Federal Rules of Criminal Procedure shall be the only rules 
applicable to proceedings under this section.
    ``(d)(1) Within 60 days after conviction and, in any event, not 
later than 10 days prior to sentencing--
            ``(A)(i) the attorney for the Government, after consulting 
        with all identified victims, shall promptly provide the 
        probation service of the court with a listing of the amounts 
        subject to restitution;
            ``(ii) the attorney for the Government shall provide notice 
        to all identified victims, informing the victims of the 
        offenses of which the defendant was convicted, the listing of 
        amounts subject to restitution submitted to the probation 
        service, the victim's right to submit information to the 
        probation service concerning the amount of the victim's losses, 
        and the scheduled date, time, and place of the sentencing 
        hearing; and
            ``(iii) if any victim objects to any of the information 
        provided to the probation service relating to the amount of the 
        victim's losses subject to restitution, the attorney for the 
        Government shall advise the victim that the victim may file a 
        separate affidavit and shall provide the victim with an 
        affidavit form which may be used to do so; and
            ``(B) each defendant shall prepare and file with the 
        probation service of the court an affidavit fully describing 
        the financial resources of the defendant, including a complete 
        listing of all assets owned or controlled by the defendant as 
        of the date on which the defendant was arrested, the financial 
        needs and earning ability of the defendant and the defendant's 
        dependents, and other information the court requires relating 
        to such other factors as the court deems appropriate.
    ``(2) After reviewing the report of the probation service of the 
court, the court may require additional documentation or hear 
testimony. The privacy of any records filed, or testimony heard, 
pursuant to this section shall be maintained to the greatest extent 
possible, and such records may be filed or testimony heard in camera.
    ``(3) If the victim's losses are not ascertainable by the date that 
is 10 days prior to sentencing as provided in paragraph (1), the 
attorney for the Government shall so inform the court, and the court 
shall set a date for the final determination of the victim's losses, 
not to exceed 90 days after sentencing. If the victim subsequently 
discovers further losses, the victim shall have 60 days after discovery 
of those losses in which to petition the court for an amended 
restitution order. Such order may be granted only upon a showing of 
good cause for the failure to include such losses in the initial claim 
for restitutionary relief.
    ``(4) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate or special master for 
proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.
    ``(e) Any dispute as to the proper amount or type of restitution 
shall be resolved by the court by the preponderance of the evidence. 
The burden of demonstrating the amount of the loss sustained by a 
victim as a result of the offense shall be on the attorney for the 
Government. The burden of demonstrating the financial resources of the 
defendant and the financial needs of the defendant and such defendant's 
dependents shall be on the defendant. The burden of demonstrating such 
other matters as the court deems appropriate shall be upon the party 
designated by the court as justice requires.
    ``(f)(1)(A) In each order of restitution, the court shall order 
restitution to each victim in the full amount of each victim's losses 
as determined by the court and without consideration of the economic 
circumstances of the defendant.
    ``(B) In no case shall the fact that a victim has received or is 
entitled to receive compensation with respect to a loss from insurance 
or any other source be considered in determining the amount of 
restitution.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall, pursuant to section 3572, specify in the 
restitution order the manner in which and the schedule according to 
which the restitution is to be paid, in consideration of--
            ``(A) the financial resources and other assets of the 
        defendant, including whether any of these assets are jointly 
        controlled;
            ``(B) projected earnings and other income of the defendant; 
        and
            ``(C) any financial obligations of the defendant; including 
        obligations to dependents.
    ``(3)(A) A restitution order may direct the defendant to make a 
single, lump-sum payment, partial payment at specified intervals, in-
kind payments, or a combination of payments at specified intervals and 
in-kind payments.
    ``(B) A restitution order may direct the defendant to make nominal 
periodic payments if the court finds from facts on the record that the 
economic circumstances of the defendant do not allow the payment of any 
amount of a restitution order, and do not allow for the payment of the 
full amount of a restitution order in the foreseeable future under any 
reasonable schedule of payments.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) if the victim agrees, services rendered to the victim 
        or a person or organization other than the victim.
    ``(g)(1) No victim shall be required to participate in any phase of 
a restitution order.
    ``(2) A victim may at any time assign the victim's interest in 
restitution payments to the Crime Victims Fund in the Treasury without 
in any way impairing the obligation of the defendant to make such 
payments.
    ``(h) If the court finds that more than 1 defendant has contributed 
to the loss of a victim, the court may make each defendant liable for 
payment of the full amount of restitution or may apportion liability 
among the defendants to reflect the level of contribution to the 
victim's loss and economic circumstances of each defendant.
    ``(i) If the court finds that more than 1 victim has sustained a 
loss requiring restitution by a defendant, the court may issue an order 
of priority based on the type and amount of each victim's loss, 
accounting for the economic circumstances of each victim. In any case 
in which the United States is a victim, the court shall ensure that all 
individual victims receive full restitution before the United States 
receives any restitution.
    ``(j)(1) If a victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution shall be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution of victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) Any amount paid to a victim under an order of restitution 
shall be reduced by any amount later recovered as compensatory damages 
for the same loss by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(k) A restitution order shall provide that the defendant shall 
notify the court and the Attorney General of any material change in the 
defendant's economic circumstances that might affect the defendant's 
ability to pay restitution. The court may also accept notification of a 
material change in the defendant's economic circumstances from the 
United States or from the victim. The Attorney General shall certify to 
the court that the victim or victims owed restitution by the defendant 
have been notified of the change in circumstances. Upon receipt of the 
notification, the court may, on its own motion, or the motion of any 
party, including the victim, adjust the payment schedule, or require 
immediate payment in full, as the interests of justice require.
    ``(l) A conviction of a defendant for an offense involving the act 
giving rise to an order of restitution shall estop the defendant from 
denying the essential allegations of that offense in any subsequent 
Federal civil proceeding or State civil proceeding, to the extent 
consistent with State law, brought by the victim.
    ``(m)(1)(A)(i) An order of restitution may be enforced by the 
United States in the manner provided for in subchapter C of chapter 227 
and subchapter B of chapter 229 of this title; or
    ``(ii) by all other available and reasonable means.
    ``(B) An order of restitution may also be enforced by a victim 
named in the order to receive the restitution, in the same manner as a 
judgment in a civil action.
    ``(2) An order of in-kind restitution in the form of services shall 
be enforced by the probation service of the court.
    ``(n) If a person obligated to provide restitution or pay a fine 
receives substantial resources from any source, including inheritance, 
settlement, or other judgment, during a period of incarceration, such 
person shall be required to apply the value of such resources to any 
restitution or fine still owed.''.
    (b) Technical Amendment.--The item relating to section 3664 in the 
analysis for chapter 232 of title 18, United States Code, is amended to 
read as follows:

``3664. Procedure for issuance and enforcement of order of 
                            restitution.''.

SEC. 106. PROCEDURE.

    (a) Amendment of Federal Rules of Criminal Procedure.--Rule 32(b) 
of the Federal Rules of Criminal Procedure is amended--
            (1) in paragraph (1), by adding at the end the following: 
        ``Notwithstanding the preceding sentence, a presentence 
        investigation and report, or other report containing 
        information sufficient for the court to enter an order of 
        restitution, as the court directs, shall be required in any 
        case in which restitution is required to be ordered.''; and
            (2) in paragraph (4)--
                    (A) by redesignating subparagraphs (F) and (G) as 
                subparagraphs (G) and (H), respectively; and
                    (B) by inserting after subparagraph (E), the 
                following new subparagraph:
                    ``(F) in appropriate cases, information sufficient 
                for the court to enter an order of restitution;''.
    (b) Fines.--Section 3572 of title 18, United States Code, is 
amended--
            (1) in subsection (b) by inserting ``other than the United 
        States,'' after ``offense,'';
            (2) in subsection (d)--
                    (A) in the first sentence, by striking ``A person 
                sentenced to pay a fine or other monetary penalty'' and 
                inserting ``(1) A person sentenced to pay a fine or 
                other monetary penalty, including restitution,'';
                    (B) by striking the third sentence; and
                    (C) by adding at the end the following:
    ``(2) If the judgment, or, in the case of a restitution order, the 
order, permits other than immediate payment, the length of time over 
which scheduled payments will be made shall be set by the court, but 
shall be the shortest time in which full payment can reasonably be 
made.
    ``(3) A judgment for a fine which permits payments in installments 
shall include a requirement that the defendant will notify the court of 
any material change in the defendant's economic circumstances that 
might affect the defendant's ability to pay the fine. Upon receipt of 
such notice the court may, on its own motion or the motion of any 
party, adjust the payment schedule, or require immediate payment in 
full, as the interests of justice require.'';
            (3) in subsection (f), by inserting ``restitution'' after 
        ``special assessment,'';
            (4) in subsection (h), by inserting ``or payment of 
        restitution'' after ``A fine''; and
            (5) in subsection (i)--
                    (A) in the first sentence, by inserting ``or 
                payment of restitution'' after ``A fine''; and
                    (B) by amending the second sentence to read as 
                follows: ``Notwithstanding any installment schedule, 
                when a fine or payment of restitution is in default, 
                the entire amount of the fine or restitution is due 
                within 30 days after notification of the default, 
                subject to the provisions of section 3613A.''.
    (c) Postsentence Administration.--
            (1) Payment of a fine or restitution.--Section 3611 of 
        title 18, United States Code, is amended--
                    (A) by amending the heading to read as follows:
``Sec. 3611. Payment of a fine or restitution''; 
                and
                    (B) by striking ``or assessment shall pay the fine 
                or assessment'' and inserting ``, assessment, or 
                restitution, shall pay the fine, assessment, or 
                restitution''.
            (2) Collection.--Section 3612 of title 18, United States, 
        is amended--
                    (A) by amending the heading to read as follows:
``Sec. 3612. Collection of unpaid fine or restitution'';
                    (B) in subsection (b)(1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or restitution order'' 
                        after ``fine'';
                            (ii) in subparagraph (C), by inserting ``or 
                        restitution order'' after ``fine'';
                            (iii) in subparagraph (E), by striking 
                        ``and'';
                            (iv) in subparagraph (F)--
                                    (I) by inserting ``or restitution 
                                order'' after ``fine''; and
                                    (II) by striking the period at the 
                                end and inserting ``; and''; and
                            (v) by adding at the end the following new 
                        subparagraph:
                    ``(G) in the case of a restitution order, 
                information sufficient to identify each victim to whom 
                restitution is owed. It shall be the responsibility of 
                each victim to notify the Attorney General, or the 
                appropriate entity of the court, by means of a form to 
                be provided by the Attorney General or the court, of 
                any change in the victim's mailing address while 
                restitution is still owed the victim. The 
                confidentiality of any information relating to a victim 
                shall be maintained.'';
                    (C) in subsection (c)--
                            (i) in the first sentence, by inserting 
                        ``or restitution'' after ``fine''; and
                            (ii) by adding at the end the following: 
                        ``Any money received from a defendant shall be 
                        disbursed so that each of the following 
                        obligations is paid in full in the following 
                        sequence:
            ``(1) A penalty assessment under section 3013 of title 18, 
        United States Code.
            ``(2) Restitution of all victims.
            ``(3) All other fines, penalties, costs, and other payments 
        required under the sentence.'';
                    (D) in subsection (d)--
                            (i) by inserting ``or restitution'' after 
                        ``fine''; and
                            (ii) by striking ``is delinquent, to inform 
                        him that the fine is delinquent'' and inserting 
                        ``or restitution is delinquent, to inform the 
                        person of the delinquency'';
                    (E) in subsection (e)--
                            (i) by inserting ``or restitution'' after 
                        ``fine''; and
                            (ii) by striking ``him that the fine is in 
                        default'' and inserting ``the person that the 
                        fine or restitution is in default'';
                    (F) in subsection (f)--
                            (i) in the heading, by inserting ``and 
                        restitution'' after ``on fines''; and
                            (ii) in paragraph (1), by inserting ``or 
                        restitution'' after ``any fine'';
                    (G) in subsection (g), by inserting ``or 
                restitution'' after ``fine'' each place it appears; and
                    (H) in subsection (i), by inserting ``and 
                restitution'' after ``fines''.
            (3) Civil remedies.--Section 3613 of title 18, United 
        States Code, is amended--
                    (A) in subsection (b), by amending paragraph (1) to 
                read as follows:
            ``(1) the later of 20 years after the entry of the judgment 
        or 20 years after the release from imprisonment of the person 
        fined or ordered to pay restitution; or''; and
                    (B) in subsection (e), by striking ``, but in no 
                event'' and all that follows through the end of the 
                subsection and inserting a period.
            (4) Default.--Chapter 229 of title 18, United States Code, 
        is amended by inserting after section 3613 the following new 
        section:
``Sec. 3613A. Effect of default
    ``(a)(1) Upon a finding that the defendant is in default on a 
payment of a fine or restitution, the court may, pursuant to section 
3565, revoke probation or a term of supervised release or modify the 
terms or conditions of probation on a term of supervised release, 
resentence a defendant pursuant to section 3614, hold the defendant in 
contempt of court, enter a restraining order or injunction, order the 
sale of property of the defendant, accept a performance bond, enter or 
adjust a payment schedule, or take any other action necessary to obtain 
compliance with the order of a fine or restitution.
    ``(2) In determining what action to take, the court shall consider 
the defendant's employment status, earning ability, financial 
resources, the willfulness in failing to comply with the restitution 
order, and any other circumstances that may have a bearing on the 
defendant's ability to comply with the order of a fine or restitution.
    ``(b)(1) Any hearing held pursuant to this section may be conducted 
by a magistrate judge, subject to de novo review by the court.
    ``(2) To the extent practicable, in a hearing held pursuant to this 
section involving a defendant who is confined in any jail, prison, or 
other correctional facility, proceedings in which the prisoner's 
participation is required or permitted shall be conducted by telephone, 
video conference, or other communications technology without removing 
the prisoner from the facility in which the prisoner is confined.
    ``(3) Subject to the agreement of the official of the Federal, 
State, or local unit of government with custody over the prisoner, 
hearings may be conducted at the facility in which the prisoner is 
confined. To the extent practicable, the court shall allow counsel to 
participate by telephone, video conference, or other communications 
technology in any hearing held at the facility.''.
            (5) Resentencing.--Section 3614 of title 18, United States 
        Code, is amended--
                    (A) in the heading, by inserting ``or restitution'' 
                after ``fine'';
                    (B) in subsection (a), by inserting ``or 
                restitution'' after ``fine''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(c) Effect of Indigency.--In no event shall a defendant be 
incarcerated under this section solely on the basis of inability to 
make payments because the defendant is indigent.''.
    (d) Conforming Amendment.--The analysis for subchapter B of chapter 
229 of title 18, United States Code, 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.''.

SEC. 107. INSTRUCTION TO SENTENCING COMMISSION.

    Pursuant to section 994 of title 28, United States Code, the United 
States Sentencing Commission shall promulgate guidelines or amend 
existing guidelines to reflect this Act and the amendments made by this 
Act.

SEC. 108. JUSTICE DEPARTMENT REGULATIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Attorney General shall promulgate guidelines, or amend existing 
guidelines, to carry out this Act and to ensure that--
            (1) in all plea agreements negotiated by the United States, 
        consideration is given to requesting that the defendant provide 
        full restitution to all victims of all charges contained in the 
        indictment or information, without regard to the counts to 
        which the defendant actually pleaded; and
            (2) orders of restitution made pursuant to the amendments 
        made by this Act are enforced to the fullest extent of the law.

SEC. 109. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.

    Section 3013(a)(2) of title 18, United States Code, is amended--
            (1) in subparagraph (A), by striking ``$50'' and inserting 
        ``not less than $100''; and
            (2) in subparagraph (B), by striking ``$200'' and inserting 
        ``not less than $400''.

SEC. 110. EFFECTIVE DATE.

    The amendments made by this title shall be effective for sentencing 
proceedings in cases in which the defendant is convicted on or after 
the date of enactment of this Act.

                   TITLE II--MISCELLANEOUS PROVISIONS

SEC. 201. CRIME VICTIMS FUND.

    (a) Prohibition of Payments to Delinquent Criminal Debtors by State 
Crime Victim Compensation Programs.--
            (1) In general.--Section 1403(b) of the Victims of Crime 
        Act of 1984 (42 U.S.C. 10602(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (7);
                    (B) by redesignating paragraph (8) as paragraph 
                (9); and
                    (C) by inserting after paragraph (7) the following 
                new paragraph:
            ``(8) such program does not provide compensation to any 
        person who has been convicted of an offense under Federal law 
        with respect to any time period during which the person is 
        delinquent in paying a fine or other monetary penalty imposed 
        for the offense; and''.
            (2) Application of amendment.--The amendment made by 
        paragraph (1) shall not be applied to deny victims compensation 
        to any person until the date on which the Attorney General, in 
        consultation with the Director of the Administrative Office of 
        the United States Courts, issues a written determination that a 
        cost-effective, readily available criminal debt payment 
        tracking system operated by the agency responsible for the 
        collection of criminal debt has established cost-effective, 
        readily available communications links with entities that 
        administer Federal victims compensation programs that are 
        sufficient to ensure that victims compensation is not denied to 
        any person except as authorized by law.
    (b) Exclusion From Income for Purposes of Means Tests.--Section 
1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended 
by inserting after subsection (b) the following new subsection:
    ``(c) Exclusion From Income for Purposes of Means Tests.--
Notwithstanding any other law, for the purpose of any maximum allowed 
income eligibility requirement in any Federal, State, or local 
government program using Federal funds that provides medical or other 
assistance (or payment or reimbursement of the cost of such assistance) 
that becomes necessary to an applicant for such assistance in full or 
in part because of the commission of a crime against the applicant, as 
determined by the Director, any amount of crime victim compensation 
that the applicant receives through a crime victim compensation program 
under this section shall not be included in the income of the applicant 
until the total amount of assistance that the applicant receives from 
all such programs is sufficient to fully compensate the applicant for 
losses suffered as a result of the crime.''.

SEC. 202. VICTIMS OF TERRORISM ACT.

    (a) Authority To Provide Assistance and Compensation to Victims of 
Terrorism.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) 
is amended by inserting after section 1404A the following new section:

``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR 
              MASS VIOLENCE.

    ``(a) Victims of Acts of Terrorism Outside the United States.--The 
Director may make supplemental grants to States to provide compensation 
and assistance to the residents of such States who, while outside the 
territorial boundaries of the United States, are victims of a terrorist 
act or mass violence and are not persons eligible for compensation 
under title VIII of the Omnibus Diplomatic Security and Antiterrorism 
Act of 1986.
    ``(b) Victims of Domestic Terrorism.--The Director may make 
supplemental grants to States for eligible crime victim compensation 
and assistance programs to provide emergency relief, including crisis 
response efforts, assistance, training, and technical assistance, for 
the benefit of victims of terrorist acts or mass violence occurring 
within the United States and may provide funding to United States 
Attorney's Offices for use in coordination with State victims 
compensation and assistance efforts in providing emergency relief.''.
    (b) Funding of Compensation and Assistance to Victims of Terrorism, 
Mass Violence, and Crime.--Section 1402(d)(4) of the Victims of Crime 
Act of 1984 (42 U.S.C. 10601(d)(4)) is amended to read as follows:
            ``(4)(A) If the sums available in the Fund are sufficient 
        to fully provide grants to the States pursuant to section 
        1403(a)(1), the Director may retain any portion of the Fund 
        that was deposited during a fiscal year that was in excess of 
        110 percent of the total amount deposited in the Fund during 
        the preceding fiscal year as an emergency reserve. Such reserve 
        shall not exceed $50,000,000.
            ``(B) The emergency reserve may be used for supplemental 
        grants under section 1404B and to supplement the funds 
        available to provide grants to States for compensation and 
        assistance in accordance with sections 1403 and 1404 in years 
        in which supplemental grants are needed.''.
    (c) Crime Victims Fund Amendments.--
            (1) Unobligated funds.--Section 1402 of the Victims of 
        Crime Act of 1984 (42 U.S.C. 10601) is amended--
                    (A) in subsection (c), by striking ``subsection'' 
                and inserting ``chapter''; and
                    (B) by amending subsection (e) to read as follows:
    ``(e) Amounts Awarded and Unspent.--Any amount awarded as part of a 
grant under this chapter that remains unspent at the end of a fiscal 
year in which the grant is made may be expended for the purpose for 
which the grant is made at any time during the 2 succeeding fiscal 
years, at the end of which period, any remaining unobligated sums in 
excess of $500,000 shall be returned to the Treasury. Any remaining 
unobligated sums in an amount less than $500,000 shall be returned to 
the Fund.''.
            (2) Base amount.--Section 1404(a)(5) of such Act (42 U.S.C. 
        10603(a)(5)) is amended to read as follows:
            ``(5) As used in this subsection, the term `base amount' 
        means--
                    ``(A) except as provided in subparagraph (B), 
                $500,000; and
                    ``(B) for the territories of the Northern Mariana 
                Islands, Guam, American Samoa, and the Republic of 
                Palau, $200,000, with the Republic of Palau's share 
                governed by the Compact of Free Association between the 
                United States and the Republic of Palau.''.

SEC. 203. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

SEC. 204. STUDY AND REPORT.

    (a) Study.--The Attorney General, in cooperation with the Director 
of the Administrative Office of the United States Courts, shall conduct 
a study of the funds paid out of the Crime Victims Fund and the impact 
that the amendments made by this Act have on funds available in the 
Crime Victims Fund, including an assessment of any reduction or 
increase in fines collected and deposited into the Fund directly 
attributable to the amendments made by this Act.
    (b) Report.--The Attorney General and the Director of the 
Administrative Office of the United States Courts shall report interim 
findings to the Chairman and ranking Member of the Committees on the 
Judiciary of the Senate and House of Representatives 1 year after the 
date of enactment of this Act, an annually thereafter until issuing a 
final report, together with recommendations, not later than 4 years 
after the date of enactment of this Act.

            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

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