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the victim, adjust the payment schedule, or require imme-
diate payment in full, as the interests of justice require.
‘‘(l) A conviction of a defendant for an offense involv-
ing 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 sub-
chapter 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 serv-
ices 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, in-
cluding 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.’’.
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(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), respec-
tively; and
(B) by inserting after subparagraph (E),
the following new subparagraph:
‘‘(F) in appropriate cases, information suf-
ficient for the court to enter an order of restitu-
tion;’’.
(b) FINES.—Section 3572 of title 18, United States
Code, is amended—
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(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 per-
son sentenced to pay a fine or other monetary
penalty’’ and inserting ‘‘(1) A person sentenced
to pay a fine or other monetary penalty, includ-
ing 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 defend-
ant will notify the court of any material change in the de-
fendant’s economic circumstances that might affect the de-
fendant’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,’’;
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(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 install-
ment schedule, when a fine or payment of res-
titution is in default, the entire amount of the
fine or restitution is due within 30 days after
notification of the default, subject to the provi-
sions of section 3613A.’’.
(c) POSTSENTENCE ADMINISTRATION.—
(1) PAYMENT OF A FINE OR RESTITUTION.—Sec-
tion 3611 of title 18, United States Code, is amend-
ed—
(A) by amending the heading to read as fol-
lows:
‘‘§ 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’’.
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(2) COLLECTION.—Section 3612 of title 18,
United States, is amended—
(A) by amending the heading to read as fol-
lows:
‘‘§ 3612. Collection of unpaid fine or restitution’’;
(B) in subsection (b)(1)—
(i) in the matter preceding subpara-
graph (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, in-
formation sufficient to identify each victim to
whom restitution is owed. It shall be the respon-
sibility of each victim to notify the Attorney
General, or the appropriate entity of the court,
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by means of a form to be provided by the Attor-
ney General or the court, of any change in the
victim’s mailing address while restitution is still
owed the victim. The confidentiality of any in-
formation relating to a victim shall be main-
tained.’’;
(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 ob-
ligations is paid in full in the following se-
quence:
‘‘(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 in-
form him that the fine is delinquent’’ and
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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 res-
titution’’ after ‘‘fine’’ each place it appears; and
(H) in subsection (i), by inserting ‘‘and res-
titution’’ after ‘‘fines’’.
(3) CIVIL REMEDIES.—Section 3613 of title 18,
United States Code, is amended—
(A) in subsection (b), by amending para-
graph (1) to read as follows:
‘‘(1) the later of 20 years after the entry of the
judgment or 20 years after the release from imprison-
ment of the person fined or ordered to pay restitution;
or’’; and
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(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:
‘‘§ 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, pursu-
ant to section 3565, revoke probation or a term of super-
vised release or modify the terms or conditions of probation
on a term of supervised release, resentence a defendant pur-
suant 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 cir-
cumstances that may have a bearing on the defendant’s
ability to comply with the order of a fine or restitution.
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‘‘(b)(1) Any hearing held pursuant to this section may
be conducted by a magistrate judge, subject to de novo re-
view by the court.
‘‘(2) To the extent practicable, in a hearing held pursu-
ant to this section involving a defendant who is confined
in any jail, prison, or other correctional facility, proceed-
ings 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 Fed-
eral, 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 restitu-
tion’’ after ‘‘fine’’;
(B) in subsection (a), by inserting ‘‘or res-
titution’’ after ‘‘fine’’; and
(C) by adding at the end the following new
subsection:
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‘‘(c) EFFECT OF INDIGENCY.—In no event shall a de-
fendant 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 sub-
chapter 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 vic-
tims of all charges contained in the indictment or in-
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formation, 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 full-
est 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 COMPENSA-
TION PROGRAMS.—
(1) IN GENERAL.—Section 1403(b) of the Victims
of Crime Act of 1984 (42 U.S.C. 10602(b)) is amend-
ed—
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(A) by striking ‘‘and’’ at the end of para-
graph (7);
(B) by redesignating paragraph (8) as
paragraph (9); and
(C) by inserting after paragraph (7) the fol-
lowing new paragraph:
‘‘(8) such program does not provide compensa-
tion to any person who has been convicted of an of-
fense under Federal law with respect to any time pe-
riod during which the person is delinquent in paying
a fine or other monetary penalty imposed for the of-
fense; and’’.
(2) APPLICATION OF AMENDMENT.—The amend-
ment 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 re-
sponsible for the collection of criminal debt has estab-
lished cost-effective, readily available communications
links with entities that administer Federal victims
compensation programs that are sufficient to ensure