II
Calendar No. 257
104TH CONGRESS
1ST SESSION
H. R. 665
[Report No. 104–179]
IN THE SENATE OF THE UNITED STATES
FEBRUARY 8 (legislative day, JANUARY 30), 1995
Received; read twice and referred to the Committee on the Judiciary
DECEMBER 6, 1995
Reported by Mr. HATCH, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
To control crime by mandatory victim restitution.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Victim Restitution Act
of 1995’’.
SEC.
2.
MANDATORY
RESTITUTION
AND
OTHER
PROVI-
SIONS.
(a) ORDER OF RESTITUTION.—Section 3663 of title
18, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘may order, in addition
to or, in the case of a misdemeanor, in lieu
of any other penalty authorized by law’’
and inserting ‘‘shall order’’; and
(ii) by adding at the end the follow-
ing: ‘‘The requirement of this paragraph
does not affect the power of the court to
impose any other penalty authorized by
law. In the case of a misdemeanor, the
court may impose restitution in lieu of any
other penalty authorized by law.’’;
(B) by adding at the end the following:
‘‘(4) In addition to ordering restitution to the victim
of the offense of which a defendant is convicted, a court
may order restitution to any person who, as shown by a
preponderance of evidence, was harmed physically, emo-
tionally, or pecuniarily, by unlawful conduct of the defend-
ant during—
‘‘(A) the criminal episode during which the of-
fense occurred; or
‘‘(B) the course of a scheme, conspiracy, or pat-
tern of unlawful activity related to the offense.’’;
(2) in subsection (b)(1)(B) by striking ‘‘imprac-
tical’’ and inserting ‘‘impracticable’’;
(3) in subsection (b)(2) by inserting ‘‘emotional
or’’ after ‘‘resulting in’’;
(4) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (4);
(B) by redesignating paragraph (5) as
paragraph (6); and
(C) by inserting after paragraph (4) the
following new paragraph:
‘‘(5) in any case, reimburse the victim for lost
income and necessary child care, transportation, and
other expenses related to participation in the inves-
tigation or prosecution of the offense or attendance
at proceedings related to the offense; and’’;
(5) in subsection (c) by striking ‘‘If the court
decides to order restitution under this section, the’’
and inserting ‘‘The’’;
(6) by striking subsections (d), (e), (f), (g), and
(h);
(7) by redesignating subsection (i) as subsection
(m); and
(8) by inserting after subsection (c) the follow-
ing:
‘‘(d)(1) The court shall order restitution to a victim
in the full amount of the victim’s losses as determined by
the court and without consideration of—
‘‘(A) the economic circumstances of the of-
fender; or
‘‘(B) the fact that a victim has received or is
entitled to receive compensation with respect to a
loss from insurance or any other source.
‘‘(2) Upon determination of the amount of restitution
owed to each victim, the court shall specify in the restitu-
tion 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 offender;
‘‘(B) projected earnings and other income of
the offender; and
‘‘(C) any financial obligations of the offender,
including obligations to dependents.
‘‘(3) A restitution order may direct the offender to
make a single, lump-sum payment, partial payment at
specified intervals, or such in-kind payments as may be
agreeable to the victim and the offender. A restitution
order shall direct the offender to give appropriate notice
to victims and other persons in cases where there are mul-
tiple victims or other persons who may receive restitution,
and where the identity of such victims and other persons
can be reasonably determined.
‘‘(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) services rendered to the victim or to a per-
son or organization other than the victim.
‘‘(e) When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make
each offender liable for payment of the full amount of res-
titution or may apportion liability among the offenders to
reflect
the
level
of
contribution
and
economic
cir-
cumstances of each offender.
‘‘(f) When the court finds that more than 1 victim
has sustained a loss requiring restitution by an offender,
the court shall order full restitution to each victim but
may provide for different payment schedules to reflect the
economic circumstances of each victim.
‘‘(g)(1) If the victim has received or is entitled to re-
ceive compensation with respect to a loss from insurance
or any other source, the court shall order that restitution
be paid to the person who provided or is obligated to pro-
vide the compensation, but the restitution order shall pro-
vide that all restitution to victims required by the order
(1) by striking ‘‘may’’ and inserting ‘‘shall’’;
and
(2) by striking ‘‘sections 3663 and 3664.’’ and
inserting ‘‘3663A, and may order restitution in ac-
cordance with section 3663. The procedures under sec-
tion 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 amend-
ed—
(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 concern-
ing 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 re-
designated, the following new paragraphs:
‘‘(6) that the defendant—
‘‘(A) make restitution in accordance with
sections 2248, 2259, 2264, 3663, 3663A, and
3664;
‘‘(B) pay the assessment imposed in accord-
ance with section 3013; and
‘‘(7) that the defendant will notify the court of
any material change in the defendant’s economic cir-
cumstances that might affect the defendant’s ability to
pay restitution, fines, or special assessments.’’; and
(2) in subsection (b)—
(A) by striking paragraphs (2) and (3); and
(B) 
by 
redesignating 
paragraphs 
(4)
through (22) as paragraphs (2) through (20), re-
spectively.
SEC. 103. MANDATORY RESTITUTION.
(a) IN GENERAL.—Chapter 232 of title 18, United
States Code, is amended by inserting immediately after sec-
tion 3663 the following new section:
‘‘§ 3663A. Mandatory restitution to victims of certain
crimes
‘‘(a)(1) Notwithstanding any other provision of law,
when sentencing a defendant convicted of an offense de-
scribed 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 purposes of restitution, a victim of an offense
that involves as an element a scheme, conspiracy, or pattern
of criminal activity means any person directly harmed by
the defendant’s criminal conduct in the course of the scheme,
conspiracy, or pattern, 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 representa-
tive of the victim’s estate, another family member, or any
other person appointed as suitable by the court. In no event
shall the defendant be named as such representative or
guardian.
‘‘(3) The court shall also order, if agreed to by the par-
ties 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 dam-
age 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 sub-
paragraph (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 destruc-
tion; or
‘‘(II) the value of the property on
the date of sentencing, less
‘‘(ii) the value (as of the date the prop-
erty 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 serv-
ices 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 re-
lated 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 attend-
ance at proceedings related to the offense.
‘‘(c)(1) This section shall apply in all sentencing pro-
ceedings for convictions of, or plea agreements relating to
charges for, any offense—
‘‘(A) that is—
‘‘(i) a crime of violence, as defined in sec-
tion 16;
‘‘(ii) a felony against property under this
title, including any felony committed by fraud
or deceit;
‘‘(iii) an offense described in section 1365
(relating to tampering with consumer products);
or
vide restitution to any victims, the court may decline to
make such an order.’’;
(2) by striking subsections (c) through (i); and
(3) by adding at the end the following new sub-
section:
‘‘(c) An order of restitution made pursuant to this sec-
tion 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 ac-
cordance with section 3664 in the same manner as an
order under section 3663A.’’;
(C) in paragraph (4), by striking subpara-
graphs (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 ac-
cordance with section 3664 in the same manner as an
order under section 3663A.’’;
(C) in paragraph (4), by striking subpara-
graphs (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 ac-
cordance with section 3664 in the same manner as an
order under section 3663A.’’;
(C) in paragraph (4), by striking subpara-
graphs (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 sub-
section (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, incom-
petent, incapacitated, or deceased, the legal guardian of the
victim or representative of the victim’s estate, another fam-
ily 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.’’.
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:
‘‘§ 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.
‘‘(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 de-
scribed 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 sec-
tion.
‘‘(d)(1) Within 60 days after conviction and, in any
event, not later than 10 days prior to sentencing—
‘‘(A)(i) the United States Attorney (or the Unit-
ed States Attorney’s delegee), after consulting with all
victims, shall prepare and file a statement with the
probation service of the court listing the amounts sub-
ject to restitution;
burden of demonstrating the financial resources of the de-
fendant and the financial needs of the defendant and such
defendant’s dependents shall be on the defendant. The bur-
den 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 con-
sideration of the economic circumstances of the defendant.
‘‘(B) Subject to subsection (k), subparagraph (A) shall
not apply if—
‘‘(i) 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; and
‘‘(ii) the court enters in its order the full amount
of each victim’s losses and provides a full restitution
award with nominal periodic payments.
‘‘(C) 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 deter-
mining 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 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.
‘‘(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 vic-
tim.
‘‘(g)(1) No victim shall be required to participate in
any phase of a restitution order. If a victim declines to re-
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—
(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,’’;
(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 3616A.’’.
(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’’;
(B) by striking ‘‘or assessment shall pay the
fine or assessment’’ and inserting ‘‘, assessment,
or restitution, shall pay the fine, assessment, or
restitution’’; and
(C) by adding at the end the following: ‘‘In
the case of restitution, the victim may request
that payment be made directly to the victim or
the victim’s designee.’’.
(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 inserting ‘‘and’’ at the
end; 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, by means of a form to be provided by
the Attorney General, of any change in the vic-
tim’s mailing address while restitution is still
owed the victim.’’;
(C) in subsection (c)—
(i) in the first sentence, by inserting
‘‘or restitution’’ after ‘‘fine’’;
(ii) by inserting between the first and
second sentences the following: ‘‘In the case
of restitution, the Attorney General shall en-
sure that payments are transferred to the
victim.’’; and
(iii) by adding at the end the follow-
ing: ‘‘Any money received from a defendant
shall be disbursed so that each of the follow-
ing obligations is paid in full in the follow-
ing 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 in-
form 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 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 the heading, by inserting ‘‘or restitu-
tion’’ after ‘‘fine’’;
(B) in subsection (a)—
(i) by striking ‘‘A fine’’ and inserting
the following:
‘‘(1) FINES.—A fine’’;
(ii) by redesignating paragraphs (1)
and (2) as subparagraphs (A) and (B), re-
spectively, and indenting accordingly; and
(iii) by adding at the end the following
new paragraph:
‘‘(2) RESTITUTION.—(A) An order of restitution
shall operate as a lien in favor of the United States
and crime victims against all property belonging to
the defendant or defendants. The lien shall arise at
the time of the entry of judgment or order and shall
continue until the liability is satisfied, remitted, or
set aside, or until it becomes otherwise unenforceable.
Such lien shall apply against all property and prop-
erty interests owned by the defendants at the time of
arrest as well as all property subsequently acquired
by the defendant or defendants.
‘‘(B)(i) In a case in which some or all of the vic-
tims are not ascertainable at the time the restitution
order is issued, the lien shall be entered in the name
of all ascertained victims, if any, and the United
States in behalf of the unascertained victims.
‘‘(ii) If the court determines that all victims have
been ascertained, no lien interest shall arise in favor
of the United States, unless a person entitled to res-
titution chooses not to participate in the restitution
program.
‘‘(iii) In a case in which persons entitled to res-
titution cannot assert their interests in the lien for
any reason, a lien shall arise in favor of the United
States acting in behalf of such persons.
‘‘(iv) In any action to enforce a restitution lien
in which there is more than one lienholder for the
subject property—
‘‘(I) the lienholder seeking to enforce the lien
must notify all other lienholders; and
‘‘(II) the court shall make a determination,
in the interest of justice, of the equitable dis-
tribution of the property subject to the lien.
‘‘(3) JOINTLY
HELD
PROPERTY.—If property
subject to a lien pursuant to this subsection is held
jointly by the defendant and a third party or parties,
the court shall make a determination, in the interest
of justice, as to—
‘‘(A) the enforceability of the lien; and
‘‘(B) the proper distribution of the prop-
erty.’’;
(C) in subsection (b)—
(i) 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 imprison-
ment of the person fined or ordered to pay restitution;
or’’;
(ii) in paragraph (2), by inserting ‘‘or
ordered to pay restitution’’ before the period
at the end; and
(iii) in the second sentence, by insert-
ing ‘‘or ordered to pay restitution’’ after
‘‘person fined’’;
(D) in subsection (c)—
(i) by inserting ‘‘or restitution’’ after
‘‘to a fine’’;
(ii) by inserting ‘‘or ordered to pay
restitution’’ after ‘‘fined’’; and
(iii) by striking ‘‘ ‘fine’ ’’ and insert-
ing ‘‘ ‘fine or restitution’ ’’;
(E) in subsection (d), by inserting ‘‘or res-
titution’’ after ‘‘fine’’; and
(F) in subsection (e)—
(i) by inserting ‘‘or restitution’’ after
‘‘fine’’;
(ii) by inserting ‘‘or ordered to pay
restitution’’ after ‘‘fined’’; and
(iii) by striking ‘‘but in no event’’ and
all that follows through the end of the sub-
section and inserting a period.
(4) HEARING.—Chapter 229 of title 18, United
States Code, is amended by inserting after section
3613 the following new section:
‘‘§ 3613A. Hearing for delinquency
‘‘(a)(1) When a fine or payment of restitution is 60
or more days delinquent, or in default, the court shall, upon
the motion of the United States or of any victim named
in the order to receive restitution, schedule a hearing to con-
sider the delinquency or default. Upon a finding that the
defendant is 60 or more days delinquent in payment, or
in default, 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 pursu-
ant 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 nec-
essary to obtain compliance with the order of a fine or res-
titution.
(A) in the heading, by inserting ‘‘or restitu-
tion’’ after ‘‘fine’’;
(B) in subsection (a), by inserting ‘‘or res-
titution’’ after ‘‘fine’’;
(C) by adding at the end the following new
subsection:
‘‘(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. Hearing for delinquency.
‘‘3614. Resentencing upon failure to pay a fine or restitution.
‘‘3615. Criminal default.
SEC. 107. JUVENILE DELINQUENCY; DISPOSITIONAL HEAR-
ING.
Section 5037 of title 18, United States Code, is amend-
ed—
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting immediately after subsection (c),
the following new subsection:
‘‘(d) If a juvenile has been adjudicated delinquent for
an offense that would have been an offense described in sec-
tion 3663A, 2248, 2259, or 2264 if the juvenile had been
tried and convicted as an adult, the restitution provisions
of such sections shall apply.’’.
SEC. 108. 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. 109. 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-
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. 110. 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. 111. 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—
(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
that victims compensation is not denied to any per-
son 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 re-
quirement in any Federal, State, or local government pro-
gram 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 Direc-
tor, any amount of crime victim compensation that the ap-
plicant receives through a crime victim compensation pro-
gram 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. 112. VICTIMS OF TERRORISM ACT.
(a) AUTHORITY TO PROVIDE ASSISTANCE AND COM-
PENSATION 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 com-
pensation under title VIII of the Omnibus Diplomatic Secu-
rity and Antiterrorism Act of 1986.
‘‘(b) VICTIMS OF DOMESTIC TERRORISM.—The Direc-
tor may make supplemental grants to States for eligible
crime victim compensation and assistance programs to pro-
vide emergency relief, including crisis response efforts, as-
sistance, 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 pursu-
ant 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 pre-
ceding fiscal year as an emergency reserve. Such re-
serve shall not exceed $50,000,000.
‘‘(B) The emergency reserve may be used for sup-
plemental grants under section 1404B and to supple-
ment the funds available to provide grants to States
for compensation and assistance in accordance with
sections 1403 and 1404 in years in which supple-
mental 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 ‘‘sub-
section’’ 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 unobli-
gated sums 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 Mar-
iana Islands, Guam, American Samoa, and
Palau, $200,000.’’.
SEC. 113. 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. 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 unconstitu-
tional, 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. 202. 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 amend-
ments made by this Act have on funds available in the
Crime Victims Fund, including an assessment of any reduc-
tion 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 the findings of the study to the Chairman and
ranking Member of the Committees on the Judiciary of the
Senate and House of Representatives not later than 4 years
after the date of enactment of this Act, together with their
recommendations.
Amend the title so as to read: ‘‘An Act entitled the
Victims Justice Act of 1995’’.
Passed the House of Representatives February 7,
1995.
Attest:
ROBIN H. CARLE,
Clerk.
HR 665 RS——2
HR 665 RS——3
HR 665 RS——4