In the Senate of the United States,
December 22, 1995.
Resolved, That the bill from the House of Representa-
tives (H.R. 665) entitled ‘‘An Act to control crime by manda-
tory 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.
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TITLE II—MISCELLANEOUS PROVISIONS
Sec. 201. Crime victims fund.
Sec. 202. Victims of terrorism act.
Sec. 203. Severability.
Sec. 204. Study and report.
TITLE I—RESTITUTION
SEC. 101. ORDER OF RESTITUTION.
Section 3556 of title 18, United States Code, is amend-
ed—
(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;
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(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, 2327, 3663, 3663A,
and 3664; and
‘‘(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 paragraph (2);
(B) 
by 
redesignating 
paragraphs 
(3)
through (22) as paragraphs (2) through (21), re-
spectively; and
(C) by amending paragraph (2), as redesig-
nated, to read as follows:
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‘‘(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 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 the purposes of this section, the term ‘victim’
means a person directly and proximately harmed as a re-
sult 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 de-
fendant’s criminal conduct in the course of the scheme, con-
spiracy, 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
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estate, another family member, or any other person ap-
pointed 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 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
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‘‘(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
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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) 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 re-
sult 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
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‘‘(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 de-
gree 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 in-
serting ‘‘(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 sec-
tion 46312,’’;
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(C) by inserting ‘‘other than an offense de-
scribed 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 res-
titution under this section, shall consider—
‘‘(I) the amount of the loss sustained by each vic-
tim 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 re-
sulting 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 re-
sult of the commission of an offense for which restitution
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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 de-
fendant’s criminal conduct in the course of the scheme, con-
spiracy, 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 ap-
pointed 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 sub-
sections:
‘‘(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 of-
fense 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 restitu-
tion 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
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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 distrib-
uted 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 restitu-
tion shall be paid to the State entity designated to re-
ceive 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 inter-
fere with a forfeiture under section 981 or 982.
‘‘(5) Notwithstanding section 3612(c) or any other pro-
vision of law, a penalty assessment under section 3013 or
a fine under subchapter C of chapter 227 shall take prece-
dence over an order of restitution under this subsection.
‘‘(6) Requests for community restitution under this
subsection shall be considered in all plea agreements nego-
tiated by the United States.
‘‘(7)(A) The United States Sentencing Commission
shall promulgate guidelines to assist courts in determining
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the amount of restitution that may be ordered under this
subsection.
‘‘(B) No restitution shall be ordered under this sub-
section until such time as the Sentencing Commission pro-
mulgates guidelines pursuant to this paragraph.
‘‘(d) 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-
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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:
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‘‘(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:
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‘‘(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.’’.
(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)—
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(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).
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:
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‘‘§ 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 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—
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‘‘(A)(i) the attorney for the Government, after
consulting with all identified victims, shall promptly
provide the probation service of the court with a list-
ing of the amounts subject to restitution;
‘‘(ii) the attorney for the Government shall pro-
vide notice to all identified victims, informing the
victims of the offenses of which the defendant was con-
victed, the listing of amounts subject to restitution
submitted to the probation service, the victim’s right
to submit information to the probation service con-
cerning the amount of the victim’s losses, and the
scheduled date, time, and place of the sentencing hear-
ing; and
‘‘(iii) if any victim objects to any of the infor-
mation 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 vic-
tim 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, in-
cluding a complete listing of all assets owned or con-
trolled by the defendant as of the date on which the
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defendant was arrested, the financial needs and earn-
ing ability of the defendant and the defendant’s de-
pendents, and other information the court requires re-
lating to such other factors as the court deems appro-
priate.
‘‘(2) After reviewing the report of the probation service
of the court, the court may require additional documenta-
tion or hear testimony. The privacy of any records filed,
or testimony heard, pursuant to this section shall be main-
tained 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 in-
form 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 restitu-
tion 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 connec-
tion with a proposed order of restitution to a magistrate
or special master for proposed findings of fact and rec-
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ommendations as to disposition, subject to a de novo deter-
mination 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 preponder-
ance 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 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) 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
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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
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‘‘(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.
‘‘(2) A victim may at any time assign the victim’s in-
terest in restitution payments to the Crime Victims Fund
in the Treasury without in any way impairing the obliga-
tion 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 restitu-
tion or may apportion liability among the defendants to
reflect the level of contribution to the victim’s loss and eco-
nomic 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