quires relating to such other factors as the court deems 
appropriate. 
‘‘(f) ADDITIONAL
DOCUMENTATION
OR
TESTI-
MONY.—After reviewing the report of the probation offi-
cer, the court may require additional documentation or 
hear testimony. The privacy of any records filed, or testi-
mony heard, pursuant to this section shall be maintained 
to the greatest extent possible, and such records may be 
filed or testimony heard in camera. 
‘‘(g) DATE FOR FINAL DETERMINATION.—If a vic-
tim’s losses are not ascertainable by the date that is 10 
days before sentencing, the attorney for the Government 
or the probation officer 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 restitution. 
‘‘(h) REFERRAL TO MAGISTRATE OR SPECIAL MAS-
TER.—The court may refer any issue arising in connection 
with a proposed order of restitution to a magistrate judge 
or special master for proposed findings of fact and rec-
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ommendations as to disposition, subject to a de novo de-
termination of the issue by the court. 
‘‘(i) BURDENS OF PROOF.—Any dispute as to the 
proper amount or type of restitution shall be resolved by 
the court by the preponderance of the evidence. The bur-
den of demonstrating the amount of the loss sustained by 
a victim of restitution as a result of the offense shall be 
on the attorney for the Government. The burden of dem-
onstrating the financial resources of the defendant and the 
financial needs of the 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. 
‘‘(j) ORDER OF PAYMENT.— 
‘‘(1) Upon determination of the amount of res-
titution owed to each victim, the court shall order 
that the full amount of restitution is due and pay-
able immediately. 
‘‘(2) The court shall specify in the restitution 
order the manner in which the restitution is to be 
paid. The court may provide for payment in install-
ments according to a schedule, based on— 
‘‘(A) the financial resources and other as-
sets of the defendant, including whether any of 
these assets are jointly controlled; 
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‘‘(B) projected earnings and other income 
of the defendant; and 
‘‘(C) any financial obligations of the de-
fendant; including obligations to dependents. 
‘‘(3) The Attorney General may collect and 
apply unreported or otherwise newly available assets 
to the payment of restitution, without regard to any 
installment payment provisions. 
‘‘(k) ORDER AS FINAL JUDGMENT.—A sentence that 
imposes an order of restitution is a final judgment not-
withstanding the fact that— 
‘‘(1) such a sentence can subsequently be— 
‘‘(A) corrected under Rule 35 of the Fed-
eral Rules of Criminal Procedure and section 
3742 of chapter 235 of this title; 
‘‘(B) appealed and modified under section 
3742; 
‘‘(C) amended under subsection (d)(5); or 
‘‘(D) adjusted under section 3664(k), 
3572, or 3613A; or 
‘‘(2) the defendant may be resentenced under 
section 3565 or 3614. 
‘‘(l) JOINT AND SEVERAL RESPONSIBILITY.—If the 
offense involves more than one defendant, the court may 
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order each defendant jointly and severally liable for any 
or all of the restitution. 
‘‘(m) SUPERVISED RELEASE.—A court shall not ter-
minate a term of supervised release under section 3583(e) 
before the order to pay restitution has been completely 
satisfied. A court shall extend a term of supervised release 
beyond that otherwise imposed under other provisions of 
law, until the defendant has paid the restitution in full 
or the court determines the economic circumstances of the 
defendant do not allow the payment of any further restitu-
tion. If the supervised release is extended under this sub-
section, the court shall order that the sole condition of 
supervised release shall be payment of restitution. 
‘‘(n) EFFECT
OF INSURANCE
AND OTHER COM-
PENSATION.— 
‘‘(1) INSURANCE.—In no case shall the fact 
that a victim receives or is entitled to receive com-
pensation with respect to a loss from insurance or 
any other source be considered in determining the 
amount of restitution. If a victim receives compensa-
tion from insurance or any other source with respect 
to a loss, the court shall order that restitution be 
paid to the person who provided or is obligated to 
provide the compensation, but the restitution order 
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shall provide that all victims be paid before such a 
provider of compensation. 
‘‘(2) OTHER
COMPENSATION.—Any amount 
paid to a victim under an order of restitution shall 
be reduced by any amount later recovered as com-
pensatory damages for the same loss by the victim 
in— 
‘‘(A) any Federal civil proceeding; and 
‘‘(B) any State civil proceeding, to the ex-
tent provided by the law of the State. 
‘‘(o) DETAILS OF PAYMENTS.— 
‘‘(1) MINIMUM
PAYMENT
REQUIRED.—A res-
titution order may direct the defendant to make 
nominal periodic payments if the court finds on the 
record that the economic circumstances of the de-
fendant 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 fore-
seeable future under any reasonable schedule of pay-
ments. 
‘‘(2) IN-KIND PAYMENTS.—An in-kind payment 
may be in the form of return of property, replace-
ment of property, or if the victim agrees, services 
rendered to the victim or a person or organization 
other than the victim. 
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‘‘(p) DIFFERENT PAYMENT SCHEDULES FOR MUL-
TIPLE VICTIMS.—If the court finds that more than 1 vic-
tim has sustained a loss requiring restitution by a defend-
ant, the court may provide for a different payment sched-
ule for each victim, based on their individual losses and 
economic circumstances. In any case in which the United 
States is a victim, the court shall ensure that all other 
victims receive full restitution before the United States re-
ceives any restitution. 
‘‘(q) MATERIAL CHANGE IN DEFENDANT’S ABILITY 
TO PAY.—The defendant shall notify the court and the 
Attorney General of any material change in the defend-
ant’s economic circumstances that might affect the de-
fendant’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 victims have been notified of the change in cir-
cumstances. Upon receipt of the notification, the court 
may, on its own motion, or the motion of any party, in-
cluding the victim, adjust the payment schedule, or require 
immediate payment in full, as the interests of justice re-
quire. 
‘‘(r) NAME AND ADDRESS CHANGES.—It is the re-
sponsibility of the victim to provide any change in name 
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or mailing address to the court while restitution is still 
owed. Not later than 30 days after any change in name 
or mailing or residence address, a person owing restitution 
shall promptly report the change to the court. The con-
fidentiality of any information relating to a victim shall 
be maintained. 
‘‘(s) ENFORCEMENT.— 
‘‘(1) GENERALLY.—An order of restitution may 
be enforced by the United States in the manner pro-
vided for in subchapter C of chapter 227 and sub-
chapter B of chapter 229 of this title. 
‘‘(2) ABSTRACT OF JUDGMENT.—At the request 
of a victim named in a restitution order, the clerk 
of the court shall issue an abstract of judgment cer-
tifying that a judgment has been entered in favor of 
such victim in the amount specified in the restitution 
order. Upon registering, recording, docketing, or in-
dexing such abstract in accordance with the rules 
and requirements relating to judgments of the court 
of the State where the district court is located, the 
abstract of judgment shall be a lien on the property 
of the defendant located in such State in the same 
manner and to the same extent and under the same 
conditions as a judgment of a court of general juris-
diction in that State. 
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‘‘(3) SPECIAL RULE FOR IN-KIND ORDERS.—An 
order of in-kind restitution in the form of services 
shall be enforced by the probation officer. 
‘‘(t) EFFECT OF ADDITIONAL RESOURCES.—If a per-
son obligated to provide restitution, or pay a fine, receives 
additional resources from any source, including inherit-
ance, settlement, or other judgment, during a period of 
incarceration or supervision, such person shall be required 
to apply the value of such resources to any restitution or 
fine still owed. 
‘‘(u) RIGHTS OF VICTIMS.— 
‘‘(1) NOT REQUIRED TO PARTICIPATE.—No vic-
tim shall be required to participate in any phase of 
a restitution order. 
‘‘(2) ASSIGNMENT TO FUND.—A victim may at 
any time assign an 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. 
‘‘(v) NO CAUSE OF ACTION CREATED AGAINST THE 
UNITED STATES OR ITS OFFICERS OR EMPLOYEES.— 
Nothing in this section or section or 3663 shall be con-
strued to create a cause of action not otherwise authorized 
in favor of any person against the United States or any 
officer or employee of the United States.’’. 
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SEC. 3. TABLE OF SECTIONS AMENDMENT. 
The table of sections at the beginning of chapter 232 
of title 18, United States Code, is amended by striking 
the item relating to sections 3663 and all that follows the 
item relating to section 3664 and inserting the following: 
‘‘3663. Mandatory restitution. 
‘‘3664. Procedure for issuance and enforcement of order of restitution.’’. 
SEC. 4. EFFECT OF RESTITUTION ORDER ON SENTENCE OF 
PROBATION. 
Section 3564 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(f) RELATION TO RESTITUTION ORDER.—The court 
shall not terminate a term of probation under section 
3564(c) if the defendant has an unsatisfied order of res-
titution. The court shall extend probation for such a de-
fendant beyond any term otherwise provided by law until 
the order is satisfied or the court determines the economic 
circumstances of the defendant do not allow the payment 
of any further restitution.. The sole condition of such ex-
tended probation shall be the satisfaction of that order.’’. 
SEC. 5. CONFORMING AMENDMENTS AND REPEALS. 
(a) ELIMINATION
OF
SPECIALIZED
MANDATORY 
RESTITUTION
PROVISIONS.—Title 18, United States 
Code, is amended by striking— 
(1) section 1593; 
(2) section 2248; 
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(3) section 2259; 
(4) section 2264; and 
(5) section 2327. 
(b) CONFORMING AMENDMENTS TO TABLES.—The 
table of sections for each of the chapters of title 18, 
United States Code, from which a section is striken by 
subsection (a) is amended by striking the item relating 
to that section. 
(c) ELIMINATION OF PROCEDURAL MATTERS MOVED 
TO RESTITUTION SECTIONS.—Section 3612(b)(1) of title 
18, United States Code, is amended— 
(1) by striking subparagraphs (F) and (G); 
(2) by inserting ‘‘and’’ at the end of subpara-
graph (D); and 
(3) by striking the semicolon at the end of sub-
paragraph (E) and inserting a period. 
(d) CROSS
REFERENCE
CORRECTIONS.—Section 
3563(a)(6)(A) of title 18, United States Code, is amended 
by striking ‘‘2248, 2259, 2327, 3663, 3663A, and 3664’’ 
and inserting ‘‘3663 and 3664’’. 
SEC. 6. SPECIAL FORFEITURE OF COLLATERAL PROFITS 
FROM CRIME. 
Subsection (a) of section 3681 of title 18, United 
States Code, is amended by striking ‘‘ the interest of jus-
tice or an order of restitution’’ and all that follows through 
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the end of the subsection and inserting ‘‘the compelling 
interest of preventing wrongdoers from profiting from 
their crimes or of providing restitution to the victims of 
those crimes so requires, order the offender (or any trans-
feree of that defendant) to forfeit any profits made pos-
sible by the offense.’’. 
SEC. 7. MASHA’S LAW. 
(a) IN GENERAL.—Section 2255 of title 18, United 
States Code, is amended to read as follows: 
‘‘§ 2255. Civil remedy 
‘‘(a) Any person who is a victim while a minor of a 
violation of section 2241(c), 2242, 2251, 2251A, 2252, 
2252A, 2260, 2421, 2422, or 2423 may in a civil action 
obtain appropriate relief. 
‘‘(b) A plaintiff in an action under this section shall 
be deemed to have sustained damages of no less than 
$150,000 in value. 
‘‘(c) An action under this section is barred if the com-
plaint is filed more than 10 years after the right of action 
accrues.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 110 of title 18, United States 
Code, is amended so that the item relating to section 2255 
reads as follows: 
‘‘2255. Civil remedy.’’. 
Æ 
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