I 
109TH CONGRESS 
2D SESSION 
H. R. 5673 
To amend title 18, United States Code, to make restitution mandatory for 
Federal crimes, and to simplify and streamline its procedures, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2006 
Mr. CHABOT (for himself, Mr. POE, Mr. GOHMERT, and Mr. GINGREY) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend title 18, United States Code, to make restitution 
mandatory for Federal crimes, and to simplify and 
streamline its procedures, and for other purposes. 
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 ‘‘Criminal Restitution 
Improvement Act of 2006’’. 
VerDate Aug 31 2005 
22:45 Jun 23, 2006
Jkt 049196
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5673.IH
H5673
rwilkins on PROD1PC63 with BILLS
SEC. 2. MANDATORY RESTITUTION FOR FEDERAL OF-
FENSES. 
Title 18, United States Code, is amended by striking 
section 3663 and all that follows through section 3664 and 
inserting the following: 
‘‘§ 3663. Mandatory restitution 
‘‘(a) RESTITUTION
REQUIRED.—The court shall 
order a convicted defendant to make restitution for all pe-
cuniary loss to identifiable victims, including pecuniary 
loss resulting from physical injury to, or the death of, an-
other, proximately resulting from the offense. 
‘‘(b) TO WHOM MADE.— 
‘‘(1) GENERALLY.—The court shall order res-
titution be made to each victim of the offense. 
‘‘(2) DEFINITION OF VICTIM.—As used in this 
section and section 3664, the term ‘victim’ means— 
‘‘(A) each identifiable person or entity suf-
fering the pecuniary loss (and any successor to 
that person or entity); and 
‘‘(B) others, as agreed to in a plea agree-
ment or otherwise provided by law. 
‘‘(c) EXTENT OF RESTITUTION.—Restitution shall 
compensate the victim for all of the victim’s pecuniary 
loss, including— 
‘‘(1) the victim’s costs of seeking and collecting 
restitution; 
VerDate Aug 31 2005 
22:45 Jun 23, 2006
Jkt 049196
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5673.IH
H5673
rwilkins on PROD1PC63 with BILLS
‘‘(2) in the case of an offense resulting in bodily 
injury to a victim— 
‘‘(A) an amount equal to the cost of nec-
essary 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) an amount equal to the cost of nec-
essary physical and occupational therapy and 
rehabilitation; and 
‘‘(C) 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, 
amount equal to the cost of necessary funeral and 
related services; and 
‘‘(4) 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. 
VerDate Aug 31 2005 
22:45 Jun 23, 2006
Jkt 049196
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5673.IH
H5673
rwilkins on PROD1PC63 with BILLS
‘‘(d) SPECIAL RULE FOR MISDEMEANORS.—In the 
case of a misdemeanor, an order of restitution may be in 
lieu of any other penalty. 
‘‘(e) ALTERNATIVE ARRANGEMENTS IN LIGHT OF 
PRACTICAL PROBLEMS.—The court shall provide as com-
plete a restitution to as many victims as possible, though 
not the full restitution to all victims otherwise required 
by this section, to the extent the court finds on the record 
that— 
‘‘(1) the number of identifiable victims is so 
large as to make restitution impracticable; or 
‘‘(2) determining complex issues of fact related 
to the cause or amount of a victim’s losses would 
complicate or prolong the sentencing process to such 
a degree that the need to provide restitution to that 
victim is outweighed by the burden on the sen-
tencing process. 
‘‘§ 3664. Procedure for issuance and enforcement of 
order of restitution 
‘‘(a) REPORT BY PROBATION OFFICER.— 
‘‘(1) DUTY TO MAKE.—The probation officer 
shall obtain and include in the presentence report, or 
in a separate report, as the court may direct, infor-
mation sufficient for the court to fashion a restitu-
tion order. 
VerDate Aug 31 2005 
22:45 Jun 23, 2006
Jkt 049196
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5673.IH
H5673
rwilkins on PROD1PC63 with BILLS
‘‘(2) CONTENTS.—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 impracticable, the probation officer 
shall so inform the court and make the best efforts 
possible to estimate the loss and identify the victims. 
‘‘(b) DISCLOSURE TO PARTIES.—The court shall dis-
close to the defendant, the attorney for the Government, 
and, upon request, potential recipients of restitution, all 
portions of the presentence or other report pertaining to 
the matters described in subsection (a). 
‘‘(c) INFORMATION FROM ATTORNEY FOR THE GOV-
ERNMENT.—The attorney for the Government shall pro-
vide to the probation officer any information the Attorney 
for the Government has relevant to the matters required 
to be reported under subsection (a). 
‘‘(d) NOTICE
TO VICTIMS.—The probation officer 
shall, before submitting the presentence report under sub-
section (a), to the extent practicable— 
‘‘(1) provide notice to all identified victims of— 
VerDate Aug 31 2005 
22:45 Jun 23, 2006
Jkt 049196
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5673.IH
H5673
rwilkins on PROD1PC63 with BILLS
‘‘(A) the offense or offenses of which the 
defendant was convicted; 
‘‘(B) the amounts subject to restitution 
submitted to the probation officer; 
‘‘(C) the opportunity of the victim to sub-
mit information to the probation officer con-
cerning the amount of the victim’s losses; 
‘‘(D) the scheduled date, time, and place of 
the sentencing hearing; 
‘‘(E) the availability of a lien in favor of 
the victim; and 
‘‘(F) the opportunity of the victim to file 
with the probation officer a separate affidavit 
relating to the amount of the victim’s losses 
subject to restitution; and 
‘‘(2) provide the victim with an affidavit form 
to submit pursuant to paragraph (1)(F). 
‘‘(e) DEFENDANT’S AFFIDAVIT AS TO FINANCES.— 
Each defendant shall prepare and file with the probation 
officer 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 de-
pendents, and such other information that the court re-
VerDate Aug 31 2005 
22:45 Jun 23, 2006
Jkt 049196
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5673.IH
H5673
rwilkins on PROD1PC63 with BILLS