until the payments actually received by the victim under
the restitution order fully compensate the victim for the
loss, at which time a person that has provided compensa-
tion to the victim shall be entitled to receive any payments
remaining to be paid under the restitution order.
‘‘(3) Any amount paid to a victim under an order of
restitution shall be set off against any amount later recov-
ered as compensatory damages by the victim in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent
provided by the law of the State.
‘‘(h) A restitution order shall provide that—
‘‘(1) all fines, penalties, costs, restitution pay-
ments and other forms of transfers of money or
property made pursuant to the sentence of the court
shall be made by the offender to an entity des-
ignated by the Director of the Administrative Office
of the United States Courts for accounting and pay-
ment by the entity in accordance with this sub-
section;
‘‘(2) the entity designated by the Director of
the Administrative Office of the United States
Courts shall—
‘‘(A) log all transfers in a manner that
tracks the offender’s obligations and the cur-
rent status in meeting those obligations, unless,
after efforts have been made to enforce the res-
titution order and it appears that compliance
cannot be obtained, the court determines that
continued recordkeeping under this subpara-
graph would not be useful; and
‘‘(B) notify the court and the interested
parties when an offender is 30 days in arrears
in meeting those obligations; and
‘‘(3) the offender shall advise the entity des-
ignated by the Director of the Administrative Office
of the United States Courts of any change in the of-
fender’s address during the term of the restitution
order.
‘‘(i) A restitution order shall constitute a lien against
all property of the offender and may be recorded in any
Federal or State office for the recording of liens against
real or personal property.
‘‘(j) Compliance with the schedule of payment and
other terms of a restitution order shall be a condition of
any probation, parole, or other form of release of an of-
fender. If a defendant fails to comply with a restitution
order, the court may revoke probation or a term of super-
vised release, modify the term or conditions of probation
or a term of supervised release, hold the defendant in con-
tempt of court, enter a restraining order or injunction,
order the sale of property of the defendant, accept a per-
formance bond, or take any other action necessary to ob-
tain compliance with the restitution order. In determining
what action to take, the court shall consider the defend-
ant’s employment status, earning ability, financial re-
sources, the willfulness in failing to comply with the res-
titution order, and any other circumstances that may have
a bearing on the defendant’s ability to comply with the
restitution order.
‘‘(k) An order of restitution may be enforced—
‘‘(1) by the United States—
‘‘(A) in the manner provided for the collec-
tion and payment of fines in subchapter B of
chapter 229 of this title; or
‘‘(B) in the same manner as a judgment in
a civil action; and
‘‘(2) by a victim named in the order to receive
the restitution, in the same manner as a judgment
in a civil action.
‘‘(l) A victim or the offender may petition the court
at any time to modify a restitution order as appropriate
in view of a change in the economic circumstances of the
offender.’’.
(b) PROCEDURE FOR ISSUING ORDER OF RESTITU-
TION.—Section 3664 of title 18, United States Code, is
amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d),
and (e) as subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated
by paragraph (2), to read as follows:
‘‘(a) The court may order the probation service of the
court to obtain information pertaining to the amount of
loss sustained by any victim as a result of the offense,
the financial resources of the defendant, the financial
needs and earning ability of the defendant and the defend-
ant’s dependents, and such other factors as the court
deems appropriate. The probation service of the court
shall include the information collected in the report of
presentence investigation or in a separate report, as the
court directs.’’; and
(4) by adding at the end thereof the following
new subsection:
‘‘(e) 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-
ommendations as to disposition, subject to a de novo de-
termination of the issue by the court.’’.
Æ