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under section 307. The Attorney General may extend the
life of the task force for a period of not to exceed one
year.
Subtitle B—Victims’ Rights
SEC. 871. RESTITUTION AMENDMENTS.
Section 3663(b) of title 18, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by redesignating paragraph (4) as para-
graph (5); and
(3) by inserting after paragraph (4) the follow-
ing new paragraph:
‘‘(4) in any case, reimburse the victim for nec-
essary child care, transportation, and other expenses
related to participation in the investigation or pros-
ecution of the offense or attendance at proceedings
related to the offense; and’’.
(b) SUSPENSION OF FEDERAL BENEFITS.—Section
3663 of title 18, United States Code, is amended—
(1) by redesignating subsections (g) and (h) as
subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the follow-
ing new subsection:
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‘‘(g)(1) If the defendant is delinquent in making res-
titution in accordance with any schedule of payments or
any requirement of immediate payment imposed under
this section, the court may, after a hearing, suspend the
defendant’s eligibility for all Federal benefits until such
time as the defendant demonstrates to the court good-
faith efforts to return to such schedule.
‘‘(2) In this subsection—
‘‘(A) ‘Federal benefits’—
‘‘(i) means any grant, contract, loan, pro-
fessional license, or commercial license provided
by an agency of the United States or by appro-
priated funds of the United States; and
‘‘(ii) does not include any retirement, wel-
fare, Social Security, health, disability, veterans
benefit, public housing, or other similar benefit,
or any other benefit for which payments or
services are required for eligibility.
‘‘(B) ‘veterans benefit’ means all benefits pro-
vided to veterans, their families, or survivors by vir-
tue of the service of a veteran in the Armed Forces
of the United States.’’.
SEC. 872. RIGHT OF THE VICTIM TO AN IMPARTIAL JURY.
Rule 24(b) of the Federal Rules of Criminal Proce-
dure is amended by striking ‘‘the Government is entitled
266
to 6 peremptory challenges and the defendant or defend-
ants jointly to 10 peremptory challenges’’ and inserting
‘‘each side is entitled to 6 peremptory challenges’’.
SEC. 873. 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) by striking ‘‘may order’’ and inserting
‘‘shall order’’; and
(B) by adding at the end the following new
paragraph:
‘‘(4) In addition to ordering restitution of the
victim of the offense of which a defendant is con-
victed, a court may order restitution of any person
who, as shown by a preponderance of evidence, was
harmed physically, emotionally, or pecuniarily, by
unlawful conduct of the defendant during—
‘‘(A) the criminal episode during which the
offense occurred; or
‘‘(B) the course of a scheme, conspiracy, or
pattern of unlawful activity related to the
offense.’’;
(2) in subsection (b)(1)(A) by striking ‘‘imprac-
tical’’ and inserting ‘‘impracticable’’;
267
(3) in subsection (b)(2) by inserting ‘‘emotional
or’’ after ‘‘resulting in’’;
(4) in subsection (c) by striking ‘‘If the Court
decides to order restitution under this section, the’’
and inserting ‘‘The’’;
(5) by striking subsections (d), (e), (f), (h), and
(i), as redesignated by section 871(b)(1);
(6) by redesignating subsection (g), as added by
section 871(b)(2), as subsection (d); and
(7) by adding at the end the following new sub-
sections:
‘‘(e)(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;
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‘‘(B) projected earnings and other income of
the offender; and
‘‘(C) any financial obligations of the offender,
including obligations to dependents.
‘‘(3) A restoration 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.
‘‘(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.
‘‘(f) 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.
‘‘(g) When the court finds that more than 1 victim
has sustained a loss requiring restitution by an offender,
the court shall order full restitution of each victim but may
provide for different payment schedules to reflect the eco-
nomic circumstances of each victim.
269
‘‘(h)(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 of victims required by the order
be paid to the victims before any restitution is paid to
such a provider of compensation.
‘‘(2) The issuance of a restitution order shall not af-
fect the entitlement of a victim to receive compensation
with respect to a loss from insurance or any other source
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.
‘‘(i) A restitution order shall provide that—
‘‘(1) all fines, penalties, costs, restitution pay-
ments and other forms of transfers of money or
270
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;
‘‘(B) notify the court and the interested
parties when an offender is 90 days in arrears
in meeting those obligations; and
‘‘(C) disburse money received from an of-
fender so that each of the following obligations
is paid in full in the following sequence:
‘‘(i) a penalty assessment under sec-
tion 3013;
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(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 the following new sub-
section:
‘‘(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.’’.
Subtitle C—National Child
Protection Act
SEC. 881. SHORT TITLE.
This subtitle may be cited as the ‘‘National Child
Protection Act of 1993’’.
274
SEC. 882. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) more than 2,500,000 reports of suspected
child abuse and neglect are made each year, and in-
creases have occurred in recent years in the abuse
of children by persons who have previously commit-
ted crimes of child abuse or other serious crimes;
(2) although the great majority of child care
providers are caring and dedicated professionals,
child abusers and others who harm or prey on chil-
dren frequently seek employment in or volunteer for
positions that give them access to children;
(3) nearly 6,000,000 children received day care
in 1990, and this total is growing rapidly to an esti-
mated 8,000,000 children by 1995;
(4) exposure to child abusers and others who
harm or prey on children is harmful to the physical
and emotional well-being of children;
(5) there is no reliable, centralized national
source through which child care organizations may
obtain the benefit of a nationwide criminal back-
ground check on persons who provide or seek to pro-
vide child care;
(6) some States maintain automated criminal
background files and provide criminal history infor-
275
mation to child care organizations on persons who
provide or seek to provide child care; and
(7) because State and national criminal jus-
tice databases are inadequate to permit effective na-
tional background checks, persons convicted of
crimes of child abuse or other serious crimes may
gain employment at a child care organization.
(b) PURPOSES.—The purposes of this subtitle are—
(1) to establish a national system through
which child care organizations may obtain the bene-
fit of a nationwide criminal background check to de-
termine if persons who are current or prospective
child care providers have committed child abuse
crimes or other serious crimes;
(2) to establish minimum criteria for State laws
and procedures that permit child care organizations
to obtain the benefit of nationwide criminal back-
ground checks to determine if persons who are cur-
rent or prospective child care providers have commit-
ted child abuse crimes or other serious crimes;
(3) to provide procedural rights for persons who
are subject to nationwide criminal background
checks, including procedures to challenge and correct
inaccurate background check information;
276
(4) to establish a national system for the re-
porting by the States of child abuse crime informa-
tion; and
(5) to document and study the problem of child
abuse by providing statistical and informational data
on child abuse and related crimes to the Department
of Justice and other interested parties.
SEC. 883. DEFINITIONS.
In this subtitle—
‘‘authorized agency’’ means a division or office
of a State designated by a State to report, receive,
or disseminate information under this subtitle.
‘‘background check crime’’ means a child abuse
crime, murder, manslaughter, aggravated assault,
kidnapping, arson, sexual assault, domestic violence,
incest, indecent exposure, prostitution, promotion of
prostitution, and a felony offense involving the use
or distribution of a controlled substance.
‘‘child’’ means a person who is a child for pur-
poses of the criminal child abuse law of a State.
‘‘child abuse’’ means the physical or mental in-
jury, sexual abuse or exploitation, neglectful treat-
ment, negligent treatment, or maltreatment of a
child by any person in violation of the criminal child
abuse laws of a State, but does not include discipline
277
administered by a parent or legal guardian to his or
her child provided it is reasonable in manner and
moderate in degree and otherwise does not con-
stitute cruelty.
‘‘child abuse crime’’ means a crime committed
under any law of a State that establishes criminal
penalties for the commission of child abuse by a par-
ent or other family member of a child or by any
other person.
‘‘child abuse crime information’’ means the fol-
lowing facts concerning a person who is under in-
dictment for, or has been convicted of, a child abuse
crime: full name, social security number, age, race,
sex, date of birth, height, weight, hair and eye color,
legal residence address, a brief description of the
child abuse crime or offenses for which the person
is under indictment or has been convicted, and any
other information that the Attorney General deter-
mines may be useful in identifying persons under in-
dictment for, or convicted of, a child abuse crime.
‘‘child care’’ means the provision of care, treat-
ment, education, training, instruction, supervision,
or recreation to children.
278
‘‘domestic violence’’ means a felony or mis-
demeanor involving the use or threatened use of
force by—
(A) a present or former spouse of the vic-
tim;
(B) a person with whom the victim shares
a child in common;
(C) a person who is cohabiting with or has
cohabited with the victim as a spouse; or
(D) any person defined as a spouse of the
victim under the domestic or family violence
laws of a State.
‘‘exploitation’’ means child pornography and
child prostitution.
‘‘mental injury’’ means harm to a child’s psy-
chological or intellectual functioning, which may be
exhibited by severe anxiety, depression, withdrawal
or outward aggressive behavior, or a combination of
those behaviors or by a change in behavior, emo-
tional response, or cognition.
‘‘national criminal background check system’’
means the system of information and identification
relating to convicted and accused child abuse offend-
ers that is maintained by the Attorney General
under this subtitle.