datamatters24/research-document-archive huggingface dataset:
ceive restitution made mandatory by this title, the court
shall order that the victim’s share of any restitution owed
be deposited in the Crime Victims Fund in the Treasury.
In the case of in-kind restitution ordered pursuant to sub-
section (f)(1)(B) or (f)(3), the court shall order that restitu-
tion be made to the State crime victim compensation pro-
gram in the State in which the victim resides.
‘‘(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 provide for different payment schedules to reflect
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
other source, the court shall order that restitution shall be
paid to the person who provided or is obligated to provide
the compensation, but the restitution order shall provide
that all restitution of victims required by the order be paid
to the victims before any restitution is paid to such a pro-
vider of compensation.
‘‘(2) Any amount paid to a victim under an order of
restitution shall be reduced by any amount later recovered
as compensatory damages for the same loss 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.
‘‘(k) A restitution order shall provide the following:
‘‘(1) That the entry, collection, and enforcement
of an order of restitution shall be governed by the pro-
visions of this section, subchapter C of chapter 227,
and subchapter B of chapter 229.
‘‘(2) That the defendant shall notify the court
and the Attorney General of any material change in
the defendant’s economic circumstances that might af-
fect the defendant’s ability to pay restitution. The At-
torney General shall certify to the court that the vic-
petitioned for and been denied or refused recognition
as an Indian tribe under regulations prescribed by
the Secretary;
(D) any Indian group whose relationship with
the Federal Government was expressly terminated
by an Act of Congress; and
(E) any Indian group that, in any action in a
United States court to which the group was a party,
has previously attempted to establish its status as
an Indian tribe or a successor-in-interest to an In-
dian tribe that was a party to a treaty with the
United States, and—
(i) was determined by such court not to be
an Indian tribe; or
(ii) was determined by such court not to be
a successor-in-interest to an Indian tribe that
was a party to a treaty with the United States;
or
(iii) was the subject of findings of fact by
such court which, if made by the Commission,
would show that the group was incapable of es-
tablishing one or more of the criteria set forth
in this section.
(3)(A) No later than 30 days after the date on which
all of the members of the Commission have been appointed
HR 667 EH
‘‘(C) such crimes including murder, assault
with intent to commit murder, arson, armed
burglary, rape, assault with intent to commit
rape, kidnapping, and armed robbery;
‘‘(3) the term ‘State’ means a State of the
United States, the District of Columbia, or any com-
monwealth, territory, or possession of the United
States; and
‘‘(4) the term ‘an eligible system of consequen-
tial sanctions for juvenile offenders’ means that the
State or States organized as a regional compact, as
the case may be—
‘‘(A)(i) have established or are in the proc-
ess of establishing a system of sanctions for the
State’s juvenile justice system in which the
State bases dispositions for juveniles on a scale
of increasingly severe sanctions for the commis-
sion of a repeat delinquent act, particularly if
the subsequent delinquent act committed by
such juvenile is of similar or greater seriousness
or if a court dispositional order for a delinquent
act is violated; and
‘‘(ii) such dispositions should, to the extent
practicable, require the juvenile delinquent to
compensate victims for losses and compensate
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.
Attorney General concerning the extension of the program
under this section.
‘‘SEC. 509. DEFINITIONS.
‘‘As used in this title—
‘‘(1) the term ‘indeterminate sentencing’ means
a system by which—
‘‘(A) the court has discretion on imposing
the actual length of the sentence imposed, up to
the statutory maximum; and
‘‘(B) an administrative agency, generally
the parole board, controls release between
court-ordered minimum and maximum sen-
tence;
‘‘(2) the term ‘serious violent felony’ means—
‘‘(A) an offense that is a felony and has as
an element the use, attempted use, or threat-
ened use of physical force against the person or
property of another and has a maximum term
of imprisonment of 10 years or more,
‘‘(B) any other offense that is a felony and
that, by its nature, involves a substantial risk
that physical force against the person or prop-
erty of another may be used in the course of
committing the offense and has a maximum
term of imprisonment of 10 years or more, or
‘‘(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.’’.
Passed the House of Representatives February 7,
1995.
Attest:
ROBIN H. CARLE,
Clerk.
I 
114TH CONGRESS 
1ST SESSION 
H. R. 819 
To require the Administrator of the Federal Aviation Administration to use 
the definitions in section 40125 of title 49, United States Code, in 
determining whether an unmanned aircraft conducting aeronautical re-
search flights qualifies for public aircraft status under that section, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2015 
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To require the Administrator of the Federal Aviation Admin-
istration to use the definitions in section 40125 of title 
49, United States Code, in determining whether an un-
manned aircraft conducting aeronautical research flights 
qualifies for public aircraft status under that section, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
23:11 Feb 13, 2015
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Frm 00001
Fmt 6652
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tkelley on DSK3SPTVN1PROD with BILLS
HR 666 RFS
‘‘§ 3510. Admissibility of evidence obtained by search
or seizure
‘‘(a) EVIDENCE OBTAINED BY OBJECTIVELY REA-
SONABLE SEARCH OR SEIZURE.—Evidence which is ob-
tained as a result of a search or seizure shall not be ex-
cluded in a proceeding in a court of the United States
on the ground that the search or seizure was in violation
of the fourth amendment to the Constitution of the United
States, if the search or seizure was carried out in cir-
cumstances justifying an objectively reasonable belief that
it was in conformity with the fourth amendment. The fact
that evidence was obtained pursuant to and within the
scope of a warrant constitutes prima facie evidence of the
existence of such circumstances.
‘‘(b) EVIDENCE NOT EXCLUDABLE BY STATUTE OR
RULE.—
‘‘(1) GENERALLY.—Evidence shall not be ex-
cluded in a proceeding in a court of the United
States on the ground that it was obtained in viola-
tion of a statute, an administrative rule or regula-
tion, or a rule of procedure unless exclusion is ex-
pressly authorized by statute or by a rule prescribed
by the Supreme Court pursuant to statutory author-
ity.
‘‘(2) SPECIAL RULE RELATING TO OBJECTIVELY
REASONABLE SEARCHES AND SEIZURES.—Evidence
‘‘(C) such crimes including murder, assault
with intent to commit murder, arson, armed
burglary, rape, assault with intent to commit
rape, kidnapping, and armed robbery;
‘‘(3) the term ‘State’ means a State of the
United States, the District of Columbia, or any com-
monwealth, territory, or possession of the United
States; and
‘‘(4) the term ‘an eligible system of consequen-
tial sanctions for juvenile offenders’ means that the
State or States organized as a regional compact, as
the case may be—
‘‘(A)(i) have established or are in the proc-
ess of establishing a system of sanctions for the
State’s juvenile justice system in which the
State bases dispositions for juveniles on a scale
of increasingly severe sanctions for the commis-
sion of a repeat delinquent act, particularly if
the subsequent delinquent act committed by
such juvenile is of similar or greater seriousness
or if a court dispositional order for a delinquent
act is violated; and
‘‘(ii) such dispositions should, to the extent
practicable, require the juvenile delinquent to
compensate victims for losses and compensate
HR 666 RFS
which is otherwise excludable under paragraph (1)
shall not be excluded if the search or seizure was
carried out in circumstances justifying an objectively
reasonable belief that the search or seizure was in
conformity with the statute, administrative rule or
regulation, or rule of procedure, the violation of
which occasioned its being excludable.
‘‘(c) RULES OF CONSTRUCTION.—This section shall
not be construed to require or authorize the exclusion of
evidence in any proceeding. Nothing in this section shall
be construed so as to violate the fourth article of amend-
ments to the Constitution of the United States.
‘‘(d) LIMITATION.—This section shall not apply with
respect to a search or seizure carried out by, or under
the authority of, the Bureau of Alcohol, Tobacco and Fire-
arms.
‘‘(e) LIMITATION.—This section shall not apply with
respect to a search or seizure carried out by, or under
the authority of, the Internal Revenue Service.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 223 of title 18, United States
Code, is amended by adding at the end the following:
‘‘3510. Admissibility of evidence obtained by search or seizure.’’.
105TH CONGRESS
2D SESSION
H. R. 4237
AN ACT
To amend the District of Columbia Convention
Center and Sports Arena Authorization Act of
1995 to revise the revenues and activities covered
under such Act, and for other purposes.
tim or victims owed restitution by the defendant have
been notified of the change in circumstances. Upon re-
ceipt of the notification, the court may, on its own
motion, or the motion of any party, including the vic-
tim, adjust the payment schedule, or require imme-
diate payment in full, as the interests of justice re-
quire.
‘‘(l)(1) An order of restitution shall be enforced by the
United States in the manner provided for in subchapter C
of chapter 227 and subchapter B of chapter 229 of this title,
and may be enforced by a victim named in the order to
receive the restitution, in the same manner as a judgment
in a civil action.
‘‘(2) An order of in-kind restitution in the form of serv-
ices shall be enforced by the probation service of the court.
‘‘(m) If a person obligated to provide restitution re-
ceives substantial resources from any source, including in-
heritance, settlement, or other judgment, during a period
of incarceration, such person shall be required to apply the
value of such resources to any restitution still owed.’’.
(b) TECHNICAL AMENDMENT.—The item relating to
section 3664 in the analysis for chapter 232 of title 18,
United States Code, is amended to read as follows:
‘‘3664. Procedure for issuance and enforcement of order of restitution.’’.
‘‘(2) In determining what action to take, the court
shall consider the defendant’s employment status, earning
ability, financial resources, the willfulness in failing to
comply with the restitution order, and any other cir-
cumstances that may have a bearing on the defendant’s
ability to comply with the order of a fine or restitution.
‘‘(b)(1) A hearing under this subsection may be con-
ducted by a magistrate judge, subject to de novo review by
the court.
‘‘(2) To the extent practicable, in a hearing under this
section involving a defendant who is confined in any jail,
prison, or other correctional facility, proceedings in which
the prisoner’s participation is required or permitted shall
be conducted by telephone, video conference, or other com-
munications technology without removing the prisoner from
the facility in which the prisoner is confined.
‘‘(3) Subject to the agreement of the official of the Fed-
eral, State, or local unit of government with custody over
the prisoner, hearings may be conducted at the facility in
which the prisoner is confined. To the extent practicable,
the court shall allow counsel to participate by telephone,
video conference, or other communications technology in
any hearing held at the facility.’’.
(5) RESENTENCING.—Section 3614 of title 18,
United States Code, is amended—
105TH CONGRESS
2D SESSION
H. R. 4237
AN ACT
To amend the District of Columbia Convention Center and
Sports Arena Authorization Act of 1995 to revise the
revenues and activities covered under such Act, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
(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 defendant’s depend-
ents, and such other factors as the court deems appropriate.
The probation service of the court shall include the informa-
tion 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 deter-
mination of the issue by the court.’’.
Union Calendar No. 6
104TH CONGRESS
1ST SESSION
H. R. 665
[Report No. 104–16]
A BILL
To control crime by mandatory victim restitution.
FEBRUARY 2, 1995
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
‘‘(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.’’.
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. Juvenile delinquency; dispositional hearing.
Sec. 108. Instruction to Sentencing Commission.
Sec. 109. Justice Department regulations.
Sec. 110. Special assessments on convicted persons.
Sec. 111. Crime Victims Fund.
Sec. 112. Victims of terrorism act.
Sec. 113. Effective date.
TITLE II—MISCELLANEOUS PROVISIONS
Sec. 201. Severability.
Sec. 202. Study and report.
TITLE I—RESTITUTION
SEC. 101. ORDER OF RESTITUTION.
Section 3556 of title 18, United States Code, is amend-
ed—
‘‘(iv) an offense described in part D of the
Controlled Substances Act (21 U.S.C. 841 et
seq.); 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
‘‘(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 ‘‘other than an offense de-
scribed in section 3663A(c),’’ after ‘‘under this
title or section 46312, 46502, or 46504 of title
49,’’;
(C) by inserting before the period at the end
the following: ‘‘, or if the victim is deceased, to
the victim’s estate’’; and
(D) by adding at the end the following new
subparagraph:
‘‘(B) The court, in determining whether to order res-
titution under this section, shall consider the amount of the
loss sustained by each victim as a result of the offense, and
may consider 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. To the extent that the court deter-
mines that the complication and prolongation of the sen-
tencing process resulting from the fashioning of an order
of restitution under this section outweighs the need to pro-
‘‘(ii) the statement shall be signed by the United
States Attorney (or the United States Attorney’s
delegee) and the victims; and
‘‘(iii) if any victim objects to any of the infor-
mation included in the statement, the United States
Attorney (or the United States Attorney’s delegee)
shall advise the victim that the victim may file a sep-
arate 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
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) If the court concludes, after reviewing the report
of the probation service of the court and the supporting doc-
umentation, that there is a substantial reason for doubting
the authenticity or veracity of the records submitted, the
court may require additional documentation or hear testi-
mony on those questions. The privacy of any records filed,