[Congressional Record Volume 141, Number 207 (Friday, December 22, 1995)]
[Senate]
[Pages S19264-S19269]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   THE VICTIM RESTITUTION ACT OF 1995

                                 ______


                  HATCH (AND BIDEN) AMENDMENT NO. 3112

  Mr. WARNER (for Mr. Hatch, for himself and Mr. Biden) proposed an 
amendment to the bill (H.R. 665) to control crime by mandatory victim 
restitution; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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. Instruction to Sentencing Commission.
Sec. 108. Justice Department regulations.
Sec. 109. Special assessments on convicted persons.
Sec. 110. Effective date.

                   TITLE II--MISCELLANEOUS PROVISIONS

Sec. 201. Crime victims fund.
Sec. 202. Victims of terrorism act.
Sec. 203. Severability.
Sec. 204. Study and report.
                          TITLE I--RESTITUTION

     SEC. 101. ORDER OF RESTITUTION.

       Section 3556 of title 18, United States Code, is amended--
       (1) by striking ``may'' and inserting ``shall''; and
       (2) by striking ``sections 3663 and 3664.'' and inserting 
     ``3663A, and may order restitution in accordance with section 
     3663. The procedures under section 3664 shall apply to all 
     orders of restitution under this section.''.

     SEC. 102. CONDITIONS OF PROBATION.

       Section 3563 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in the first paragraph (4) (relating to conditions of 
     probation for a domestic crime of violence), by striking the 
     period and inserting a semicolon;
       (C) by redesignating the second paragraph (4) (relating to 
     conditions of probation concerning drug use and testing) as 
     paragraph (5);
       (D) in paragraph (5), as redesignated, by striking the 
     period at the end and inserting a semicolon; and
       (E) by inserting after paragraph (5), as redesignated, the 
     following new paragraphs:
       ``(6) that the defendant--
       ``(A) make restitution in accordance with sections 2248, 
     2259, 2264, 2327, 3663, 3663A, and 3664; and
       ``(B) pay the assessment imposed in accordance with section 
     3013; and
       ``(7) that the defendant will notify the court of any 
     material change in the defendant's economic circumstances 
     that might affect the defendant's ability to pay restitution, 
     fines, or special assessments.''; and
       (2) in subsection (b)--
     
[[Page S19265]]

       (A) by striking paragraph (2);
       (B) by redesignating paragraphs (3) through (22) as 
     paragraphs (2) through (21), respectively; and
       (C) by amending paragraph (2), as redesignated, to read as 
     follows:
       ``(2) make restitution to a victim of the offense under 
     section 3556 (but not subject to the limitation of section 
     3663(a) or 3663A(c)(1)(A));''.

     SEC. 103. MANDATORY RESTITUTION.

       (a) In General.--Chapter 232 of title 18, United States 
     Code, is amended by inserting immediately after section 3663 
     the following new section:

     ``Sec. 3663A. Mandatory restitution to victims of certain 
       crimes

       ``(a)(1) Notwithstanding any other provision of law, when 
     sentencing a defendant convicted of an offense described in 
     subsection (c), the court shall order, in addition to any 
     other penalty authorized by law, that the defendant make 
     restitution to the victim of the offense, or, if the victim 
     is deceased, to the victim's estate.
       ``(2) For the purposes of this section, the term `victim' 
     means a person directly and proximately harmed as a result of 
     the commission of an offense for which restitution may be 
     ordered including, in the case of an offense that involves as 
     an element a scheme, conspiracy, or pattern of criminal 
     activity, any person directly harmed by the defendant's 
     criminal conduct in the course of the scheme, conspiracy, or 
     pattern. In the case of a victim who is under 18 years of 
     age, incompetent, incapacitated, or deceased, the legal 
     guardian of the victim or representative of the victim's 
     estate, another family member, or any other person appointed 
     as suitable by the court, may assume the victim's rights 
     under this section, but in no event shall the defendant be 
     named as such representative or guardian.
       ``(3) The court shall also order, if agreed to by the 
     parties in a plea agreement, restitution to persons other 
     than the victim of the offense.
       ``(b) The order of restitution shall require that such 
     defendant--
       ``(1) in the case of an offense resulting in damage to or 
     loss or destruction of property of a victim of the offense--
       ``(A) return the property to the owner of the property or 
     someone designated by the owner; or
       ``(B) if return of the property under subparagraph (A) is 
     impossible, impracticable, or inadequate, pay an amount equal 
     to--
       ``(i) the greater of--

       ``(I) the value of the property on the date of the damage, 
     loss, or destruction; or
       ``(II) the value of the property on the date of sentencing, 
     less

       ``(ii) the value (as of the date the property is returned) 
     of any part of the property that is returned;
       ``(2) in the case of an offense resulting in bodily injury 
     to a victim--
       ``(A) pay an amount equal to the cost of necessary 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) pay an amount equal to the cost of necessary physical 
     and occupational therapy and rehabilitation; and
       ``(C) reimburse the victim for 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, pay an amount equal 
     to the cost of necessary funeral and related services; and
       ``(4) in any case, reimburse the victim for 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.
       ``(c)(1) This section shall apply in all sentencing 
     proceedings for convictions of, or plea agreements relating 
     to charges for, any offense--
       ``(A) that is--
       ``(i) a crime of violence, as defined in section 16;
       ``(ii) an offense against property under this title, 
     including any offense committed by fraud or deceit; or
       ``(iii) an offense described in section 1365 (relating to 
     tampering with consumer products); 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 result 
     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 degree 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 inserting 
     ``(a)(1)(A) The court'';
       (B) by inserting ``, section 401, 408(a), 409, 416, 420, or 
     422(a) of the Controlled Substances Act (21 U.S.C. 841, 
     848(a), 849, 856, 861, 863) (but in no case shall a 
     participant in an offense under such sections be considered a 
     victim of such offense under this section),'' before ``or 
     section 46312,'';
       (C) by inserting ``other than an offense described in 
     section 3663A(c),'' after ``title 49,'';
       (D) by inserting before the period at the end the 
     following: ``, or if the victim is deceased, to the victim's 
     estate'';
       (E) by adding at the end the following new subparagraph:
       ``(B)(i) The court, in determining whether to order 
     restitution under this section, shall consider--
       ``(I) the amount of the loss sustained by each victim as a 
     result of the offense; and
       ``(II) 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.
       ``(ii) To the extent that the court determines that the 
     complication and prolongation of the sentencing process 
     resulting from the fashioning of an order of restitution 
     under this section outweighs the need to provide restitution 
     to any victims, the court may decline to make such an 
     order.''; and
       (F) by amending paragraph (2) to read as follows:
       ``(2) For the purposes of this section, the term `victim' 
     means a person directly and proximately harmed as a result of 
     the commission of an offense for which restitution may be 
     ordered including, in the case of an offense that involves as 
     an element a scheme, conspiracy, or pattern of criminal 
     activity, any person directly harmed by the defendant's 
     criminal conduct in the course of the scheme, conspiracy, or 
     pattern. In the case of a victim who is under 18 years of 
     age, incompetent, incapacitated, or deceased, the legal 
     guardian of the victim or representative of the victim's 
     estate, another family member, or any other person appointed 
     as suitable by the court, may assume the victim's rights 
     under this section, but in no event shall the defendant be 
     named as such representative or guardian.'';
       (2) by striking subsections (c) through (i); and
       (3) by adding at the end the following new subsections:
       ``(c)(1) Notwithstanding any other provision of law (but 
     subject to the provisions of subsections (a)(1)(B) (i)(II) 
     and (ii), when sentencing a defendant convicted of an offense 
     described in section 401, 408(a), 409, 416, 420, or 422(a) of 
     the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 
     856, 861, 863), in which there is no identifiable victim, the 
     court may order that the defendant make restitution in 
     accordance with this subsection.
       ``(2)(A) An order of restitution under this subsection 
     shall be based on the amount of public harm caused by the 
     offense, as determined by the court in accordance with 
     guidelines promulgated by the United States Sentencing 
     Commission.
       ``(B) In no case shall the amount of restitution ordered 
     under this subsection exceed the amount of the fine ordered 
     for the offense charged in the case.
       ``(3) Restitution under this subsection shall be 
     distributed as follows:
       ``(A) 65 percent of the total amount of restitution shall 
     be paid to the Victim Assistance Administration of the State 
     in which the crime occurred.
       ``(B) 35 percent of the total amount of restitution shall 
     be paid to the State entity designated to receive Federal 
     substance abuse block grant funds.
       ``(4) The court shall not make an award under this 
     subsection if it appears likely that such award would 
     interfere with a forfeiture under section 981 or 982.
       ``(5) Notwithstanding section 3612(c) or any other 
     provision of law, a penalty assessment under section 3013 or 
     a fine under subchapter C of chapter 227 shall take 
     precedence over an order of restitution under this 
     subsection.
       ``(6) Requests for community restitution under this 
     subsection shall be considered in all plea agreements 
     negotiated by the United States.
       ``(7)(A) The United States Sentencing Commission shall 
     promulgate guidelines to assist courts in determining the 
     amount of restitution that may be ordered under this 
     subsection.
       ``(B) No restitution shall be ordered under this subsection 
     until such time as the Sentencing Commission promulgates 
     guidelines pursuant to this paragraph.
       ``(d) An order of restitution made pursuant to this section 
     shall be issued and enforced in accordance with section 
     3664.''.
       (b) Sexual Abuse.--Section 2248 of title 18, United States 
     Code, is amended--
       (1) in subsection (a), by inserting ``or 3663A'' after 
     ``3663'';
       (2) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Directions.--The order of restitution under this 
     section shall direct the defendant to pay to the victim 
     (through the appropriate court mechanism) the full amount of 

[[Page S19266]]
     the victim's losses as determined by the court pursuant to paragraph 
     (2).'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Enforcement.--An order of restitution under this 
     section shall be issued and enforced in accordance with 
     section 3664 in the same manner as an order under section 
     3663A.'';
       (C) in paragraph (4), by striking subparagraphs (C) and 
     (D); and
       (D) by striking paragraphs (5) through (10);
       (3) by striking subsections (c) through (e); and
       (4) by redesignating subsection (f) as subsection (c).
       (c) Sexual Exploitation and Other Abuse of Children.--
     Section 2259 of title 18, United States Code, is amended--
       (1) in subsection (a), by inserting ``or 3663A'' after 
     ``3663'';
       (2) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Directions.--The order of restitution under this 
     section shall direct the defendant to pay the victim (through 
     the appropriate court mechanism) the full amount of the 
     victim's losses as determined by the court pursuant to 
     paragraph (2).'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Enforcement.--An order of restitution under this 
     section shall be issued and enforced in accordance with 
     section 3664 in the same manner as an order under section 
     3663A.'';
       (C) in paragraph (4), by striking subparagraphs (C) and 
     (D); and
       (D) by striking paragraphs (5) through (10);
       (3) by striking subsections (c) through (e); and
       (4) by redesignating subsection (f) as subsection (e).
       (d) Domestic Violence.--Section 2264 of title 18, United 
     States Code, is amended--
       (1) in subsection (a), by inserting ``or 3663A'' after 
     ``3663'';
       (2) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Directions.--The order of restitution under this 
     section shall direct the defendant to pay the victim (through 
     the appropriate court mechanism) the full amount of the 
     victim's losses as determined by the court pursuant to 
     paragraph (2).'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Enforcement.--An order of restitution under this 
     section shall be issued and enforced in accordance with 
     section 3664 in the same manner as an order under section 
     3663A.'';
       (C) in paragraph (4), by striking subparagraphs (C) and 
     (D); and
       (D) by striking paragraphs (5) through (10);
       (3) by striking subsections (c) through (g); and
       (4) by adding at the end the following new subsection (c):
       ``(c) Victim Defined.--For purposes of this section, the 
     term `victim' means the individual harmed as a result of a 
     commission of a crime under this chapter, including, in the 
     case of a victim who is under 18 years of age, incompetent, 
     incapacitated, or deceased, the legal guardian of the victim 
     or representative of the victim's estate, another family 
     member, or any other person appointed as suitable by the 
     court, but in no event shall the defendant be named as such 
     representative or guardian.''.
       (e) Telemarketing Fraud.--Section 2327 of title 18, United 
     States Code, is amended--
       (1) in subsection (a), by inserting ``or 3663A'' after 
     ``3663'';
       (2) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Directions.--The order of restitution under this 
     section shall direct the defendant to pay to the victim 
     (through the appropriate court mechanism) the full amount of 
     the victim's losses as determined by the court pursuant to 
     paragraph (2).'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Enforcement.--An order of restitution under this 
     section shall be issued and enforced in accordance with 
     section 3664 in the same manner as an order under section 
     3663A.'';
       (C) in paragraph (4), by striking subparagraphs (C) and 
     (D); and
       (D) by striking paragraphs (5) through (10);
       (3) by striking subsections (c) through (e); and
       (4) by redesignating subsection (f) as subsection (c).

     SEC. 105. PROCEDURE FOR ISSUANCE AND ENFORCEMENT OF 
                   RESTITUTION ORDER.

       (a) In General.--Section 3664 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 3664. Procedure for issuance and enforcement of order 
       of restitution

       ``(a) For orders of restitution under this title, the court 
     shall order the probation service of the court to obtain and 
     include in its presentence report, or in a separate report, 
     as the court directs, information sufficient for the court to 
     exercise its discretion in fashioning a restitution order. 
     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 clearly impracticable, the probation 
     service shall so inform the court.
       ``(b) The court shall disclose to both the defendant and 
     the attorney for the Government all portions of the 
     presentence or other report pertaining to the matters 
     described in subsection (a) of this section.
       ``(c) The provisions of this chapter, chapter 227, and Rule 
     32(c) of the Federal Rules of Criminal Procedure shall be the 
     only rules applicable to proceedings under this section.
       ``(d)(1) Within 60 days after conviction and, in any event, 
     not later than 10 days prior to sentencing--
       ``(A)(i) the attorney for the Government, after consulting 
     with all identified victims, shall promptly provide the 
     probation service of the court with a listing of the amounts 
     subject to restitution;
       ``(ii) the attorney for the Government shall provide notice 
     to all identified victims, informing the victims of the 
     offenses of which the defendant was convicted, the listing of 
     amounts subject to restitution submitted to the probation 
     service, the victim's right to submit information to the 
     probation service concerning the amount of the victim's 
     losses, and the scheduled date, time, and place of the 
     sentencing hearing; and
       ``(iii) if any victim objects to any of the information 
     provided to the probation service relating to the amount of 
     the victim's losses subject to restitution, the attorney for 
     the Government shall advise the victim that the victim may 
     file a separate 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, 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 dependents, and other information the court 
     requires relating to such other factors as the court deems 
     appropriate.
       ``(2) After reviewing the report of the probation service 
     of the court, the court may require additional documentation 
     or hear testimony. The privacy of any records filed, or 
     testimony heard, pursuant to this section shall be maintained 
     to the greatest extent possible, and such records may be 
     filed or testimony heard in camera.
       ``(3) If the victim's losses are not ascertainable by the 
     date that is 10 days prior to sentencing as provided in 
     paragraph (1), the attorney for the Government 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 restitutionary relief.
       ``(4) The court may refer any issue arising in connection 
     with a proposed order of restitution to a magistrate or 
     special master for proposed findings of fact and 
     recommendations as to disposition, subject to a de novo 
     determination of the issue by the court.
       ``(e) Any dispute as to the proper amount or type of 
     restitution shall be resolved by the court by the 
     preponderance of the evidence. The burden of demonstrating 
     the amount of the loss sustained by a victim as a result of 
     the offense shall be on the attorney for the Government. The 
     burden of demonstrating the financial resources of the 
     defendant and the financial needs of the defendant and such 
     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.
       ``(f)(1)(A) In each order of restitution, the court shall 
     order restitution to each victim in the full amount of each 
     victim's losses as determined by the court and without 
     consideration of the economic circumstances of the defendant.
       ``(B) In no case shall the fact that a victim has received 
     or is entitled to receive compensation with respect to a loss 
     from insurance or any other source be considered in 
     determining the amount of restitution.
       ``(2) Upon determination of the amount of restitution owed 
     to each victim, the court shall, pursuant to section 3572, 
     specify in the restitution 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 
     defendant, including whether any of these assets are jointly 
     controlled;
       ``(B) projected earnings and other income of the defendant; 
     and
       ``(C) any financial obligations of the defendant; including 
     obligations to dependents.
       ``(3)(A) A restitution order may direct the defendant to 
     make a single, lump-sum payment, partial payment at specified 
     intervals, in-kind payments, or a combination of payments at 
     specified intervals and in-kind payments.
       ``(B) A restitution order may direct the defendant to make 
     nominal periodic payments if the court finds from facts on 
     the record that the economic circumstances of the defendant 
     do not allow the payment of any amount of a restitution 
     order, and do not allow for the payment of the full amount of 


[[Page S19267]]
     a restitution order in the foreseeable future under any reasonable 
     schedule of payments.
       ``(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) if the victim agrees, services rendered to the victim 
     or a person or organization other than the victim.
       ``(g)(1) No victim shall be required to participate in any 
     phase of a restitution order.
       ``(2) A victim may at any time assign the victim's 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.
       ``(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 
     restitution or may apportion liability among the defendants 
     to reflect the level of contribution to the victim's loss and 
     economic 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 issue an order of priority based on the type and 
     amount of each victim's loss, accounting for 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 
     provider 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 that the defendant 
     shall notify the court and the Attorney General of any 
     material change in the defendant's economic circumstances 
     that might affect the defendant'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 victim or victims owed restitution by 
     the defendant have been notified of the change in 
     circumstances. Upon receipt of the notification, the court 
     may, on its own motion, or the motion of any party, including 
     the victim, adjust the payment schedule, or require immediate 
     payment in full, as the interests of justice require.
       ``(l) A conviction of a defendant for an offense involving 
     the act giving rise to an order of restitution shall estop 
     the defendant from denying the essential allegations of that 
     offense in any subsequent Federal civil proceeding or State 
     civil proceeding, to the extent consistent with State law, 
     brought by the victim.
       ``(m)(1)(A)(i) An order of restitution may 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; 
     or
       ``(ii) by all other available and reasonable means.
       ``(B) An order of restitution may also 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 
     services shall be enforced by the probation service of the 
     court.
       ``(n) If a person obligated to provide restitution or pay a 
     fine receives substantial resources from any source, 
     including inheritance, settlement, or other judgment, during 
     a period of incarceration, such person shall be required to 
     apply the value of such resources to any restitution or fine 
     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.''.

     SEC. 106. PROCEDURE.

       (a) Amendment of Federal Rules of Criminal Procedure.--Rule 
     32(b) of the Federal Rules of Criminal Procedure is amended--
       (1) in paragraph (1), by adding at the end the following: 
     ``Notwithstanding the preceding sentence, a presentence 
     investigation and report, or other report containing 
     information sufficient for the court to enter an order of 
     restitution, as the court directs, shall be required in any 
     case in which restitution is required to be ordered.''; and
       (2) in paragraph (4)--
       (A) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (G) and (H), respectively; and
       (B) by inserting after subparagraph (E), the following new 
     subparagraph:
       ``(F) in appropriate cases, information sufficient for the 
     court to enter an order of restitution;''.
       (b) Fines.--Section 3572 of title 18, United States Code, 
     is amended--
       (1) in subsection (b) by inserting ``other than the United 
     States,'' after ``offense,'';
       (2) in subsection (d)--
       (A) in the first sentence, by striking ``A person sentenced 
     to pay a fine or other monetary penalty'' and inserting ``(1) 
     A person sentenced to pay a fine or other monetary penalty, 
     including restitution,'';
       (B) by striking the third sentence; and
       (C) by adding at the end the following:
       ``(2) If the judgment, or, in the case of a restitution 
     order, the order, permits other than immediate payment, the 
     length of time over which scheduled payments will be made 
     shall be set by the court, but shall be the shortest time in 
     which full payment can reasonably be made.
       ``(3) A judgment for a fine which permits payments in 
     installments shall include a requirement that the defendant 
     will notify the court of any material change in the 
     defendant's economic circumstances that might affect the 
     defendant's ability to pay the fine. Upon receipt of such 
     notice the court may, on its own motion or the motion of any 
     party, adjust the payment schedule, or require immediate 
     payment in full, as the interests of justice require.'';
       (3) in subsection (f), by inserting ``restitution'' after 
     ``special assessment,'';
       (4) in subsection (h), by inserting ``or payment of 
     restitution'' after ``A fine''; and
       (5) in subsection (i)--
       (A) in the first sentence, by inserting ``or payment of 
     restitution'' after ``A fine''; and
       (B) by amending the second sentence to read as follows: 
     ``Notwithstanding any installment schedule, when a fine or 
     payment of restitution is in default, the entire amount of 
     the fine or restitution is due within 30 days after 
     notification of the default, subject to the provisions of 
     section 3613A.''.
       (c) Postsentence Administration.--
       (1) Payment of a fine or restitution.--Section 3611 of 
     title 18, United States Code, is amended--
       (A) by amending the heading to read as follows:

     ``Sec. 3611. Payment of a fine or restitution''; 

     and
       (B) by striking ``or assessment shall pay the fine or 
     assessment'' and inserting ``, assessment, or restitution, 
     shall pay the fine, assessment, or restitution''.
       (2) Collection.--Section 3612 of title 18, United States, 
     is amended--
       (A) by amending the heading to read as follows:

     ``Sec. 3612. Collection of unpaid fine or restitution'';

       (B) in subsection (b)(1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``or restitution order'' after ``fine'';
       (ii) in subparagraph (C), by inserting ``or restitution 
     order'' after ``fine'';
       (iii) in subparagraph (E), by striking ``and'';
       (iv) in subparagraph (F)--

       (I) by inserting ``or restitution order'' after ``fine''; 
     and
       (II) by striking the period at the end and inserting ``; 
     and''; and

       (v) by adding at the end the following new subparagraph:
       ``(G) in the case of a restitution order, information 
     sufficient to identify each victim to whom restitution is 
     owed. It shall be the responsibility of each victim to notify 
     the Attorney General, or the appropriate entity of the court, 
     by means of a form to be provided by the Attorney General or 
     the court, of any change in the victim's mailing address 
     while restitution is still owed the victim. The 
     confidentiality of any information relating to a victim shall 
     be maintained.'';
       (C) in subsection (c)--
       (i) in the first sentence, by inserting ``or restitution'' 
     after ``fine''; and
       (ii) by adding at the end the following: ``Any money 
     received from a defendant shall be disbursed so that each of 
     the following obligations is paid in full in the following 
     sequence:
       ``(1) A penalty assessment under section 3013 of title 18, 
     United States Code.
       ``(2) Restitution of all victims.
       ``(3) All other fines, penalties, costs, and other payments 
     required under the sentence.'';
       (D) in subsection (d)--
       (i) by inserting ``or restitution'' after ``fine''; and
       (ii) by striking ``is delinquent, to inform him that the 
     fine is delinquent'' and inserting ``or restitution is 
     delinquent, to inform the person of the delinquency'';
       (E) in subsection (e)--
       (i) by inserting ``or restitution'' after ``fine''; and
       (ii) by striking ``him that the fine is in default'' and 
     inserting ``the person that the fine or restitution is in 
     default'';
       (F) in subsection (f)--
       (i) in the heading, by inserting ``and restitution'' after 
     ``on fines''; and
       (ii) in paragraph (1), by inserting ``or restitution'' 
     after ``any fine'';
       (G) in subsection (g), by inserting ``or restitution'' 
     after ``fine'' each place it appears; and
       (H) in subsection (i), by inserting ``and restitution'' 
     after ``fines''.
       (3) Civil remedies.--Section 3613 of title 18, United 
     States Code, is amended--
       (A) in subsection (b), by amending paragraph (1) to read as 
     follows:
       ``(1) the later of 20 years after the entry of the judgment 
     or 20 years after the release from imprisonment of the person 
     fined or ordered to pay restitution; or''; and
     
[[Page S19268]]

       (B) in subsection (e), by striking ``, but in no event'' 
     and all that follows through the end of the subsection and 
     inserting a period.
       (4) Default.--Chapter 229 of title 18, United States Code, 
     is amended by inserting after section 3613 the following new 
     section:

     ``Sec. 3613A. Effect of default

       ``(a)(1) Upon a finding that the defendant is in default on 
     a payment of a fine or restitution, the court may, pursuant 
     to section 3565, revoke probation or a term of supervised 
     release or modify the terms or conditions of probation on a 
     term of supervised release, resentence a defendant pursuant 
     to section 3614, hold the defendant in contempt of court, 
     enter a restraining order or injunction, order the sale of 
     property of the defendant, accept a performance bond, enter 
     or adjust a payment schedule, or take any other action 
     necessary to obtain compliance with the order of a fine or 
     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 circumstances that 
     may have a bearing on the defendant's ability to comply with 
     the order of a fine or restitution.
       ``(b)(1) Any hearing held pursuant to this section may be 
     conducted by a magistrate judge, subject to de novo review by 
     the court.
       ``(2) To the extent practicable, in a hearing held pursuant 
     to 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 
     communications technology without removing the prisoner from 
     the facility in which the prisoner is confined.
       ``(3) Subject to the agreement of the official of the 
     Federal, 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--
       (A) in the heading, by inserting ``or restitution'' after 
     ``fine'';
       (B) in subsection (a), by inserting ``or restitution'' 
     after ``fine''; and
       (C) by adding at the end the following new subsection:
       ``(c) Effect of Indigency.--In no event shall a defendant 
     be incarcerated under this section solely on the basis of 
     inability to make payments because the defendant is 
     indigent.''.
       (d) Conforming Amendment.--The analysis for subchapter B of 
     chapter 229 of title 18, United States Code, is amended to 
     read as follows:

``Sec.
``3611. Payment of a fine or restitution.
``3612. Collection of an unpaid fine or restitution.
``3613. Civil remedies for collection of an unpaid fine or restitution.
``3613A. Effect of default.
``3614. Resentencing upon failure to pay a fine or restitution.
``3615. Criminal default.''.

     SEC. 107. INSTRUCTION TO SENTENCING COMMISSION.

       Pursuant to section 994 of title 28, United States Code, 
     the United States Sentencing Commission shall promulgate 
     guidelines or amend existing guidelines to reflect this Act 
     and the amendments made by this Act.

     SEC. 108. JUSTICE DEPARTMENT REGULATIONS.

       Not later than 90 days after the date of enactment of this 
     Act, the Attorney General shall promulgate guidelines, or 
     amend existing guidelines, to carry out this Act and to 
     ensure that--
       (1) in all plea agreements negotiated by the United States, 
     consideration is given to requesting that the defendant 
     provide full restitution to all victims of all charges 
     contained in the indictment or information, without regard to 
     the counts to which the defendant actually pleaded; and
       (2) orders of restitution made pursuant to the amendments 
     made by this Act are enforced to the fullest extent of the 
     law.

     SEC. 109. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.

       Section 3013(a)(2) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``$50'' and inserting 
     ``not less than $100''; and
       (2) in subparagraph (B), by striking ``$200'' and inserting 
     ``not less than $400''.

     SEC. 110. EFFECTIVE DATE.

       The amendments made by this title shall be effective for 
     sentencing proceedings in cases in which the defendant is 
     convicted on or after the date of enactment of this Act.
                   TITLE II--MISCELLANEOUS PROVISIONS

     SEC. 201. CRIME VICTIMS FUND.

       (a) Prohibition of Payments to Delinquent Criminal Debtors 
     by State Crime Victim Compensation Programs.--
       (1) In general.--Section 1403(b) of the Victims of Crime 
     Act of 1984 (42 U.S.C. 10602(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (7);
       (B) by redesignating paragraph (8) as paragraph (9); and
       (C) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) such program does not provide compensation to any 
     person who has been convicted of an offense under Federal law 
     with respect to any time period during which the person is 
     delinquent in paying a fine or other monetary penalty imposed 
     for the offense; and''.
       (2) Application of amendment.--The amendment made by 
     paragraph (1) shall not be applied to deny victims 
     compensation to any person until the date on which the 
     Attorney General, in consultation with the Director of the 
     Administrative Office of the United States Courts, issues a 
     written determination that a cost-effective, readily 
     available criminal debt payment tracking system operated by 
     the agency responsible for the collection of criminal debt 
     has established cost-effective, readily available 
     communications links with entities that administer Federal 
     victims compensation programs that are sufficient to ensure 
     that victims compensation is not denied to any person except 
     as authorized by law.
       (b) Exclusion From Income for Purposes of Means Tests.--
     Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 
     10602) is amended by inserting after subsection (b) the 
     following new subsection:
       ``(c) Exclusion From Income for Purposes of Means Tests.--
     Notwithstanding any other law, for the purpose of any maximum 
     allowed income eligibility requirement in any Federal, State, 
     or local government program using Federal funds that provides 
     medical or other assistance (or payment or reimbursement of 
     the cost of such assistance) that becomes necessary to an 
     applicant for such assistance in full or in part because of 
     the commission of a crime against the applicant, as 
     determined by the Director, any amount of crime victim 
     compensation that the applicant receives through a crime 
     victim compensation program under this section shall not 
     be included in the income of the applicant until the total 
     amount of assistance that the applicant receives from all 
     such programs is sufficient to fully compensate the 
     applicant for losses suffered as a result of the crime.''.

     SEC. 202. VICTIMS OF TERRORISM ACT.

       (a) Authority To Provide Assistance and Compensation to 
     Victims of Terrorism.--The Victims of Crime Act of 1984 (42 
     U.S.C. 10601 et seq.) is amended by inserting after section 
     1404A the following new section:

     ``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF 
                   TERRORISM OR MASS VIOLENCE.

       ``(a) Victims of Acts of Terrorism Outside the United 
     States.--The Director may make supplemental grants to States 
     to provide compensation and assistance to the residents of 
     such States who, while outside the territorial boundaries of 
     the United States, are victims of a terrorist act or mass 
     violence and are not persons eligible for compensation under 
     title VIII of the Omnibus Diplomatic Security and 
     Antiterrorism Act of 1986.
       ``(b) Victims of Domestic Terrorism.--The Director may make 
     supplemental grants to States for eligible crime victim 
     compensation and assistance programs to provide emergency 
     relief, including crisis response efforts, assistance, 
     training, and technical assistance, for the benefit of 
     victims of terrorist acts or mass violence occurring within 
     the United States and may provide funding to United States 
     Attorney's Offices for use in coordination with State victims 
     compensation and assistance efforts in providing emergency 
     relief.''.
       (b) Funding of Compensation and Assistance to Victims of 
     Terrorism, Mass Violence, and Crime.--Section 1402(d)(4) of 
     the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is 
     amended to read as follows:
       ``(4)(A) If the sums available in the Fund are sufficient 
     to fully provide grants to the States pursuant to section 
     1403(a)(1), the Director may retain any portion of the Fund 
     that was deposited during a fiscal year that was in excess of 
     110 percent of the total amount deposited in the Fund during 
     the preceding fiscal year as an emergency reserve. Such 
     reserve shall not exceed $50,000,000.
       ``(B) The emergency reserve may be used for supplemental 
     grants under section 1404B and to supplement the funds 
     available to provide grants to States for compensation and 
     assistance in accordance with sections 1403 and 1404 in years 
     in which supplemental grants are needed.''.
       (c) Crime Victims Fund Amendments.--
       (1) Unobligated funds.--Section 1402 of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10601) is amended--
       (A) in subsection (c), by striking ``subsection'' and 
     inserting ``chapter''; and
       (B) by amending subsection (e) to read as follows:
       ``(e) Amounts Awarded and Unspent.--Any amount awarded as 
     part of a grant under this chapter that remains unspent at 
     the end of a fiscal year in which the grant is made may be 
     expended for the purpose for which the grant is made at any 
     time during the 2 succeeding fiscal years, at the end of 
     which period, any remaining unobligated sums in excess of 
     $500,000 shall be returned to the Treasury. Any remaining 
     unobligated sums in an amount less than $500,000 shall be 
     returned to the Fund.''.
       (2) Base amount.--Section 1404(a)(5) of such Act (42 U.S.C. 
     10603(a)(5)) is amended to read as follows:
       ``(5) As used in this subsection, the term `base amount' 
     means--
       ``(A) except as provided in subparagraph (B), $500,000; and
       ``(B) for the territories of the Northern Mariana Islands, 
     Guam, American Samoa, 

[[Page S19269]]
     and the Republic of Palau, $200,000, with the Republic of Palau's share 
     governed by the Compact of Free Association between the 
     United States and the Republic of Palau.''.

     SEC. 203. SEVERABILITY.

       If any provision of this Act, an amendment made by this 
     Act, or the application of such provision or amendment to any 
     person or circumstance is held to be unconstitutional, the 
     remainder of this Act, the amendments made by this Act, and 
     the application of the provisions of such to any person or 
     circumstance shall not be affected thereby.

     SEC. 204. STUDY AND REPORT.

       (a) Study.--The Attorney General, in cooperation with the 
     Director of the Administrative Office of the United States 
     Courts, shall conduct a study of the funds paid out of the 
     Crime Victims Fund and the impact that the amendments made by 
     this Act have on funds available in the Crime Victims Fund, 
     including an assessment of any reduction or increase in fines 
     collected and deposited into the Fund directly attributable 
     to the amendments made by this Act.
       (b) Report.--The Attorney General and the Director of the 
     Administrative Office of the United States Courts shall 
     report interim findings to the Chairman and ranking Member of 
     the Committees on the Judiciary of the Senate and House of 
     Representatives 1 year after the date of enactment of this 
     Act, an annually thereafter until issuing a final report, 
     together with recommendations, not later than 4 years after 
     the date of enactment of this Act.

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