[Congressional Record Volume 141, Number 207 (Friday, December 22, 1995)]
[Senate]
[Pages S19273-S19282]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    THE VICTIMS JUSTICE ACT OF 1995

  Mr. WARNER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar 257, H.R. 665, the 
victims restitution bill.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 665) to control crime by mandatory victim 
     restitution.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, with an amendment to strike all after the enacting clause and 
inserting in lieu thereof 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. 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 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, 3663, 3663A, and 3664;
       ``(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)--
       (A) by striking paragraphs (2) and (3); and
       (B) by redesignating paragraphs (4) through (22) as 
     paragraphs (2) through (20), respectively.

     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 purposes of restitution, a victim of an offense 
     that involves as an element a scheme, conspiracy, or pattern 
     of criminal activity means any person directly harmed by the 
     defendant's criminal conduct in the course of the scheme, 
     conspiracy, or pattern, 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. 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;
     
[[Page S19274]]

       ``(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) a felony against property under this title, 
     including any felony committed by fraud or deceit;
       ``(iii) an offense described in section 1365 (relating to 
     tampering with consumer products); or
       ``(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 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 ``other than an offense described 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 
     restitution 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 
     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.'';
       (2) by striking subsections (c) through (i); and
       (3) by adding at the end the following new subsection:
       ``(c) 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 
     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.''.

     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.
       ``(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 United States Attorney (or the United States 
     Attorney's delegee), after consulting with all victims, shall 
     prepare and file a statement with the probation service of 
     the court listing the amounts subject to restitution;
       ``(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 information 
     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 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) If the court concludes, after reviewing the report of 
     the probation service of the court and the supporting 
     documentation, that there is a substantial reason for 
     doubting the authenticity or veracity of the records 
     submitted, the court may require additional documentation or 
     hear testimony on those questions. 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 United States Attorney (or the United 
     States Attorney's delegee) 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 

[[Page S19275]]
     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) Subject to subsection (k), subparagraph (A) shall not 
     apply if--
       ``(i) 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 a restitution 
     order in the foreseeable future under any reasonable schedule 
     of payments; and
       ``(ii) the court enters in its order the full amount of 
     each victim's losses and provides a full restitution award 
     with nominal periodic payments.
       ``(C) 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 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.
       ``(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. If a victim declines to receive 
     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 subsection 
     (f)(1)(B) or (f)(3), the court shall order that 
     restitution be made to the State crime victim compensation 
     program in the State in which the victim resides.
       ``(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 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 
     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 the following:
       ``(1) That the entry, collection, and enforcement of an 
     order of restitution shall be governed by the provisions 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 affect the defendant's 
     ability to pay restitution. 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)(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 
     services shall be enforced by the probation service of the 
     court.
       ``(m) If a person obligated to provide restitution 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 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 3616A.''.
       (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'';

       (B) by striking ``or assessment shall pay the fine or 
     assessment'' and inserting ``, assessment, or restitution, 
     shall pay the fine, assessment, or restitution''; and
       (C) by adding at the end the following: ``In the case of 
     restitution, the victim may request that payment be made 
     directly to the victim or the victim's designee.''.
       (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 inserting ``and'' at the end; and

       (v) by adding at the end the following new subparagraph:
     
[[Page S19276]]

       ``(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, by means of a form to be provided by 
     the Attorney General, of any change in the victim's mailing 
     address while restitution is still owed the victim.'';
       (C) in subsection (c)--
       (i) in the first sentence, by inserting ``or restitution'' 
     after ``fine'';
       (ii) by inserting between the first and second sentences 
     the following: ``In the case of restitution, the Attorney 
     General shall ensure that payments are transferred to the 
     victim.''; and
       (iii) 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 the heading, by inserting ``or restitution'' after 
     ``fine'';
       (B) in subsection (a)--
       (i) by striking ``A fine'' and inserting the following:
       ``(1) Fines.--A fine'';
       (ii) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     accordingly; and
       (iii) by adding at the end the following new paragraph:
       ``(2) Restitution.--(A) An order of restitution shall 
     operate as a lien in favor of the United States and crime 
     victims against all property belonging to the defendant or 
     defendants. The lien shall arise at the time of the entry of 
     judgment or order and shall continue until the liability is 
     satisfied, remitted, or set aside, or until it becomes 
     otherwise unenforceable. Such lien shall apply against all 
     property and property interests owned by the defendants at 
     the time of arrest as well as all property subsequently 
     acquired by the defendant or defendants.
       ``(B)(i) In a case in which some or all of the victims are 
     not ascertainable at the time the restitution order is 
     issued, the lien shall be entered in the name of all 
     ascertained victims, if any, and the United States in behalf 
     of the unascertained victims.
       ``(ii) If the court determines that all victims have been 
     ascertained, no lien interest shall arise in favor of the 
     United States, unless a person entitled to restitution 
     chooses not to participate in the restitution program.
       ``(iii) In a case in which persons entitled to restitution 
     cannot assert their interests in the lien for any reason, a 
     lien shall arise in favor of the United States acting in 
     behalf of such persons.
       ``(iv) In any action to enforce a restitution lien in which 
     there is more than one lienholder for the subject property--
       ``(I) the lienholder seeking to enforce the lien must 
     notify all other lienholders; and
       ``(II) the court shall make a determination, in the 
     interest of justice, of the equitable distribution of the 
     property subject to the lien.
       ``(3) Jointly held property.--If property subject to a lien 
     pursuant to this subsection is held jointly by the defendant 
     and a third party or parties, the court shall make a 
     determination, in the interest of justice, as to--
       ``(A) the enforceability of the lien; and
       ``(B) the proper distribution of the property.'';
       (C) in subsection (b)--
       (i) 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'';
       (ii) in paragraph (2), by inserting ``or ordered to pay 
     restitution'' before the period at the end; and
       (iii) in the second sentence, by inserting ``or ordered to 
     pay restitution'' after ``person fined'';
       (D) in subsection (c)--
       (i) by inserting ``or restitution'' after ``to a fine'';
       (ii) by inserting ``or ordered to pay restitution'' after 
     ``fined''; and
       (iii) by striking `` `fine' '' and inserting `` `fine or 
     restitution' '';
       (E) in subsection (d), by inserting ``or restitution'' 
     after ``fine''; and
       (F) in subsection (e)--
       (i) by inserting ``or restitution'' after ``fine'';
       (ii) by inserting ``or ordered to pay restitution'' after 
     ``fined''; and
       (iii) by striking ``but in no event'' and all that follows 
     through the end of the subsection and inserting a period.
       (4) Hearing.--Chapter 229 of title 18, United States Code, 
     is amended by inserting after section 3613 the following new 
     section:

     ``Sec. 3613A. Hearing for delinquency

       ``(a)(1) When a fine or payment of restitution is 60 or 
     more days delinquent, or in default, the court shall, upon 
     the motion of the United States or of any victim named in the 
     order to receive restitution, schedule a hearing to consider 
     the delinquency or default. Upon a finding that the defendant 
     is 60 or more days delinquent in payment, or in default, 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) A hearing under this subsection may be conducted 
     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 
     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'';
       (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. Hearing for delinquency.
``3614. Resentencing upon failure to pay a fine or restitution.
``3615. Criminal default.''.

     SEC. 107. JUVENILE DELINQUENCY; DISPOSITIONAL HEARING.

       Section 5037 of title 18, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting immediately after subsection (c), the 
     following new subsection:
       ``(d) If a juvenile has been adjudicated delinquent for an 
     offense that would have been an offense described in section 
     3663A, 2248, 2259, or 2264 if the juvenile had been tried and 
     convicted as an adult, the restitution provisions of such 
     sections shall apply.''.

     SEC. 108. 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. 109. 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. 110. 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. 111. 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 

[[Page S19277]]
     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. 112. 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 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, and Palau, $200,000.''.

     SEC. 113. 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. 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. 202. 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 the findings of the study to the Chairman and ranking 
     Member of the Committees on the Judiciary of the Senate and 
     House of Representatives not later than 4 years after the 
     date of enactment of this Act, together with their 
     recommendations.

  Mr. WARNER. Mr. President, I ask unanimous consent that the Senate 
agree to a substitute amendment offered by Senators Hatch and Biden 
which is at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 3112) was agreed to.
  (The text of the amendment is printed in today's Record under 
``Amendments Submitted.'')
  Mr. HATCH. Mr. President, I rise in strong support of Victims Justice 
Act. As reported by the Judiciary Committee, and amended by the 
managers' substitute offered by myself and Senator Biden, this bill 
will fill a tremendous gap in our criminal justice system. This 
legislation represents an important step toward a criminal justice 
system in which the rights and needs of the victim are respected.
  This legislation has a long history. Congress first enacted a general 
Federal victim restitution statute in 1982 as a part of the Victim and 
Witness Protection Act (Public Law 97-291). The 1982 act sought to 
remedy the unfortunate situation noted even then by the Judiciary 
Committee that:

       . . . restitution . . . lost its priority status in the 
     sentencing procedures of our federal courts long ago. As a 
     matter of practice, [restitution] is infrequently used and 
     indifferently enforced.

  The 1982 act provided, for the first time, Federal courts with the 
authority to order payments of restitution independently of a sentence 
of probation, and required the court to state its reasons for the 
record in instances in which restitution was not ordered.
  The legislation enacted in 1982 has been the subject of modest 
amendments in the years since, but remains substantially intact as 
enacted 13 years ago. Unfortunately, however, while strides have been 
made since 1982 towards a greater respect for victims in the criminal 
justice system, much progress remains to be made in the area of victim 
restitution. According to the 1994 Annual Report of the U.S. Sentencing 
Commission, during Fiscal Year 1994, Federal courts ordered restitution 
in only 20.2 percent of criminal cases. Data from the same report show 
that restitution was ordered in only 27.9 percent of all murders, 28.2 
percent of all kidnappings, 55.2 percent of all robberies, and 12.5 
percent of all sexual abuses cases. That is simply not enough. It is 
just as important for a victim of violent crime to receive recompense 
for her injuries as it is for a victim of property crime to have the 
property returned, or otherwise paid for. Restitution, as a concept of 
justice, extends far beyond the mere return of property.
  Language substantially similar to H.R. 665 has passed the Senate on 
three previous occasions. However, this language was never approved in 
legislation presented to the President.

  In 1994, Congress enacted the Violence Against Women Act. That act 
included provisions requiring mandatory restitution in Federal cases to 
victims of sexual abuse, sexual exploitation and other abuse of 
children, and domestic violence.
  The 1994 Crime Act also made restitution mandatory for victims of 
telemarketing fraud, a provision I strongly supported as the chief 
author of the Senior Citizens Against Marketing Scams [SCAMS] Act. It 
is time now, however, to extend this important protection to victims of 
other crimes as well.
  Far too often our criminal justice system appears to ignore the 
victims of crime. It frequently seems that only criminals have rights 
in the system. Victims often seem to be marginalized once the criminal 
justice system shifts into gear. As a result, crime victims 

[[Page S19278]]

often feel victimized twice--once by the criminal and then again by the 
system that seems to ignore their plight. Restitution to the victims of 
crime is a critical component of the justice system. The order of 
restitution represents the justice system's recognition that a real 
person, not only society, has suffered a wrong. Too often lost in the 
mix is the fact that, when the United States brings a criminal 
prosecution, while it does so on behalf of all the people, there is 
frequently a single person who has been victimized. While it is true 
that society as a whole is aggrieved by any criminal act, it is not 
society that must cope with the most immediate costs--the burden of 
fear, the loss of a loved one, or the anguish of personal loss. These 
burdens are reserved to the victims and survivors of crime.
  Restitution, moreover, can provide important closure to victims of 
crime, even if it cannot turn back the clock and undo the loss itself. 
Many crime victims have told me that until the criminal is directed to 
pay restitution, the wound of the crime is not completely healed.
  Restitution has an important penalogical function as well, providing 
a necessary reminder to the offender of the human consequences of his 
or her criminl act. Critics charge that most criminal defendants are 
too poor to pay restitution. But even if only a few dollars a month are 
collectd, it forces the criminal to contemplate his criminal act and 
truly pay for the crime.
  As I have noted, the U.S. Sentencing Commission has reported that 
judges ordered restitution in only a small percent of Federal criminal 
cases during fiscal year 1994. This legislation addresses this problem 
with solid victim restitution reform. For the first time, it will be 
mandatory that identifiable victims of violent crimes, property and 
fraud crimes under title 18, and product tampering receive full 
restitution for their losses.
  We nevertheless recognize and wish to avoid the danger that in 
complex cases the sentencing process could turn into a mini-civil 
trial. For this reason, the legislation permits the court to decline to 
order restitution if the number of identifiable victims is so large as 
to make restitution impracticable, or if the determination of complex 
factual issues would place burdens on the sentencing process that far 
outweigh the need for restitution.
  This bill also recognizes the need of victims to have full 
restitution ordered despite the sad fact that the defendant will often 
be unable to make more than nominal payments. Our legislation gives the 
courts the flexibility to order nominl installment payments in these 
instances.
  At the same time, we cannot ignore the costs that making orders of 
restitution mandatory in all Federal criminal cases could impose on the 
judicial cases could impose on the judicial system. We have attempted 
to strike a balance in this legislation, and I believe we have largely 
succeeded.
  Our bill also provides one set of procedures for the issuance and 
enforcement of a restitution order under title 18. A single section of 
title 18, section 3664, will govern the issuance of all criminal victim 
restitution orders, including those we enacted last year in the 
Violence Against Women Act and the SCAMS Act. I want to emphasize that 
the scope of restitution orders authorized under those laws remains 
unchanged. We simply seek to reduce the burden caused by incompatible 
restitution systems.
  The bill will also utilize existing provisions for the collection of 
fines to enforce restitution orders. Moreover, it will improve our 
ability to actually collect both restitution and fines by strengthening 
tools such as the revocation of probation, resentencing and other 
sanctions.
  Finally, the bill strengthens victims assistance programs by 
including provisions that have already passed the Senate as a part of 
the terrorism bill. A provision originally authored by Senator Leahy 
authorizes victim's assistance to victims of terrorism and makes other 
improvements to the Crime Victims Fund. Our bill seeks to enhance the 
resources available for victims assistance by including a McCain 
amendment to the terrorism bill that doubles the special assessments on 
persons convicted in Federal cases.
  Mr. President, I want to express my particular appreciation to 
Senator Biden, Senator Nickles, Senator McCain, and Senator Grassley 
for their able assistance in crafting this important bill.
  This bill is not perfect. All of us recognize that there is much we 
need to do to streamline the collection of criminal debts, including 
restitution. Nor is this the last step we need to take to restore the 
victim to their rightful place in the criminal justice system. However, 
it is an important step. When enacted, our legislation will do much to 
restore respect for the victims of crime and to recognize their loss. I 
urge all of my colleagues to support this bill.
  Mr. BIDEN. Mr. President, one of the measures in last year's crime 
law that I am most proud of is the provision mandating restitution for 
victims of sexual abuse and child abuse. This was part of the larger 
piece of legislation closest to my heart: The Violence Against Women 
Act.
  The mandatory restitution provisions in that act sent out a strong 
and unequivocal message: we stand with the victims of family violence 
and sexual assault, and we will not stand for them being ignored by our 
criminal justice system any longer.
  Today, we are considering similar provisions to provide mandatory 
restitution for all crime victims.
  As we fight to make our neighborhoods safe and our communities 
secure, we must not forget the often faceless and voiceless statistics 
of crime--its victims.
  Millions of Americans each year must bear the unbearable--in 1993 
alone, over 35 million people were victimized by crime in this country.
  For many victims, the crime only marks the beginning of the ordeal--
there is the investigation, maybe a plea bargain, a trial that often 
puts the victim's truth and character on the stand, busy prosecutors, 
aggressive defense lawyers, harried court officers.
  And in the end, even if the defendant is convicted, the victim's 
losses--emotional, physical, and financial losses--often go completely 
uncompensated.
  It hasn't always been this way. During the colonial period, victims 
played a central role in our criminal justice system.
  They apprehended their own wrongdoers--either by making the arrests 
themselves or by hiring the local sheriff--and they hired their own 
lawyers to prosecute their cases.
  In those days, victims were allowed to collect damages from 
criminals, bind them into servitude, or pay the State to incarcerate 
those who had wronged them.
  In the 19th century, our concept of criminal offenses began to 
change. Primarily to ensure that all citizens were protected--not just 
the rich who could afford to hire the marshal--the State became the 
surrogate for the victim, and undertook the prosecution of the crime.
  What was once seen as a private dispute--the violation of one person 
by another--came to be seen as a crime against the State. Restitution 
gave way to incarceration as the chief form of punishment--and fines 
were exacted by the State and paid to the State.
  But this evolution in our thinking about crime gradually led to a de-
evolution in our concern for victims. Compassion and humanity dictate 
that we now try to restore to victims the rights, the respect, and the 
protection that they deserve.
  In this spirit, Congress enacted the Victim and Witness Protection 
Act, which, among other provisions, gave courts the discretion to 
provide restitution to victims. I was also proud to coauthor the 
Victims of Crime Act in 1984, which established a crime victims fund 
financed by fines levied against convicted Federal criminals.
  The Crime Victims Fund pays compensation to specific victims when the 
criminal can't pay--and it also underwrites general victims assistance 
programs, like courtroom victim advocates, and victims' counselors.
  Still, however, there is much to be done. And this bill--which makes 
restitution mandatory in Federal criminal cases--does something very 
important.
  It says to victims: You are not alone. We will demand accountability 
from your wrongdoers, and we understand that criminals owe a debt not 
only to society but to you.
  This bill also sends an important message to criminals--you must 
take  

[[Page S19279]]

responsibility for our actions, and you will pay for the pain you have 
caused.
  Our Constitution is not a zero sum game. We do not diminish the 
rights of defendants by recognizing and defending the rights of 
victims.
  I defend the rights of criminal defendants because I am deeply 
concerned about the rights of all Americans. And for that same reason, 
I defend the rights of victims--there is no contradiction, in my mind, 
between the two.
  In our efforts to crack down on crime, we must never forget its 
victims. And we must do all in our power to help, in what little way we 
can, to ease their suffering.
  I am proud to cosponsor this bill with Senator Hatch and I urge all 
my colleagues to support it.
  Mr. LEAHY. Mr. President, when the bomb exploded outside the Murrah 
Federal Building in Oklahoma City earlier this year, my thoughts and 
prayers, and I suspect that those of all Americans, turned immediately 
to the victims of this horrendous act. It is my hope that through this 
legislation we will proceed to enact a series of improvements in our 
growing body of law recognizing the rights and needs of victims of 
crime. We can do more to see that victims of crime, including 
terrorism, are treated with dignity and assisted and compensated with 
Government help.
  Section 202 of the manager's substitute incorporates the Victims of 
Terrorism Act, which will accomplish a number of worthwhile objectives. 
I introduced these measures last June as an amendment to antiterrorism 
legislation, they were previously adopted by the Senate as part of that 
legislation, and most recently were adopted by the Judiciary Committee 
as section 112 of the committee-passed bill.
  They include a proposal to increase the availability of assistance to 
victims of terrorism and mass violence here at home. We in this country 
have been shielded from much of the terrorism perpetrated abroad. That 
sense of security has been shaken by the bombing in Oklahoma City, the 
destruction at the World Trade Center in New York, and recent assaults 
upon the White House. I, therefore, proposed that we allow additional 
flexibility in targeting resources to victims of terrorism and mass 
violence and the trauma and devastation that they cause.
  Thus, the manager's substitute includes provisions to make funds 
available through supplemental grants to the States to assist and 
compensate our neighbors who are victims of terrorism and mass 
violence, which incidents might otherwise overwhelm the resources of a 
State's crime victims compensation program or its victims assistance 
services. I understand, for example, that assistance efforts to aid 
those who were the victims of the Oklahoma City bombing are now $1 
million in debt. These provisions should help.
  The substitute will also fill a gap in our law for residents of the 
United States who are victims of terrorism and mass violence that occur 
outside the borders of the United States. Those who are not in the 
military, civil service or civilians in the service of the United 
States are not eligible for benefits in accordance with the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986. One of the 
continuing tragedies of the downing of Pan Am flight 103 over 
Lockerbie, Scotland, is that the United States Government had no 
authority to provide assistance or compensation to the victims of that 
heinous crime. Likewise, the U.S. victims of the Achille Lauro incident 
could not be given aid. This was wrong and should be remedied.
  In its report to Congress in 1994, the Office for Victims of Crime at 
the U.S. Department of Justice identified the problem. Both the ABA and 
the State Department have commented on their concern and their desire 
that crime victims compensation benefits be provided to U.S. citizens 
victimized in other countries. This substitute is an important step in 
that direction. Certainly U.S. victims of terrorism overseas are 
deserving of our support and assistance.
  In addition, I believe that we must allow a greater measure of 
flexibility to our State and local victims' assistance programs and 
some greater certainty so that they can know that our commitment to 
victims programming will not wax and wane with events. Accordingly, the 
substitute includes an important provision to increase the base amounts 
for States' victims assistance grants to $500,000 and allows victims 
assistance grants to be made for a 3-year cycle of programming, rather 
than the year of award plus one, which is the limit contained in 
current law. This programming change reflects the recommendation of the 
Office for Victims of Crime contained in its June 1994 report to 
Congress.
  I am disappointed that some have objected to an important improvement 
that would have allowed any unspent grant funds to be returned to the 
Crime Victims Fund from which they came and reallocated to crime 
victims assistance programs. I believe that we ought to treat the Crime 
Victims Fund and the Violent Crime Reduction Trust Fund and Violence 
Against Women Act funds with respect and use them for the important 
purposes for which they were created.
  The Crime Victims Fund, for example, is not a matter of appropriation 
and is not funded through tax dollars. Rather, it is funded exclusively 
through the assessments against those convicted of Federal crimes. The 
Crime Victims Fund is a mechanism to direct use of those funds to 
compensate and assist crime victims. That is the express purpose and 
justification for the assessments.
  Accordingly, I believe it is appropriate for those funds to be used 
for crime victims and, when not expended for purposes of a crime 
victims program, they ought to be returned to the Crime Victims Fund 
for reobligation. Instead, because of a technicality in the application 
of the Budget Act, the manager's amendment includes a change from the 
language that I proposed and that was approved by the Judiciary 
Committee and previously by the Senate. My language would have returned 
all unspent crime victims grant funds to the Crime Victims Fund. The 
manager's amendment will require that some of the money that came from 
the Crime Victims Fund go, instead, to the General Treasury if it 
remains unobligated more than 2 years after the year of grant award. I 
am pleased that we have been able to obtain some concession in this 
regard and note that the unobligated funds must exceed $500,000 in 
order to revert to the General Treasury.
  Fortunately, the Office for Victims of Crime has improved its 
administration of crime victims funds and that of the States over the 
past 2 years to a great extent. While more than $1 million a year has 
in past years remained unobligated from grants made through the States 
across the country, last year that number was reduced below $125,000. 
The Director of the Office for Victims of Crime, Aileen Adams, should 
be commended for this improvement. It is my hope that the 
administration of Crime Victims Fund grants will continue to improve 
through the Department of Justice and the States and that the 
Department of Health and Human Services will, likewise, improve its 
oversight and grant administration and encourage the States to be more 
vigilant so that the change in the language of the bill from that 
previously adopted by the Senate and by the Judiciary Committee will 
not result in a significant diversion of Crime Victims Fund money to 
other uses.
  Our State and local communities and community-based nonprofits cannot 
be kept on a string like a yo-yo if they are to plan and implement 
victims assistance and compensation programs. They need to be able to 
plan and have a sense of stability if these measures are to achieve 
their fullest potential.
  I know, for instance, that in Vermont Lori Hayes at the Vermont 
Center for Crime Victims Services, Judy Rex at the Vermont Network 
Against Domestic Violence and Sexual Abuse, and many others provide 
tremendous service under difficult conditions. They will be able to put 
increased annual assistance grants to good use. Such dedicated 
individuals and organizations will also be aided by increasing their 
programming cycle by even 1 year. Three years has been a standard that 
has worked well in other programming settings. Crime victims' 
programming deserves no less security.
  In 1984 when we established the Crime Victims Fund to provide Federal 
assistance to State and local victims compensation and assistance 
efforts, 

[[Page S19280]]
we funded it with fines and penalties from those convicted of Federal 
crime. The level of required contribution was set low. Ten years have 
passed and it is time to raise that level of assessment in order to 
fund the needs of crime victims. Accordingly, the manager's substitute 
includes as section 109 and the committee-passed bill included as 
section 110 a provision that I worked on with Senator McCain and that 
the Senate previously passed as an amendment to the antiterrorism bill 
this past summer. It doubles the special assessments levied under the 
Victims of Crime Act against those convicted of federal felonies in 
order to assist all victims of crime.
  I do not think that $100 to assist crime victims is too much for 
those individuals convicted of a Federal felony to contribute to help 
crime victims. I do not think that $400 is too much to insist that 
corporations convicted of a Federal felony contribute. Accordingly, the 
Committee substitute would raise these to be the minimum level of 
assessment against those convicted of crime.
  While we have made progress over the last 15 years in recognizing 
crime victims' rights and providing much-needed assistance, we still 
have more to do. I am proud to have played a role in passage of the 
Victims and Witness Protection Act of 1982, the Victims of Crime Act of 
1984, the Victims' Rights and Restitution Act of 1990 and the victims 
provisions included in such measures as the Violent Crime Control and 
Law Enforcement Act of 1994. I look forward to prompt consideration by 
the House of these provisions for aiding crime victims and to enactment 
of the Victims of Terrorism Act.
  I continue to have some concern that the mandatory restitution 
provisions of the bill, while improved in our Committee deliberation, 
may not lead to the benefits to crime victims that we intended. I note, 
as well, that changes from the Committee-passed bill made by the 
manager's substitute have not been fully explained.
  We run a significant risk, in my view, that resources will be 
diverted from programs that have been proven effective in providing 
compensation and assistance to crime victims. I believe that the study 
and report required of the Attorney General and Administrative Office 
of the United States Courts by section 204 of the Manager's substitute 
is extremely important and urge them to report as soon as possible.
  I also urge the Attorney General to approach the responsibilities 
imposed by section 201(a)(2) of the manager's substitute carefully so 
as not unnecessarily to burden State agencies and those entrusted with 
the important responsibility for administering crime victims 
compensation programs.
  I thank the outstanding crime victims advocates from Vermont for 
their help, advice and support in connection with the Victims of 
Terrorism Act and the improvements it includes to the Victims of Crime 
Act. I also thank them for the work they are doing by developing and 
implementing programs for crime victims in Vermont. In addition, I 
thank the National Organization for Victim Assistance, the National 
Association of Crime Victim Compensation Boards and the National Victim 
Center for their assistance and support in the development of the 
Victims of Terrorism Act. Without their help, we could not make the 
importance progress that its provisions contain.
  Mr. SIMON. Mr. President, victim restitution is an important part of 
our criminal justice system. It can help make the victim of a crime 
``whole,'' while holding the offender accountable for the damage caused 
by his or her crime. While I certainly applaud the good intentions of 
its sponsors, I do not support this ``mandatory victim restitution'' 
proposal. This bill would replace the current system, which allows 
judges to order victim restitution in certain types of cases, with an 
inflexible mandate which requires restitution be ordered in such cases.
  In general, I do not support placing mandates on judges. I oppose 
mandatory minimum sentences because they substitute inflexible 
formulas, which cannot account for individual circumstances, for 
judicial discretion. Similarly, the ``mandatory victim restitution'' 
proposal will require judges to order restitution in cases where they 
know it can never be paid. The Judicial Conference of the United States 
reports that 85 percent of criminal defendants are indigent at the time 
of their conviction. And yet, according to the U.S. Sentencing 
Commission's 1994 Annual Report, judges order a fine or restitution in 
37.7 percent of cases sentenced under the guidelines. These statistics 
lead me to believe that Federal judges are already doing a good job of 
ordering restitution when practicable.
  I respect the motives of this proposal's sponsors, and agree that we 
must do all that is practicable to help victims of crime. However, 
rather than placing another mandate on judges, which seems unlikely to 
increase the amount of restitution actually paid to victims, we should 
instead consider alternative permissive forms of restitution which 
would enhance the current system. Included in this bill was an 
amendment proposed by my colleagues, Senators Kyl and Feinstein, which 
would allow judges to order those convicted of drug trafficking 
offenses where there is no identifiable victim to pay restitution to 
the affected community or to drug treatment organizations. I would 
support such a proposal, and other similar measures, within a 
permissive system.
  Mrs. FEINSTEIN. Mr. President, I rise in support of the Victims 
Justice Act of 1995. Too often, our criminal justice system has 
overlooked the victim of crime in its zeal to protect the rights of the 
accused. This bill makes significant progress toward ensuring that the 
victim is not forgotten.
  I want to thank the chairman and ranking member of the Judiciary 
Committee for the work they have put into this bill, in moving it 
through the committee and ensuring that it creates a workable system 
for awarding compensation to victims.
  It is a sad fact that so many people in our society are affected by 
crime. In my State of California, 318,946 violent crimes were reported 
last year.
  And yet, restitution to the victim is infrequently awarded. In fiscal 
year 1994, restitution was only awarded in 20.2 percent of Federal 
criminal cases.
  The Victims Justice Act may well help this, by making restitution to 
the victim mandatory in Federal criminal cases where restitution can 
reasonably be anticipated by a judge.
  Victim restitution is a matter of simple justice. If somebody has 
been hurt by a criminal, they should be made whole.
  Restitution does more than simply compensate the victim for a loss, 
however. It says to the victim, ``You matter. You have been hurt, and 
this is wrong. We have not forgotten about you.''
  It also speaks to the criminal. It reinforces to them that their 
crime hurt another person, that they are responsible for the 
consequences of their actions, and that they have a responsibility to 
the person they harmed.
  Mr. President, I recognize that most criminal defendants are 
indigent, and cannot make complete restitution. But it is important to 
send this message of responsibility to all criminals. That is why I 
strongly support mandatory restitution, even if it is only nominal 
restitution, such as a few dollars a month. Even though this won't make 
the victim whole, it still sends the message to them that they matter, 
and still reminds the criminal, every month, about the consequences of 
his actions and his responsibility for them.
  And should the criminal come into better financial circumstances 
later, this will ensure that he is not allowed to sit comfortably while 
his victim is left uncompensated.
  I also want to highlight one aspect of the bill which I worked on 
with Senator Kyl: community restitution in drug cases. Drug dealing is 
not a victimless crime. As a former mayor, I have seen drugs ravage 
whole neighborhoods, spurring other crimes, destroying property, and 
tearing apart communities. That is why I think it is important to 
permit restitution in drug cases, even where there is no identifiable 
individual victim.
  This section of the bill will allow judges to order restitution in 
these drug trafficking cases. This restitution will go to the States in 
which the crime occurred, to their Victim Assistance Administration and 
to their entities which receive substance abuse block grant funds. By 
making restitution to these funds, drug dealers will be 

[[Page S19281]]
forced to help crime victims and to fight the drug abuse which they 
have fostered and from which they profited, targeted to the States 
which they have harmed.
  I call on Federal judges to implement this section, and not to 
disregard it. I am hopeful that they will do so, and that future 
legislation to mandate this restitution will not be necessary.
  Mr. President, the Victims Justice Act will help victims, will help 
communities, and may well help to rehabilitate criminals. I urge my 
colleagues to pass it.
  Mr. ABRAHAM. Mr. President, I strongly support this bill because it 
will require the perpetrators of many Federal crimes to make 
restitution to their victims in all cases, without exception. I also 
believe its enforcement mechanisms make significant improvements over 
those in existing law. I believe, however, that these procedures can be 
improved upon still further.
  In discussions with restitution experts about what we can do to 
improve the procedures in current law, the one suggestion I have heard 
uniformly is that restitution orders should be made civil debts, 
payable immediately.
  Instead of having the sentencing judge essentially attempt to rewrite 
civil debt collection procedures and require the Government to enforce 
them principally through its criminal attorneys, it would make more 
sense to make available the civil debt collection procedures, which are 
established collection methods fully consistent with due process, and 
make it easy for the Government to have its civil attorneys, who are 
well versed in collection actions and procedures, take on a significant 
portion of the enforcement responsibilities. These are, after all, the 
same procedures that we already apply to students who default on 
student loan payments and others who owe debts to the Government.
  Accordingly, I am today introducing a bill that will pick up where I 
believe this bill leaves off.
  My bill will improve on collection of victim restitution in four main 
areas. First, it would make restitution orders civil debts. Second, to 
enforce these orders it would make available to the U.S. Government the 
Federal Debt Collection Act and all other civil and administrative 
tools ordinarily used to collect debts owed the United States. The 
United States could use these tools to enforce restitution orders on 
its own behalf or on behalf of other victims. The bill also would allow 
victims to use State civil enforcement mechanisms on their own behalf. 
Third, the bill would allow victims to obtain the full benefit of 
collateral estoppel from judgments in Federal criminal cases giving 
rise to restitution orders in subsequent civil proceedings, regardless 
of state law limitations. And finally, it would allow the courts in 
appropriate cases to prevent defendants from dissipating the assets 
that would otherwise be able to be used to pay victim restitution 
orders.
  Mr. President, I appreciate the leadership of the distinguished 
chairman and ranking member in formulating the current bill. I have 
worked with both of them in developing these additional proposals. 
Because of the timetable on which my friend from Utah is operating, it 
did not seem practical to include them in the legislation we are 
debating here today. But both he and my friend from Delaware have 
assured me that they are planning on making additional improvements in 
our enforcement procedures in an upcoming bill dealing with criminal 
fines, and it is the hope of all of us that we will be able to include 
some or all of these proposals, either in their current form or with 
modifications, in the fines legislation next year.
  Mr. HATCH. I very much appreciate my colleague from Michigan's 
efforts, and I also appreciate his willingness to forbear from offering 
his proposals at this time. I know that he agrees with me on the need 
to act this session to make restitution mandatory in the Federal 
courts. We all agree that more remains to be done to enforce these 
debts. My colleague's proposals are both interesting and innovative, 
and I want to work with him and other Members to see that they are 
adopted by this body in some fashion when we take up our fines bill 
next year.
  Mr. BIDEN. I too appreciate my colleague's efforts and forbearance. I 
believe many of his proposals are interesting and innovative, although 
I have reservations about some of them. I look forward to working with 
him and others to see to it that we make our enforcement mechanisms as 
simple and effective as possible, while maintaining a commitment to 
ensure due process.
  Mr. McCain. Mr. President, I want to thank the chairman and ranking 
member of the Judiciary Committee, as well as Senator Dole and Senator 
Nickles, for their hard work and leadership in bringing this bill to 
the floor.
  The bill would amend the Federal criminal code to require that 
criminals compensate their victims--an initiative that is long overdue. 
According to the Bureau of Justice statistics 2 million people in the 
United States are injured each year as a result of violent crime. The 
cost of personal and household crime is estimated to exceed $20 billion 
per year--a sum that does not include the incalculable cost in human 
terms. In relatively few cases are victims made whole for their losses 
by those who preyed upon them.
  Mr. President, one needs only to read the morning paper or watch the 
evening news to know that violence and crime plague our Nation. We have 
become inured to the ghastly statistics. But, Mr. President, victims 
are not statistics. They are real people. They are our brothers and 
sisters, mothers and fathers, sons, daughters and neighbors. They 
deserve our compassion and assistance. It's time that our criminal 
justice system no longer treat crime victims as second class citizens.
  Passage of this bill will help achieve that goal by ensuring that 
victims are compensated as part of the criminal sentencing process 
rather than forcing the aggrieved to seek remedy through time 
consuming, costly and at times degrading and agonizing civil action.
  I want to express my gratitude to Senator Hatch and Senator Biden for 
including a number of provisions I requested to improve the bill. I 
would like to review those provisions.
  First, the committee included a provision to double the fine assessed 
to Federal felons from $50 to $100 and for criminal organizations from 
$200 to $400. This provision achieves the primary goal of a bill, S. 
841, which I introduced earlier this year. The revenues from the 
increased assessment will be placed into the Crime Victim Fund to 
increase support for State and local victim assistance programs.
  Second, the committee included language to require offenders to pay 
their criminal fines, assessments, and restitution orders in full and 
immediately if they have the resources to do so. If they cannot pay 
immediately, then the court will be required to impose a reasonable and 
enforceable payment plan that ensures full payment within the shortest 
time possible.
  Third, language was inserted to ensure that when a criminal debtor 
becomes delinquent, a hearing can be held to determine the reason. If 
the offender has no resources with which to pay, then the payment 
schedule can be amended. If the delinquency is willful, however, 
penalties can be imposed, including an outright prohibition on criminal 
debtors receiving moneys from the Crime Victim Fund.
  Fourth, the committee added a provision I requested to require 
offenders to notify the court of any change in their economic 
circumstances which might affect the offender's ability to pay their 
debt so that the applicable payment schedule can be appropriately 
modified. A Federal criminal whose financial circumstances improve 
should not be able to duck his or her responsibility to the victim 
because they are subject to an insufficient or outdated payment plan.
  Fifth, the bill will make procedures for assessing and enforcing 
criminal debt uniform among the three major categories: mandatory 
assessments, discretionary fines and restitution which after passage of 
this bill will be mandatory.
  Finally, the bill includes a provision to see that crime victim 
assistance will no longer be counted against a recipient as revenue in 
determining eligibility for Federal assistance programs.
  Again, I want to thank the committee for their hard work. This is an 
important bill which I believe will not only assist victims but will 
prove to be a formidable deterrent to crime.
  Mr. President, having said that, I must mention that the bill does 
not include all the provisions I would like to see. I had intended to 
offer several 

[[Page S19282]]
amendments, but the committee has requested that Senators withhold to 
ensure speedy consideration and passage of this vital bill this year. I 
certainly want to cooperate in that effort and given assurances from 
the committee that the initiatives I was going to offer will be 
considered next year, I have decided to withhold.
  The first amendment I had intended to offer would have privatized the 
collection of delinquent criminal debt. Mr. President, outstanding 
Federal criminal debt totals over $4 billion. A portion of that amount 
may be uncollectible because in many cases court assessments exceed the 
ability of the offenders to pay, but, I know of no one who disagrees 
that hundreds of millions of dollars in outstanding debt are quite 
collectible.
  It's a simple reality that U.S. attorneys who are responsible for 
investigating and prosecuting Federal crimes assign a lower priority to 
the collection of delinquent debt. Privatizing such debt will ensure 
that more assessments and restitution orders are enforced, collected 
and deposited into the Crime Victim Fund or provided to the victim.
  The second amendment I planned to offer was to declare offenders who 
willfully avoid their financial obligations, ineligible for Federal 
grants, contracts, licenses, or other nonmandatory Government 
assistance. Willful delinquency should be dealt with firmly. We should 
not provide Federal benefits to those who purposely evade their 
responsibilities.
  Third, I had intended to offer an amendment to the Employee 
Retirement Income Security Act [ERISA] which would allow pension income 
to be garnished to pay outstanding restitution or criminal debt orders. 
Under current law, retirement benefits can only be attached to pay 
delinquent child support. The collection of victim compensation and 
criminal debt should be priorities as well.
  The final amendment I had intended to offer would have increased the 
amount that the Federal Government is legally able to contribute to 
State victim compensation programs from the Crime Victim Fund. 
Currently, Federal payments are restricted to 40 percent of the amount 
that the State provides to its victim compensation fund. The pending 
bill will increase the Crime Victim Fund by doubling the special 
assessment against felons. We should increase the 40-percent ceiling so 
that the direct compensation programs can benefit from these increased 
resources.
  Senator Hatch has informed me that the committee intends to take up a 
criminal debt enforcement bill next year, and that these four proposals 
will receive consideration at that time. I would like to ask the 
Senator if that is the committee's plan.
  Mr. HATCH. The Senator from Arizona is correct. The committee intends 
to take up an enforcement bill next year. The initiatives you have 
outlined deserve serious consideration and I look forward to working 
with you on them.
  Mr. McCAIN. I thank the distinguished chairman of the Judiciary 
Committee and I look forward to working with him on enforcement 
legislation. Again, I congratulate Senator Hatch and the Judiciary 
Committee for their efforts to develop and pass the pending measure.
  Mr. WARNER. Mr. President, I ask unanimous consent that all the 
debate time previously ordered be yielded back, the bill then be deemed 
read a third time and passed as amended, the motion to reconsider be 
laid upon the table, and that any statements on the bill appear at the 
appropriate place in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The substitute amendment was agreed to.
  The bill (H.R. 665) was deemed read the third time and passed.
  The title was amended so as to read: ``An Act entitled the Victims 
Justice Act of 1995.''

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