[House Report 104-16]
[From the U.S. Government Publishing Office]



                                                                       
104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     104-16
_______________________________________________________________________


 
                     VICTIM RESTITUTION ACT OF 1995

_______________________________________________________________________


February 2, 1995.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______


   Mr. McCollum, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 665]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 665) to control crime by mandatory victim 
restitution, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     4
Background and Need for Legislation..............................     4
Committee Consideration..........................................     5
Vote of the Committee............................................     5
Committee Oversight Findings.....................................     5
Committee on Government Reform and Oversight.....................     5
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Estimate.............................     5
Inflationary Impact Statement....................................     6
Section-by-Section Analysis and Discussion.......................     6
Agency Views.....................................................     8
Changes in Existing Law Made by the Bill, as Reported............     9

  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Victim Restitution Act of 1995''.

SEC. 2. MANDATORY RESTITUTION AND OTHER PROVISIONS.

  (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
          (1) in subsection (a)--
                  (A) in paragraph (1)--
                          (i) by striking ``may order, in addition to 
                        or, in the case of a misdemeanor, in lieu of 
                        any other penalty authorized by law'' and 
                        inserting ``shall order''; and
                          (ii) by adding at the end the following: 
                        ``The requirement of this paragraph does not 
                        affect the power of the court to impose any 
                        other penalty authorized by law. In the case of 
                        a misdemeanor, the court may impose restitution 
                        in lieu of any other penalty authorized by 
                        law.'';
                  (B) by adding at the end the following:
  ``(4) In addition to ordering restitution to the victim of the 
offense of which a defendant is convicted, a court may order 
restitution to any person who, as shown by a preponderance of evidence, 
was harmed physically, emotionally, or pecuniarily, by unlawful conduct 
of the defendant during--
          ``(A) the criminal episode during which the offense occurred; 
        or
          ``(B) the course of a scheme, conspiracy, or pattern of 
        unlawful activity related to the offense.'';
          (2) in subsection (b)(1)(B) by striking ``impractical'' and 
        inserting ``impracticable'';
          (3) in subsection (b)(2) by inserting ``emotional or'' after 
        ``resulting in'';
          (4) in subsection (b)--
                  (A) by striking ``and'' at the end of paragraph (4);
                  (B) by redesignating paragraph (5) as paragraph (6); 
                and
                  (C) by inserting after paragraph (4) the following 
                new paragraph:
          ``(5) in any case, reimburse the victim for lost income and 
        necessary child care, transportation, and other expenses 
        related to participation in the investigation or prosecution of 
        the offense or attendance at proceedings related to the 
        offense; and'';
          (5) in subsection (c) by striking ``If the court decides to 
        order restitution under this section, the'' and inserting 
        ``The'';
          (6) by striking subsections (d), (e), (f), (g), and (h);
          (7) by redesignating subsection (i) as subsection (m); and
          (8) by inserting after subsection (c) the following:
  ``(d)(1) The court shall order restitution to a victim in the full 
amount of the victim's losses as determined by the court and without 
consideration of--
          ``(A) the economic circumstances of the offender; or
          ``(B) the fact that a victim has received or is entitled to 
        receive compensation with respect to a loss from insurance or 
        any other source.
  ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the 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 
        offender;
          ``(B) projected earnings and other income of the offender; 
        and
          ``(C) any financial obligations of the offender, including 
        obligations to dependents.
  ``(3) A restitution order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender.
  ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
          ``(A) return of property;
          ``(B) replacement of property; or
          ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
  ``(e) When the court finds that more than 1 offender has contributed 
to the loss of a victim, the court may make each offender liable for 
payment of the full amount of restitution or may apportion liability 
among the offenders to reflect the level of contribution and economic 
circumstances of each offender.
  ``(f) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution to each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
  ``(g)(1) If the 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 be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution to victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
  ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
  ``(3) Any amount paid to a victim under an order of restitution shall 
be set off against any amount later recovered as compensatory damages 
by the victim in--
          ``(A) any Federal civil proceeding; and
          ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
  ``(h) A restitution order shall provide that--
          ``(1) all fines, penalties, costs, restitution payments and 
        other forms of transfers of money or property made pursuant to 
        the sentence of the court shall be made by the offender to an 
        entity designated by the Director of the Administrative Office 
        of the United States Courts for accounting and payment by the 
        entity in accordance with this subsection;
          ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts shall--
                  ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting those obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful; and
                  ``(B) notify the court and the interested parties 
                when an offender is 30 days in arrears in meeting those 
                obligations; and
          ``(3) the offender shall advise the entity designated by the 
        Director of the Administrative Office of the United States 
        Courts of any change in the offender's address during the term 
        of the restitution order.
  ``(i) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
  ``(j) Compliance with the schedule of payment and other terms of a 
restitution order shall be a condition of any probation, parole, or 
other form of release of an offender. If a defendant fails to comply 
with a restitution order, the court may revoke probation or a term of 
supervised release, modify the term or conditions of probation or a 
term of supervised release, 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, or take any other action 
necessary to obtain compliance with the restitution order. 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 restitution order.
  ``(k) An order of restitution may be enforced--
          ``(1) by the United States--
                  ``(A) in the manner provided for the collection and 
                payment of fines in subchapter B of chapter 229 of this 
                title; or
                  ``(B) in the same manner as a judgment in a civil 
                action; and
          ``(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a civil 
        action.
  ``(l) A victim or the offender may petition the court at any time to 
modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
  (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
          (1) by striking subsection (a);
          (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d);
          (3) by amending subsection (a), as redesignated by paragraph 
        (2), to read as follows:
  ``(a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
          (4) by adding at the end thereof the following new 
        subsection:
  ``(e) The court may refer any issue arising in 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.''.

                          Purpose and Summary

    The purpose of H.R. 665, the ``Victim Restitution Act of 
1995,'' is to ensure that criminals pay full restitution to 
their victims for all damages caused as a result of the crime. 
To that end, the bill modifies current law to mandate that 
restitution be awarded by the court in most Federal criminal 
proceedings.
    In addition to requiring that the court order restitution 
to the victim, the court is given the discretion to order 
restitution to other persons who were harmed physically, 
emotionally or financially by the criminals's unlawful conduct.
    The court is to determine the amount of restitution based 
on the full amount of a victim's losses and is not to consider 
the offender's economic status. Moreover, in determining the 
amount of restitution, the court is not to consider the 
victim's right to other compensation from any other source, 
such as insurance proceeds or civil damages.
    Court-ordered restitution is not to affect the victim's 
eligibility for insurance until such court-ordered restitution 
has fully compensated the victim. If a victim seeks additional 
compensation through a civil action, any new award from such 
action is to be reduced by the amount of the criminal 
restitution order.
    The Victim Restitution Act of 1995 makes compliance with 
the court-prescribed schedule of restitution payments a 
condition for probation or supervised release. The victim or 
offender may petition the court to modify a restitution order 
at any time.

                Background and Need for the Legislation

    According to the Bureau of Justice Statistics, from 1973 to 
1991, 36.6 million people in the United States were injured as 
a result of violent crime. In 1992, there were nearly 34 
million victims of crime nationally. Each year, one in four 
households in the United States is victimized by one or more 
crimes. In 1991, crime against people and households resulted 
in an estimated $19.1 billion in losses. Crime-related injuries 
typically amount for more than 700,000 days of hospitalization 
annually. The costs associated with crime--economic, physical 
and emotional--for individuals, families, and the country is 
enormous.
    There has been significant progress over the last 15 years 
in addressing the needs of crime victims. Their voices are no 
longer missing from the national debate concerning criminal 
justice. In spite of this progress, however, additional reforms 
are needed. Under existing law, crime victims' rights are still 
too often overlooked. Even though the law provides the means to 
address the rights of victims, the law does not, however, 
provide for a means to make victims whole.
    H.R. 665, the ``Victim Restitution Act of 1995,'' is an 
important step forward in ensuring justice for the victims of 
crime and accountability for convicted criminals. By requiring 
full financial restitution, the Act requires the offender to 
face the harm suffered by his victims and, to others harmed by 
his unlawful actions. Further, it strives to provide those who 
suffer the consequences of crime with some means of recouping 
the personal and financial losses resulting from crime.

                        Committee Consideration

    On January 27, 1995, the Committee on the Judiciary met in 
open session and ordered reported the bill H.R. 665, as 
amended, by a voice-vote, a quorum being present.

                         Vote of the Committee

    The committee then considered the following amendment, 
which was adopted by voice-vote.
    Mr. McCollum offered an amendment to provide that any 
restitution order include an amount reimbursing the victim for 
lost income relating to the victim's participation in the 
investigation or prosecution of the offense or attendance at 
proceedings related to the offense. The amendment was adopted 
by voice-vote.

                      Committee Oversight Findings

    In compliance with clause a(l)(3)(A) of rule XI of the 
Rules of the House of Representatives, the Committee reports 
that the findings and recommendations of the committee, based 
on oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

         Committee on Government Reform and Oversight Findings

    No findings or recommendations of the Committee on 
Government Reform and Oversight were received as referred to in 
clause 2(l)(3)(D) of rule XI of the Rules of the House of 
Representatives.

               New Budget Authority and Tax Expenditures

    Clause 2(l)(3)(B) of House Rule XI is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 2(l)(C)(3) of rule XI of the 
Rules of the House of Representatives, the committee sets 
forth, with respect to the bill, H.R. 665, the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office under section 403 of the 
Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, February 1, 1995.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 665, the Victim Restitution Act of 1995, as 
ordered reported by the House Committee on the Judiciary on 
January 27, 1995. We estimate that enacting the bill would 
result in increased costs to the federal government of about $5 
million annually, subject to available appropriations. Because 
enactment of H.R. 665 would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply to the bill.
    H.R. 665 would require that federal courts order defendants 
to pay restitution to victims. Under current law, orders of 
restitution are optional. The bill also would make several 
other changes to the laws relating to restitution. Based on 
information provided by the Administrative Office of the United 
States Courts, CBO expects that enactment of this legislation 
would result in 10,000 to 15,000 additional orders of 
restitution annually. Each order of restitution would increase 
administrative expenditures of the courts by $400 to $500, so 
implementation of H.R. 665 would cost about $5 million 
annually, assuming appropriation of the necessary amounts.
    Enacting H.R. 665 would result in no costs to state or 
local governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                    Robert D. Reischauer, Director.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that H.R. 665 
will have no significant inflationary impact on prices and 
costs in the national economy.

                      Section-by-Section Analysis

                         section 1. short title

    Section 1 of the bill states the short title as the 
``Victim Restitution Act of 1995.''

         section 2. mandatory restitution and other provisions

    This section of the bill would amend several subsections of 
section 3663(a) of Title 18, United States Code.
    New subsection (a)(1) requires federal judges to order 
persons convicted of crimes to make restitution to their 
victims. It also makes it clear that any other penalty imposed 
by the law for the offense may be ordered in addition to the 
restitution. In the case of misdemeanors, the court would 
continue to be authorized to impose restitution in lieu of any 
other penalty.
    Section 2 of the bill also adds new subsection (a)(4), 
which authorizes the court to order the defendant to make 
restitution to any other person who was harmed physically, 
emotionally, or financially by the defendant's unlawful 
conduct. The harm must have occurred at some point during the 
entire criminal episode, or during the course of any scheme, 
conspiracy, or pattern of unlawful activity that is related to 
the offense. The prosecution, as is currently the case, has the 
burden of proving the harm of financial loss by a preponderance 
of the evidence at the sentencing hearing.
    In addition to making restitution to victims mandatory, the 
bill would add new subsection (a)(5) to allow judges to 
consider, when establishing a restitution order, the indirect 
costs of a victim's lost income and the costs of necessary 
child care, transportation, and other expense incurred by 
virtue of the victim's participation in the investigation, 
prosecution, and sentencing for the offense, or any other 
related proceedings.
    New subsection (d) provides that the restitution award is 
to be determined without considering the offender's economic 
circumstances, or the fact that the victim has or is entitled 
to receive compensation from insurance or from any other source 
(such as a state crime victims' compensation fund). In 
determining the payment schedule of the restitution awarded, 
however, the court is to consider the financial resources of 
the offender. The section also makes it clear that the court is 
to consider the projected earnings, any other income of the 
offender, and any other financial obligations of the defendant, 
including obligations to dependents, when establishing the 
schedule of any non-lump restitution payments. H.R. 665 allows 
the court to order restitution payments in the form of single, 
lump-sum payments; partial payments at specified intervals; or 
such in-kind payments that may be agreeable to both the victim 
and the offender. In-kind payments may be in the form of the 
return of property, the replacement of property, or services 
rendered to the victim, or to persons, or organizations other 
than the victim.
    New subsection (e) of section 3663 gives the court the 
discretion to make either multiple offenders jointly and 
severally liable for payment of the full restitution award, or 
to apportion the restitution order among the various offenders.
    New subsection (f) provides that if more than one victim 
has sustained a loss, the court must order that full 
restitution be made to each victim, but the court has the 
discretion to order different payment schedules with respect to 
each victim depending on a number of varying factors.
    New subsection (g)(1) makes it clear that if the victim 
receives, or is entitled to receive, compensation from some 
other source (including insurance proceeds), the court is 
required to order that the restitution payment be made first to 
fully satisfy the victim's loss before any payments can be made 
to a third party.
    Subsection (g)(2) is designed to ensure that victims are 
entitled to receive an amount equal to the greater of the 
restitution award or any other compensation to which they are 
entitled. The subsection expressly states that the restitution 
order will not affect the victim's rights against any other 
source or sources of compensation, including any insurance 
proceeds or civil damages.
    Subsection (g)(3) requires that any amounts paid to a 
victim under a restitution order are to be set off against any 
recovery by the victim in a federal civil proceeding or any 
state civil proceeding (to the extent required by that state's 
law).
    Subsection (h) requires the court to order that all 
restitution payments be made to an entity designated by the 
Director of the Administrative Office of the United States 
Court to make the restitution payments to the various victims. 
The subsection also requires the designated entity to keep 
appropriate records of those payments. It also requires 
offenders to report any change of address to that same entity. 
That entity is to notify the court if the offender falls 30 or 
more days behind in compliance with any restitution order.
    New subsection (j) makes compliance with the restitution 
order a condition of any probation, parole, or other form of 
supervised release. It further provides that if the offender 
fails to comply with the restitution order, in any way, the 
court may revoke the defendant's probation, parole, or 
supervised release; hold the offender in contempt of court; 
enter a restraining order or injunction; or take any other 
action necessary to force the offender to comply with the 
court's restitution order. In fashioning the appropriate 
sanction, the court must consider the offender's employment 
status, earning ability, financial resources, willfulness in 
failing to comply with the restitution order, and any other 
circumstance that may bear on the defendant's failure to comply 
with the order of the court.
    Subsection (k) provides that the United States and/or the 
victim may enforce the restitution order in the same manner as 
a judgment in a civil action.
    Subsection (l) allows both the offender or the victim to 
move the court to modify the restitution order in light of a 
change in the economic circumstances of the offender. The 
motions to modify can be made at any time the restitution order 
is still in effect. A change in the economic circumstances of 
the victim is not a proper basis for any modification of the 
restitution order.
    Section 2 also amends portions of section 3664 of Title 18, 
United States Code. Specifically, new subsection (a) of that 
section specifies that the court may require the probation 
service of the court to obtain pertinent information relating 
to the restitution order, such as the loss sustained by the 
victim, and the financial needs and earning ability of the 
defendant and the defendant's dependents. The information is to 
be included in the presentence report filed by the probation 
service.
    Finally, new subsection (e) of section 3664 authorized the 
judge to refer any issues relating to a restitution award to a 
magistrate or special master for proposed findings of fact and 
recommendations as to disposition. The findings are subject to 
de novo review by the court.

                              Agency Views

    The Committee received a letter from the U.S. Department of 
Justice providing Administration views on H.R. 3, the ``Taking 
Back Our Streets Act of 1995.'' This letter addressed the 
issues presented in H.R. 665 in pertinent as follows:


                   iii. mandatory victim restitution


    Title III of H.R. 3 contains amendments that would make the 
issuance of a full order of restitution mandatory in all cases 
under the federal criminal code, and would otherwise strengthen 
the restitution statute. The amendments would preserve the 
court's authority to consider the offender's economic 
circumstances in specifying the manner and timing of payment, 
e.g., in setting up a payment schedule that is consistent with 
the offender's actual ability to pay. The Senate passed similar 
provisions in sec. 902 of the first version of H.R. 3355 that 
it passed in the 103d Congress, and in section 2003 of S. 1241 
of the 102d Congress.
    As we have previously stated, we support these provisions. 
See Letter of Attorney General Janet Reno to Honorable Joseph 
R. Biden, Jr., Detailed Comments at 14 (June 13, 1994). We 
believe strongly that all offenders should be forced to repay 
all their victims for the harm they have suffered.
    On a technical level, we have a few recommendations 
concerning the formation of this proposal. For example, 
proposed new paragraph (5) in 18 U.S.C. 3663(b), relating to 
reimbursement of the victim for costs associated with 
participation in the investigation or prosecution, has already 
been enacted in a stronger form (including coverage of the 
victim's lost income) by section 40504 of the Violent Crime 
Control and Law Enforcement Act of 1994. We would be pleased to 
assist Congress in finalizing this proposal.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

                      TITLE 18, UNITED STATES CODE

          * * * * * * *

            CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS

          * * * * * * *

Sec. 3663. Order of restitution

  (a)(1) The court, when sentencing a defendant convicted of an 
offense under this title or section 46312, 46502, or 46504 of 
title 49, [may order, in addition to or, in the case of a 
misdemeanor, in lieu of any other penalty authorized by law] 
shall order, that the defendant make restitution to any victim 
of such offense. The requirement of this paragraph does not 
affect the power of the court to impose any other penalty 
authorized by law. In the case of a misdemeanor, the court may 
impose restitution in lieu of any other penalty authorized by 
law.
          * * * * * * *
  (4) In addition to ordering restitution to the victim of the 
offense of which a defendant is convicted, a court may order 
restitution to any person who, as shown by a preponderance of 
evidence, was harmed physically, emotionally, or pecuniarily, 
by unlawful conduct of the defendant during--
          (A) the criminal episode during which the offense 
        occurred; or
          (B) the course of a scheme, conspiracy, or pattern of 
        unlawful activity related to the offense.
  (b) The order may 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, [impractical] 
                impracticable, or inadequate, pay an amount 
                equal to the greater of--
                          (i) * * *
          * * * * * * *
          (2) in the case of an offense resulting in emotional 
        or bodily injury to a victim including an offense under 
        chapter 109A or chapter 110--
                  (A) * * *
          * * * * * * *
          (4) in any case, reimburse the victim for lost income 
        and necessary child care, transportation, and other 
        expenses related to participation in the investigation 
        or prosecution of the offense or attendance at 
        proceedings related to the offense; [and]
          (5) in any case, reimburse the victim for lost income 
        and necessary child care, transportation, and other 
        expenses related to participation in the investigation 
        or prosecution of the offense or attendance at 
        proceedings related to the offense; and
          [(5)] (6) in any case, if the victim (or if the 
        victim is deceased, the victim's estate) consents, make 
        restitution in services in lieu of money, or make 
        restitution to a person or organization designated by 
        the victim or the estate.
  (c) [If the court decides to order restitution under this 
section, the] The court shall, if the victim is deceased, order 
that the restitution be made to the victim's estate.
  [(d) 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.
  [(e)(1) The court shall not impose restitution with respect 
to a loss for which the victim has received or is to receive 
compensation, except that the court may, in the interest of 
justice, order restitution to any person who has compensated 
the victim for such loss to the extent that such person paid 
the compensation. An order of restitution shall require that 
all restitution to victims under such order be made before any 
restitution to any other person under such order is made.
  [(2) Any amount paid to a victim under an order of 
restitution shall be set off against any amount later recovered 
as compensatory damages by such victim in--
          [(A) any Federal civil proceeding; and
          [(B) any State civil proceeding, to the extent 
        provided by the law of that State.
  [(f)(1) The court may require that such defendant make 
restitution under this section within a specified period or in 
specified installments.
  [(2) The end of such period or the last such installment 
shall not be later than--
          [(A) the end of the period of probation, if probation 
        is ordered;
          [(B) five years after the end of the term of 
        imprisonment imposed, if the court does not order 
        probation; and
          [(C) five years after the date of sentencing in any 
        other case.
  [(3) If not otherwise provided by the court under this 
subsection, restitution shall be made immediately.
  [(4) The order of restitution shall require the defendant to 
make restitution directly to the victim or other person 
eligible under this section, or to deliver the amount or 
property due as restitution to the Attorney General or the 
person designated under section 604(a)(18) of title 28 for 
transfer to such victim or person.
  [(g) If such defendant is placed on probation or sentenced to 
a term of supervised release under this title, any restitution 
ordered under this section shall be a condition of such 
probation or supervised release. The court may revoke probation 
or a term of supervised release, or modify the term or 
conditions of probation or a term of supervised release, or 
hold a defendant in contempt pursuant to section 3583(e) if the 
defendant fails to comply with such order. In determining 
whether to revoke probation or a term of supervised release, 
modify the term or conditions of probation or supervised 
release, or hold a defendant serving a term of supervised 
release in contempt, the court shall consider the defendant's 
employment status, earning ability, financial resources, the 
willfulness of the defendant's failure to pay, and any other 
special circumstances that may have a bearing on the 
defendant's ability to pay.
  [(h) An order of restitution may be enforced--
          [(1) by the United States--
                  [(A) in the manner provided for the 
                collection and payment of fines in subchapter B 
                of chapter 229 of this title; or
                  [(B) in the same manner as a judgment in a 
                civil action; and
          [(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a 
        civil action.]
  (d)(1) The court shall order restitution to a victim in the 
full amount of the victim's losses as determined by the court 
and without consideration of--
          (A) the economic circumstances of the offender; or
          (B) the fact that a victim has received or is 
        entitled to receive compensation with respect to a loss 
        from insurance or any other source.
  (2) Upon determination of the amount of restitution owed to 
each victim, the court shall specify in the 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 
        offender;
          (B) projected earnings and other income of the 
        offender; and
          (C) any financial obligations of the offender, 
        including obligations to dependents.
  (3) A restitution order may direct the offender to make a 
single, lump-sum payment, partial payment at specified 
intervals, or such in-kind payments as may be agreeable to the 
victim and the offender.
  (4) An in-kind payment described in paragraph (3) may be in 
the form of--
          (A) return of property;
          (B) replacement of property; or
          (C) services rendered to the victim or to a person or 
        organization other than the victim.
  (e) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each 
offender liable for payment of the full amount of restitution 
or may apportion liability among the offenders to reflect the 
level of contribution and economic circumstances of each 
offender.
  (f) When the court finds that more than 1 victim has 
sustained a loss requiring restitution by an offender, the 
court shall order full restitution to each victim but may 
provide for different payment schedules to reflect the economic 
circumstances of each victim.
  (g)(1) If the 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 be paid to the 
person who provided or is obligated to provide the 
compensation, but the restitution order shall provide that all 
restitution to victims required by the order be paid to the 
victims before any restitution is paid to such a provider of 
compensation.
  (2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to 
a loss from insurance or any other source until the payments 
actually received by the victim under the restitution order 
fully compensate the victim for the loss, at which time a 
person that has provided compensation to the victim shall be 
entitled to receive any payments remaining to be paid under the 
restitution order.
  (3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as 
compensatory damages by the victim in--
          (A) any Federal civil proceeding; and
          (B) any State civil proceeding, to the extent 
        provided by the law of the State.
  (h) A restitution order shall provide that--
          (1) all fines, penalties, costs, restitution payments 
        and other forms of transfers of money or property made 
        pursuant to the sentence of the court shall be made by 
        the offender to an entity designated by the Director of 
        the Administrative Office of the United States Courts 
        for accounting and payment by the entity in accordance 
        with this subsection;
          (2) the entity designated by the Director of the 
        Administrative Office of the United States Courts 
        shall--
                  (A) log all transfers in a manner that tracks 
                the offender's obligations and the current 
                status in meeting those obligations, unless, 
                after efforts have been made to enforce the 
                restitution order and it appears that 
                compliance cannot be obtained, the court 
                determines that continued recordkeeping under 
                this subparagraph would not be useful; and
                  (B) notify the court and the interested 
                parties when an offender is 30 days in arrears 
                in meeting those obligations; and
          (3) the offender shall advise the entity designated 
        by the Director of the Administrative Office of the 
        United States Courts of any change in the offender's 
        address during the term of the restitution order.
  (i) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or 
State office for the recording of liens against real or 
personal property.
  (j) Compliance with the schedule of payment and other terms 
of a restitution order shall be a condition of any probation, 
parole, or other form of release of an offender. If a defendant 
fails to comply with a restitution order, the court may revoke 
probation or a term of supervised release, modify the term or 
conditions of probation or a term of supervised release, 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, or take any other action necessary 
to obtain compliance with the restitution order. 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 restitution order.
  (k) An order of restitution may be enforced--
          (1) by the United States--
                  (A) in the manner provided for the collection 
                and payment of fines in subchapter B of chapter 
                229 of this title; or
                  (B) in the same manner as a judgment in a 
                civil action; and
          (2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a 
        civil action.
  (l) A victim or the offender may petition the court at any 
time to modify a restitution order as appropriate in view of a 
change in the economic circumstances of the offender.
  [(i)] (m)(1) A Federal agency shall immediately suspend all 
Federal benefits provided by the agency to the defendant, and 
shall terminate the defendant's eligibility for Federal 
benefits administered by that agency, upon receipt of a 
certified copy of a written judicial finding that the defendant 
is delinquent in making restitution in accordance with any 
schedule of payments or any requirement of immediate payment 
imposed under this section.
  (2) Any written finding of delinquency described in paragraph 
(1) shall be made by a court, after a hearing, upon motion of 
the victim named in the order to receive the restitution or 
upon motion of the United States.
  (3) A defendant found to be delinquent may subsequently seek 
a written finding from the court that the defendant has 
rectified the delinquency or that the defendant has made and 
will make good faith efforts to rectify the delinquency. The 
defendant's eligibility for Federal benefits shall be 
reinstated upon receipt by the agency of a certified copy of 
such a finding.
  (4) In this subsection, ``Federal benefit'' means a grant, 
contract, loan, professional license, or commercial license 
provided by an agency of the United States.

Sec. 3664. Procedure for issuing order of restitution

  [(a) The court, in determining whether to order restitution 
under section 3663 of this title and the amount of such 
restitution, shall consider the amount of the loss sustained by 
any victim as a result of the offense, the financial resources 
of the defendant, the financial needs and earning ability of 
the defendant and the defendant's dependents, and such other 
factors as the court deems appropriate.
  [(b) The court may order the probation service of the court 
to obtain information pertaining to the factors set forth in 
subsection (a) of this section. The probation service of the 
court shall include the information collected in the report of 
presentence investigation or in a separate report, as the court 
directs.]
  (a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained 
by any victim as a result of the offense, the financial 
resources of the defendant, the financial needs and earning 
ability of the defendant and the defendant's dependents, and 
such other factors as the court deems appropriate. The 
probation service of the court shall include the information 
collected in the report of presentence investigation or in a 
separate report, as the court directs.
  [(c)] (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.
  [(d)] (c) 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.
  [(e)] (d) A conviction of a defendant for an offense 
involving the act giving rise to restitution under this section 
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.
  (e) 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.
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