[Senate Report 104-179]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 257
104th Congress                                                   Report
                                 SENATE

 1st Session                                                    104-179
_______________________________________________________________________


 
                     VICTIM RESTITUTION ACT OF 1995

                                _______


                December 6, 1995.--Ordered to be printed

_______________________________________________________________________


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

                              R E P O R T

                             together with

                     ADDITIONAL AND MINORITY VIEWS

                        [To accompany H.R. 665]

    The Committee on the Judiciary, to which was referred the 
bill (H.R. 665) to control crime by mandatory victim 
restitution, having considered the same, reports favorably 
thereon, with an amendment in the nature of a substitute, and 
recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose.........................................................12
 II. Legislative history.............................................12
III. Section summary.................................................14
 IV. Discussion......................................................17
  V. Committee action................................................25
 VI. Regulatory impact statement.....................................25
VII. Cost estimate...................................................26
VIII.Additional views of Senator Leahy...............................28

 IX. Minority views of Senator Simon.................................30
  X. Changes in existing law.........................................31

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Victims Justice Act of 1995''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                          TITLE I--RESTITUTION

Sec. 101. Order of restitution.
Sec. 102. Conditions of probation.
Sec. 103. Mandatory restitution.
Sec. 104. Order of restitution to victims of other crimes.
Sec. 105. Procedure for issuance and enforcement of restitution order.
Sec. 106. Procedure.
Sec. 107. 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;
          ``(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 
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:
                  ``(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 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.

                               I. Purpose

    The purpose of H.R. 665 is to improve the administration of 
justice in Federal criminal cases by requiring Federal criminal 
defendants to pay full restitution to the identifiable victims 
of their crimes. Crimes for which mandatory restitution would 
apply include crimes of violence, felony crimes against 
property (including crimes committed by fraud or deceit), 
product tampering, and certain drug crimes. Additionally, the 
bill has the further purposes of establishing one set of 
procedures for the issuance of restitution orders in Federal 
criminal cases, and of consolidating the procedures for the 
collection of unpaid restitution with existing procedures for 
the collection of unpaid fines, while at the same time 
strengthening these procedures.
    This legislation is needed to ensure that the loss to crime 
victims is recognized, and that they receive the restitution 
that they are due. It is also necessary to ensure that the 
offender realizes the damage caused by the offense and pays the 
debt owed to the victim as well as to society. Finally, this 
legislation is needed to replace an existing patchwork of 
different rules governing orders of restitution under various 
Federal criminal statutes with one consistent procedure.

                        II. Legislative 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). In reporting this legislation to the 
full Senate, the Committee on the Judiciary noted:

          The principle of restitution is an integral part of 
        virtually every formal system of criminal justice, of 
        every culture and every time. It holds that, whatever 
        else the sanctioning power of society does to punish 
        its wrongdoers, it should also ensure that the 
        wrongdoer is required to the degree possible to restore 
        the victim to his or her prior state of well-being. (S. 
        Rept. 97-532 at 30 (Judiciary Committee), Aug. 19, 1982 
        (to accompany S. 2420).)

    The 1982 act sought to remedy the unfortunate situation 
noted by the 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.'' (Id.)
    The 1982 act for the first time provided 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 is not ordered.
    The legislation enacted in 1982 was the subject of modest 
amendments in the years since, but remains substantially intact 
as enacted 13 years ago. Unfortunately, however, while 
significant strides have been made since 1982 toward a more 
victim-centered justice system, much progress remains to be 
made in the area of victim restitution. According to the 1994 
Annual Report of the United States Sentencing Commission, 
during fiscal year 1994, Federal courts ordered restitution in 
only 20.2 percent of criminal cases. (United States Sentencing 
Commission Annual Report 1994, table 22.) Data from the same 
report show that restitution was ordered in only 27.9 percent 
of all murders, 28.2 percent of all kidnapppings, 55.2 percent 
of all robberies, and 12.5 percent of all sexual-abuse cases.
    Language substantially similar to H.R. 665 has passed the 
Senate on three previous occasions: as section 2003 of S. 1241 
in the 101st Congress, section 2003 of H.R. 3371 in the 101st 
Congress, and as section 902 of H.R. 3355 in the 103rd 
Congress. However, this language was never approved in 
legislation presented to the President.
    In 1994, Congress enacted the Violence Against Women Act 
(VAWA) as title IV of the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322). Included in VAWA 
were provisions requiring mandatory restitution in Federal 
cases to victims of sexual abuse, sexual exploitation and other 
abuse of children, and domestic violence.
    As a result of the 1982 act, as amended, and the enactment 
of VAWA, Federal law now contains parallel victim restitution 
provisions that are mandatory for some, but not all, offenses 
and that provide different procedures for the issuance of the 
restitution order. H.R. 665, which passed the House of 
Representatives on February 7, 1995, by a vote of 431 to 0, 
would make restitution mandatory in all Federal criminal cases, 
but would not address the inconsistencies arising from various 
congressional enactments since 1982. The committee amendment is 
intended first, to require that full restitution be ordered to 
the victims of all covered offenses in which there is an 
identifiable victim, second, to establish one set of procedures 
for the issuance of restitution orders in Federal criminal 
cases, and third, to consolidate the procedures for the 
collection of unpaid restitution with existing procedures for 
the collection of unpaid fines, while at the same time 
strengthening these procedures.

                          III. Section Summary

Section 1

    Short title. Entitles the bill ``Victims Justice Act of 
1995.''

Section 2

    Table of contents.

Title I

    Restitution.
    Section 101.--Order of restitution. Amends sentencing 
provisions of title 18 to conform with mandatory restitution 
requirements.
    Section 102.--Conditions of probation. Makes compliance 
with a restitution order, payment of a special assessment, and 
notification of the court of a material change in a defendant's 
economic circumstances affecting his or her ability to pay 
fines, restitution or assessments, mandatory conditions of 
probation.
    Section 103.--Mandatory restitution. Enacts a new section 
3663A to title 18, making restitution mandatory for certain 
federal offenses.
          Requires that restitution be made to all identified 
        victims, and to other parties agreed to in any plea 
        agreement.
          Restitutable items would include property or its 
        value, medical care and therapy, lost income, funeral 
        expenses, and expenses incurred during participation in 
        investigation and prosecution proceedings.
          Covered offenses would include violent crimes, 
        property and fraud crimes under title 18, product 
        tampering, and certain drug crimes. For mandatory 
        restitution to apply, an identifiable victim would have 
        to have suffered a physical injury or pecuniary loss. 
        Additionally, the court could 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 outweigh the 
        need for restitution.
    Section 104.--Order of restitution to victims of other 
crimes. Amends other restitution sections in Title 18 to 
conform them with the new section 3663A and the redrafted 
section 3664. Amended sections include section 3663 and the 
mandatory restitution provisions of the Violence Against Women 
Act (18 U.S.C. sections 2248, 2259, and 2264). No change is 
made to the scope of restitution required under the Violence 
Against Women Act provisions, including the availability of 
emotional damages.
    Section 105.--Procedure for issuance and enforcement of 
restitution order. This section rewrites 18 U.S.C. 3664, to 
provide one consistent set of procedures for the issuance and 
enforcement of all orders of restitution in criminal cases. In 
major part, this section:
          provides for compilation and consideration of 
        information on the victims' losses and the defendants' 
        assets sufficient for the court to enter a restitution 
        order;
          provides for orders of full restitution to all 
        victims;
          provides for a schedule of nominal payments in cases 
        where the defendant's economic circumstances do not 
        presently allow the defendant to pay the full amount of 
        restitution ordered;
          specifies that restitution can be ordered in a single 
        lump-sum payment, installment payments, in-kind 
        payments, or a combination of installment payments and 
        in-kind payments;
          specifies that victims may not be required to 
        participate in any phase of a restitution order;
          gives the court the discretion either to make 
        multiple defendants jointly and severally liable for 
        payment of the full restitution award, or to apportion 
        the restitution order among the various defendants;
          provides that if more than one victim has sustained a 
        loss, the court may order different payment schedules 
        with respect to each victim based on various factors, 
        and provides that restitution owed to individual 
        victims shall be paid before restitution owed to the 
        United States;
          clarifies that if a victim receives, or is entitled 
        to receive, compensation from some other source 
        (including insurance proceeds), the court must order 
        that, after the victim's losses have been fully 
        satisfied, restitution be payed to the person providing 
        that compensation;
          provides that the defendant has the duty to report 
        any material changes in the defendant's economic 
        circumstances that might affect the defendant's ability 
        to pay restitution, and permits the restitution order's 
        payment schedule to be modified on the basis of the 
        changed circumstances;
          provides for the enforcement and collection of a 
        restitution order in the same manner as fines under 
        Title 18, and
          provides that any substantial resources acquired by 
        an incarcerated defendant owing restitution shall be 
        applied to restitution still owed.
    Section 106.--Procedure. Establishes procedures for the 
collection of restitution orders, and consolidates these 
procedures with existing procedures for the collection of 
federal criminal fines. Strengthens the collection provisions 
for restitution and fines. In major part, this section:
          (a) Amends Rule 32(b) of the Federal Rules of 
        Criminal Procedure to require that a presentence 
        report, or other report sufficient to allow the court 
        to formulate a restitution order, be made whenever 
        restitution is to be ordered;
          (b) Adds restitution to existing provisions governing 
        the imposition of a fine in federal criminal cases (18 
        U.S.C. 3572);
                  allows the courts to give priority to the 
                imposition of fines over orders of restitution 
                only when the United States is the party 
                receiving restitution;
                  includes restitution in provisions governing 
                payment of fines and monetary penalties, 
                replaces requirement that a payment schedule 
                not exceed 5 years with a requirement that it 
                reflect the shortest time possible, and permits 
                the court to adjust the payment schedule for 
                fines based on changes in the defendant's 
                economic circumstances, similar to the 
                discretion given the court regarding 
                restitution payment schedules in new section 
                3664(k);
                  includes restitution in the provisions 
                governing monetary obligations relating to 
                organizations (section 3572(f)), delinquency 
                (section 3572(h)) and default (section 3572(i), 
                and references hearing provisions of new 
                section 3613A in the provisions governing 
                default;
          (c) Adds restitution to the provisions governing the 
        post-sentence administration of fines, including 
        collection (18 U.S.C. 3611 et seq.), and:
                  permits the victim to request that 
                restitution be paid directly to the victim or 
                to the victim's designee;
                  provides that moneys collected from 
                defendants will be applied first to the payment 
                of assessments under 18 U.S.C. 3013, second to 
                restitution to all victims, and third to the 
                payment of any other fines, penalties and costs 
                imposed;
                  adds authorization for the assessment of 
                interest and penalties on unpaid restitution to 
                existing authority for interest and penalties 
                on unpaid fines;
                  provides that a restitution order constitutes 
                a lien on the defendants property in favor of 
                the victim (or in favor of the United States in 
                certain circumstances), extends the period of a 
                lien pursuant to a fine or restitution to 20 
                years after the defendant's release from 
                incarceration, removes the provision which 
                extinguishes the obligation to pay a fine after 
                20 years, and adds provisions relating to 
                jointly held property to provisions governing 
                liens for the enforcement of fines and 
                restitution;
          (d) Adds a new section 3613A to title 18. This new 
        section provides for a hearing on a defendant's 
        delinquency in making or default on payments of fines 
        or restitution, and:
                  provides courts with a range of remedial 
                options in case of delinquency or default, 
                including revocation or modification of 
                probation or supervised release, resentencing, 
                holding the defendant in contempt of court, 
                ordering the sale of defendant's property, or 
                adjusting the defendant's payment schedule;
                  provides the court with factors for 
                consideration in determining a remedy, 
                including the defendant's earning ability, 
                financial resources, and willfulness in failing 
                to comply with the fine or restitution order;
                  allows the hearing to be held by a magistrate 
                judge; and
                  permits on-site hearings or remote hearings 
                via communications technology for any defendant 
                who is incarcerated;
          (e) Clarifies that a defendant may not be 
        incarcerated for failure to make fine or restitution 
        payments solely on the basis of indigence.
    Section 107.--Juvenile delinquency; dispositional hearing. 
Requires that an order of restitution be entered in any 
juvenile delinquency proceeding in which a juvenile is 
adjudicated delinquent for an offense for which restitution 
would be mandatory if the juvenile were tried and convicted as 
an adult.
    Section 108.--Instruction to Sentencing Commission. 
Requires the Sentencing Commission to amend the Sentencing 
Guidelines to reflect mandatory restitution provisions.
    Section 109.--Justice Department guidelines. Requires the 
Attorney General to amend U.S. attorney guidelines to encourage 
U.S. attorneys to consider the restitution needs of all an 
offender's victims when negotiating a plea agreement, and to 
ensure the full enforcement of restitution orders.
    Section 110.--Special assessments on convicted persons. 
Doubles the special assessments on persons convicted in certain 
federal cases. This provision has passed the Senate as a part 
of the Comprehensive Terrorism Prevention Act of 1995 (S. 735).
    Section 111.--Crime Victims Fund. Bars crime victim fund 
payments to Federal convicts delinquent in their fine or 
restitution payments, and provides that victim assistance is 
not to be counted as income for the purpose of determining 
eligibility for Federal benefits.
    Section 112.--Victims of Terrorism Act. Authorizes 
supplemental grants through the States to compensate and assist 
victims of terrorism and mass violence and makes improvements 
to the Crime Victims Fund. This provision has also passed the 
Senate as a part of S. 735.
    Section 113.--Effective date. Provides effective dates for 
the provisions of Title I.

Title II

    Severability.
    Section 201.--Severability. Provides that, in the event 
that any of the provisions of the act is found 
unconstitutional, the remainder of the act remains in force.
    Section 202.--Study and report. Requires the Attorney 
General and the Director of the Administrative Office of the 
United States Courts to jointly study and report to the 
Judiciary Committees of the House and Senate on the 
disbursement of funds paid out of the Crime Victims Fund and on 
the impact of the amendments made by this act on the Crime 
Victims Fund.

                             IV. Discussion

                             A. In General

    The economic and personal costs of crime to the American 
people are enormous. According to the Bureau of Justice 
Statistics, each year 25 percent of U.S. households are 
victimized by one or more crimes. Approximately 2 million 
people in the United States are injured each year as a result 
of violent crime. Approximately 51 percent of those injured 
require some level of medical attention, and 23 percent require 
treatment at a hospital, with an average stay of 9 days.
    The true cost to the victims and survivors of crime, 
particularly violent crime, is incalculable. Even so, where 
known, the direct costs of crime to its victims are staggering. 
In 1991, the direct economic costs of personal and household 
crime was estimated at $19.1 billion, a figure that does not 
include the costs associated with homicides or costs attributed 
to the criminal justice system. According to recently released 
data from the Federal Bureau of Investigation, two-thirds of 
all burglaries in 1994 were perpetrated against a residence, 
with an average loss of $1,296. In total, Americans lost $3.6 
billion to burglars in 1994.
    Robberies accounted for an estimated $496 million in losses 
to victims in 1994. Yet, as with other violent crimes, this 
figure does not adequately convey the victims' losses. As the 
FBI cogently stated in its recently released report Crime in 
the United States, 1994, ``[t]he impact of this violent crime 
on its victims cannot be measured in terms of monetary loss 
alone. * * * [T]he crime always involves force or the threat of 
force, and many victims suffer serious personal injury.''
    It is essential that the criminal justice system recognize 
the impact that crime has on the victim, and, to the extent 
possible, ensure that offender be held accountable to repay 
these costs. This is the essence of the committee's intent in 
favorably reporting the bill H.R. 665, the Victims Justice Act 
of 1995.
    During consideration of this legislation, the committee 
took testimony from the Federal judiciary on the impact the 
legislation may have on the criminal justice system. In 
testimony before the committee, the Chair of the Criminal Law 
Committee of the Judicial Conference of the United States noted 
that 85 percent of all Federal defendants are indigent at the 
time of sentencing, and thus unlikely to be able to pay 
restitution. According to this testimony, mandatory victim 
restitution ``will not lead to any appreciable increase in 
compensation to victims of crime.''
    The committee, while respectful of the Judicial 
Conference's views, believes that this position underestimates 
the benefits that even nominal restitution payments have for 
the victim of crime, as well as the potential penalogical 
benefits of requiring the offender to be accountable for the 
harm caused to the victim.
    The committee is not unmindful of the costs to the justice 
system of this legislation. In its amendment to H.R. 665, the 
Committee has attempted to reduce these costs by limiting 
mandatory restitution to those Federal offenses in which an 
identifiable victim suffers physical injury or a pecuniary 
loss. Additionally, the committee intends that its amendment 
streamlining the process for issuing and enforcing an order of 
restitution will have a salutary effect on the costs associated 
with victim restitution.

                 B. mandatory restitution--Section 103

    It is the committee's intent that courts order full 
restitution to all identifiable victims of covered offenses, 
while guaranteeing that the sentencing phase of criminal trials 
do not become fora for the determination of facts and issues 
better suited to civil proceedings.
    To that end, the committee amendment restricts mandatory 
restitution requirements to criminal cases involving either a 
crime of violence, as defined in section 16 of title 18, United 
States Code; a felony against property under title 18, 
including any felony under title 18 committed by fraud or 
deceit; a crime involving tampering with consumer products 
under section 1365 of title 18, and offenses under part D of 
the Controlled Substances Act (21 U.S.C. 841 et seq.).
    Moreover, the committee amendment requires that there be an 
identifiable victim who suffers a physical injury or pecuniary 
loss before mandatory restitution provisions would apply. The 
committee intends this provision to mean, except where a 
conviction is obtained by a plea bargain, that mandatory 
restitution provisions apply only in those instances where a 
named, identifiable victim suffers a physical injury or 
pecuniary loss directly and proximately caused by the course of 
conduct under the count or counts for which the offender is 
convicted.
    In the case of a conviction obtained by a plea bargain, it 
is the committee's intent that, in addition to any restitution 
mandatory for the offense for which the victim is convicted, 
all other restitution included in the plea agreement and 
supported by fact be ordered by the court. The committee 
recognizes the central role played by plea bargaining in the 
Federal criminal justice system. Nothing in this act is 
intended by the committee to impair the fundamental and 
critical function served by plea bargaining in the 
administration of justice, or the traditional authority of the 
court to accept a plea.
    In all cases, it is the committee's intent that highly 
complex issues related to the cause or amount of a victim's 
loss not be resolved under the provisions of mandatory 
restitution. The committee believes that losses in which the 
amount of the victim's losses are speculative, or in which the 
victim's loss is not clearly causally linked to the offense, 
should not be subject to mandatory restitution.
    Other than offenses under part D of the Controlled 
Substances Act (21 U.S.C. 841 et seq.), the committee 
specifically rejects expanding the scope of offenses for which 
restitution is available beyond those for which it is available 
under current law. Regulatory or other statutes governing 
criminal conduct for which restitution is not presently 
available historically contain their own methods of providing 
restitution to victims and of establishing systems of sanctions 
and reparations that the committee believes should be left 
unaffected by this act.

                   c. other restitution--section 104

    This section is intended by the committee to conform the 
mandatory and permissive restitution provisions in current law 
to the provisions of this act. In particular, the committee 
intends no change to the scope of restitution authorized by the 
mandatory restitution provisions of the Violence Against Women 
Act (title IV of the Violent Crime Control and Law Enforcement 
Act of 1994, Public Law 103-322, relevant sections codified at 
18 U.S.C. 2248, 18 U.S.C. 2259, and 18 U.S.C. 2264).
    Moreover, as noted, except to the extent that this act 
would make restitution mandatory under certain circumstances, 
the committee intends no change in the range of statutes 
covered by permissive restitution under 18 U.S.C. 3663.

   d. procedures for issuance and enforcement of restitution order--
                              section 105

    This section provides one consolidated procedure for the 
issuance restitution orders. Under present law, there are 
different procedures that apply for the issuance of orders 
under 18 U.S.C. 3663, the basic victim restitution statute, and 
the mandatory restitution provisions enacted as a part of the 
Violence Against Women Act (18 U.S.C. 2248, 2259, and 2264). 
The committee believes that the administration of justice will 
be better served by providing one set of procedures to govern 
the issuance of restitution orders in Federal criminal cases.
    The procedures contained in this section are intended to 
provide a streamlined process for the determination of both the 
amount of restitution owed to each victim and the terms of 
repayment based on a reasonable interpretation of the 
defendant's economic circumstances. The committee believes that 
the need for finality and certainty in the sentencing process 
dictates that this determination be made quickly, but also 
recognizes that justice requires that this particular aspect of 
the criminal sentence be subject to review in the light of 
changed circumstances. The committee believes that restitution 
must be considered a part of the criminal sentence, and that 
justice cannot be considered served until full restitution is 
made.
    This section requires the probation service to assemble, as 
a part of the presentence investigation process, information 
sufficient for the court to enter a restitution order. The 
committee intends that the prosecutor and all victims who have 
not waived restitution will cooperate in the determination of 
the victims' losses. The committee also intends that the 
defendant's affidavit stating the defendant's assets and 
ability to pay be subject to strict review by the court. In 
particular, the committee is concerned that defendants not be 
able to fraudulently transfer assets that might be available 
for restitution. At the same time, the committee intends that 
the rights of innocent third parties in assets jointly held 
with the defendant be protected.
    This section also provides that the provisions of rule 
32(c) of the Federal Rules of Criminal Procedure and of 
chapters 227 and 232 of title 18 shall be the only rules 
applicable to proceedings relating to the issuance of a 
restitution order. This provision is intended by the committee 
to clarify that the issuance of a restitution order is an 
integral part of the sentencing process that is to be governed 
by the same, but no greater, procedural protections as the rest 
of the sentencing process.
    The committee is concerned that without this clarification, 
the restitution phase of the sentencing process could devolve 
into a full-scale evidentiary hearing. The committee believes 
that such a development would be contrary to the interests of 
the swift administration of justice.
    The committee believes that this provision fully comports 
with the requirements of the due process clause of the fifth 
amendment. Although the sentencing phase of a criminal trial is 
subject to due process requirements, it does not require the 
same degree of protection as does the guilt determination 
phase. The sole due process interest of the defendant being 
protected during the sentencing phase is the right not to be 
sentenced on the basis of invalid premises or inaccurate 
information. These interests are adequately protected by the 
provisions of this act. Moreover, the act also ensures the 
protection of the victim's right to a fair determination of 
restitution owed. The committee believes this provision will 
ensure the streamlined administration of justice while at the 
same time protecting the rights of all individuals.
    The committee recognizes that a significant number of 
defendants required to pay restitution under this act will be 
indigent at the time of sentencing. Moreover, many of these 
defendants may also be sentenced to prison terms as well, 
making it unlikely that they will be able to make significant 
payments on a restitution payment schedule. At the same time, 
these factors do not obviate the victim's right to restitution 
or the need that defendants be ordered to pay restitution.
    For these reasons, the committee has included in its 
amendment provisions permitting the court to order full 
restitution under a schedule of nominal payments in those 
instances where the defendant cannot pay restitution. The 
committee recognizes that restitution is an integral part of 
the criminal sentence that must be complied with. For this 
reason, the defendant is also required to report material 
changes in his or her economic circumstances that might affect 
the ability to pay restitution, and the court is authorized to 
amend the payment requirements accordingly.
    The committee intends that this provision improve the 
implementation of restitution orders. Should the defendant's 
economic circumstances change to allow greater restitution 
payments, these payments should be required. Similarly, if the 
defendant's economic circumstances change so that the 
defendant's ability to pay is impaired, the court may adjust 
the payments accordingly without discharging the defendant's 
obligation to pay full restitution. In making such adjustments, 
however, the court should consider the willfulness, if any, of 
the defendant in avoiding the payment of restitution through 
changed circumstances.
    The committee believes that a clarification is necessary to 
ensure the proper interpretation of section 3664(j)(2) of the 
committee substitute. This provision states that ``[a]ny amount 
paid to a victim under an order of restitution shall be reduced 
by any amount later recovered [by the victim] as compensatory 
damages for the same loss'' in a later Federal civil proceeding 
or State civil proceeding to the extent provided by State law.
    The purpose of this provision, like its predecessor in 
current law, is to ensure that the victim is not compensated 
twice for the same loss. The committee believes, however, that 
clarification is needed regarding the intended meaning of 
``same loss''. It is the intent of the committee that ``same 
loss'' refer to a specific loss arising from the same criminal 
act, not to the criminal act or episode itself in which the 
loss occurred. For example, if a victim receives restitution 
for hospitalization resulting from a criminal act, but suffers 
emotional harm or other losses not included in the restitution 
order, any later award for civil damages for the injuries not 
included in the restitution order should not be deemed to 
reduce the total restitution owed. The committee believes that 
an order of restitution in a criminal case should in no way 
impair the ability of the victim to seek or obtain civil 
damages for losses arising from the same criminal act, but for 
which restitution is not awarded.

                       e. procedure--section 106

    This section provides for the postconviction enforcement of 
restitution orders by amending the provisions of title 18 
governing the postconviction enforcement of criminal fines to 
include restitution orders. The provision also makes changes 
intended by the committee to strengthen the ability of the 
Government to collect fines and restitution.
    This section removes the provisions in current law that 
limit the length of time over which the court may schedule fine 
and restitution payments, and replaces these provisions with a 
requirement that the payment period be the shortest period in 
which the debt can reasonably be paid. The committee believes 
that current limitations on the length of time over which a 
fine or restitution may be paid needlessly limit the court's 
discretion in fashioning an order, and may in fact discourage 
orders of restitution in those instances where a reasonable 
payment schedule would extend beyond the statutory limit. The 
committee believes that fines are a part of the criminal 
sentence, and that restitution is owed the victim without 
regard to any sentence imposed. The obligation to pay these 
debts should not expire by the passage of time.
    This section also provides for a hearing to consider the 
delinquency or default of a defendant subject to an order to 
pay a fine or restitution. The committee recognizes, and seeks 
to mitigate, the burden repeated enforcement hearings could 
place on the courts. It is the committee's intent that the 
availability of progressively harsher penalties for failure to 
comply with an order of a criminal fine or restitution will 
provide adequate tools to the court to ensure compliance. The 
committee also encourages the courts to consider the failure of 
a defendant to meet a nominal payment schedule to be per se 
willful for the purpose of imposing sanctions.
    This section establishes a priority for the application of 
payments by a criminal defendant. Under the committee 
substitute, payments would be applied first to special 
assessments under section 3013 of title 18, then to the 
restitution of all victims, and last to the payment of any 
other fines, penalties, or costs imposed. It is the committee's 
view that special assessments, which are used to fund victims 
assistance programs, and restitution, which goes to individual 
victims, should take precedence over other criminal debts. 
However, it is also the committee's intent that restitution, 
fines, and other penalties and assessments not be construed to 
inhibit the criminal or civil forfeiture of assets. In 
particular, criminal debts should not be payable out of 
criminal proceeds otherwise forfeitable, as the committee 
believes that this would, in effect, permit the defendant to 
profit from the offense.

                   f. juvenile offenses--section 107

    This section provides that juveniles who commit offenses 
that, were they tried and convicted as an adult would require 
the mandatory imposition of a restitution order, shall be 
ordered to pay restitution. It is the view of the committee 
that the just treatment of victims requires that juvenile 
offenders who commit adult crimes be required to pay 
restitution.

          g. instruction to sentencing commission--section 108

    This provision requires the United States Sentencing 
Commission to amend the Sentencing Guidelines to conform the 
Guidelines to the provisions of this act.

             h. justice department regulations--section 109

    This provision requires the Attorney General to promulgate 
guidelines for U.S. attorneys to ensure that, in plea 
agreements negotiated by the United States, consideration is 
given to requesting the defendant to provide full restitution 
to all victims of all charges contained in the indictment or 
information.
    H.R. 665, as passed by the House, includes a provision 
authorizing the courts to order restitution to parties other 
than the direct victim of the offense. The House provision is 
intended to provide restitution to victims of so-called dropped 
or uncharged counts. For example, if a defendant is known to 
have committed three assaults, but is charged with, or pleads 
to, only two of these offenses, the House bill would permit the 
court to order the defendant to pay restitution to the victims 
of the remaining offense as well.
    The committee had grave concerns about the 
constitutionality of the House provision. It is the committee's 
view that permitting the court to order restitution for 
offenses for which the defendant has neither been convicted nor 
pleaded guilty may violate the due process clause of the fifth 
amendment.
    However, the committee shares the goal underlying the House 
provision that all an offender's victims receive restitution 
for their losses. Typically, a victim is powerless to affect 
the prosecutor's decision whether or how to proceed against a 
defendant. The committee believes the victim's losses deserve 
recognition and compensation.
    This provision is intended to address this problem by 
providing guidance to U.S. attorneys to guarantee that the 
concerns of these victims are considered. The committee is 
sensitive to the discretion inherent in the prosecutorial 
function, as well as to the centrality of the plea bargain 
process to the orderly administration of justice. However, it 
is the committee's intent that this provision be implemented in 
a manner that ensures the greatest practicable restitution to 
crime victims. The committee emphatically believes that the 
consideration of restitution in a plea agreement should not be 
the basis for a reduction in charges or a recommendation 
related to sentencing. It is the committee's view that 
restitution is due all identifiable victims of the defendant's 
offenses in addition to any sentence that may lawfully be 
imposed.
    This section also requires the Attorney General to 
promulgate guidelines to ensure aggressive enforcement of 
restitution orders. In the view of the committee, orders of 
restitution are largely worthless without enforcement. The 
committee recognizes the resource needs of the Department of 
Justice, and intends that the Department commit the resources 
necessary to ensure that the rights of victims are enforced.

        i. special assessments on convicted persons--section 110

    The provisions of this section were suggested by Senator 
McCain and Senator Leahy, and were initially considered and 
passed by the Senate as an amendment to the Comprehensive 
Terrorism Prevention Act, S. 735. This section doubles the 
amount of special assessments imposed on persons convicted of a 
felony in Federal court. Under current law, persons convicted 
of a felony in Federal court are assessed a penalty of $50 in 
the case of an individual, and $200 in the case of a group or 
corporation, in addition to any other fine or penalty imposed. 
These assessments partially fund the Crime Victims Fund, from 
which victim assistance and restitution grants are made to the 
States. The doubling of the assessments, to $100 in the case of 
an individual and $400 in the case of a group or corporation, 
will enhance the resources available to assist victims of 
crime.

                   j. crime victims fund--section 111

    This section, suggested by Senator McCain, prohibits the 
payment of federally funded victim assistance to any individual 
who is delinquent in paying a fine, restitution, or other 
monetary penalty imposed pursuant to a conviction for a crime 
in federal court. To ensure that a burden is not imposed on 
State victim assistance programs, as well as to ensure that no 
person is wrongfully denied assistance, this prohibition would 
not take effect until such time as a criminal debt tracking 
system is in place. The committee does not intend that this act 
in any way affect the development of the tracking system 
referenced by this section.
    This section also amends the Victims of Crime Act governing 
the use of victims assistance grants to ensure that crime 
victims are not penalized for utilizing services available to 
them. Crime victims may receive funds for medical or other 
assistance made necessary by crime victimization. Current law 
permits these funds to be included in the calculation of the 
victim's income for the purpose of determining eligibility for 
other victim assistance programs that have maximum income tests 
for eligibility. Thus, victims can have their eligibility for 
some programs terminated as a result of their participation in 
other programs. This section corrects this problem by providing 
that victims assistance may not be considered income for the 
purpose of qualifying for other federally funded victim 
assistance.

        k. improvements to the victims of crime act--section 112

    These provisions of this section were suggested by Senator 
Leahy and were initially considered and passed by the Senate as 
an amendment to the Comprehensive Terrorism Prevention Act, S. 
735. This section allows an emergency reserve to be established 
from increases in the Crime Victims Fund, and authorizes 
supplemental grants to the States from the emergency reserve 
for victims of terrorist acts or mass violence both within the 
United States and outside its territorial boundaries. It 
improves the Victims of Crime Act by strengthening victims 
assistance programs, allowing the planning and grant cycle to 
extend over 3 years, and increasing the base amount for victims 
assistance grants to the States.

                          V. Committee Action

                              A. Hearings

    The Senate Committee on the Judiciary, with Senator Hatch 
presiding, convened at 10:10 a.m. on Wednesday, November 8, 
1995, to take testimony on the bill H.R. 665. Present were 
Senators Hatch, Grassley, Kyl, Abraham, Biden, and Feinstein. 
The committee took testimony from the Honorable Don Nickles, a 
U.S. Senator from the State of Oklahoma, the Honorable Maryanne 
Trump Barry, U.S. District Judge for the District of New Jersey 
and Chair, Committee on Criminal Law, Judicial Conference of 
the United States, and a panel consisting of David Beatty, 
director of public policy, National Victim Center, Arlington, 
VA, and John H. Stein, deputy director and director of public 
affairs, National Organization for Victim Assistance, 
Washington, DC.

                       B. Committee Consideration

    The Senate Committee on the Judiciary, with a quorum 
present, met on Thursday, November 16, 1995, at 10 a.m., to 
mark up H.R. 665. Senator Hatch, on behalf of himself, Senator 
Biden, and Senator Thurmond, offered a substitute amendment.
    The substitute amendment revises the mandatory restitution 
provisions of the bill, conforms existing mandatory restitution 
provisions, consolidates procedures for the issuance and 
enforcement of an order of restitution, adds a requirement of 
mandatory restitution for certain Federal offenses committed by 
a juvenile, requires the United States Sentencing Commission to 
amend the Sentencing Guidelines to reflect mandatory 
restitution provisions, requires the Attorney General to amend 
U.S. attorney guidelines to encourage U.S. attorneys to 
consider the needs of all an offender's victims when 
negotiating a plea agreement, doubles the special assessment on 
persons convicted in certain Federal cases, and makes 
improvements to the Crime Victims Fund.
    The substitute amendment was accepted by unanimous consent.
    The Committee on the Judiciary then passed H.R. 665, as 
amended by the substitute amendment, on a rollcall vote of 16 
yeas to 1 nay. Senators Hatch, Thurmond, Simpson, Brown, 
Grassley, Specter, Thompson, Kyl, DeWine, Abraham, Biden, 
Leahy, Heflin, Kohl, Feinstein, and Feingold voted aye. Senator 
Simon voted nay.

                    VI. Regulatory Impact Statement

    Pursuant to paragraph 11(b), rule XXVI of the Standing 
Rules of the Senate, the committee, after due consideration, 
concludes that House bill 665 will not have direct regulatory 
impact.

                           VII. Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, December 1, 1995.
Hon. Orrin G. Hatch,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 665, the Victims Justice Act of 1995, as ordered 
reported by the Senate Committee on the Judiciary on November 
16, 1995. We estimate that enacting H.R. 665 would result in 
increased costs to the federal government, subject to 
appropriations of the necessary amounts. In addition, the act 
would result in direct spending and receipts. Therefore, pay-
as-you-go procedures would apply to this legislation. The 
following table summarizes the estimated budgetary impact of 
H.R. 665.

----------------------------------------------------------------------------------------------------------------
                                                              1996       1997       1998       1999       2000  
----------------------------------------------------------------------------------------------------------------
Changes in Spending Subject to Appropriations:                                                                  
    Estimated authorization level........................         25         30         30         30         30
    Estimated outlays....................................         23         30         30         30         30
Changes in Revenues:                                                                                            
    Estimated revenues...................................          3          4          4          4          4
Changes in Direct Spending:                                                                                     
    Estimated budget authority...........................          0          4          5          5          5
    Estimated outlays....................................          0          3          5          5          5
----------------------------------------------------------------------------------------------------------------

    H.R. 665 would require that, in certain cases, federal 
courts order defendants to pay restitution to victims. Under 
current law, orders of restitution are optional. The act would 
make several other changes to the laws relating to restitution 
and would make administrative changes to the laws governing the 
use of the Crime Victims Fund.
    Based on information provided by the Administrative Office 
of the United States Courts, CBO expects that enacting this 
legislation would result in 10,000 to 20,000 additional orders 
of restitution annually. Each order of restitution would 
increase administrative expenditures of the courts and 
litigation and enforcement costs of the United States Attorneys 
by about $2,000. Hence, CBO estimates that discretionary costs 
for implementing H.R. 665 would eventually total about $30 
million annually, assuming appropriation of the necessary 
amounts.
    Two other provisions of H.R. 665 would have significant 
federal budgetary impacts. The act would double the special 
assessment on persons convicted of felonies, from $50 to $100 
in certain cases and from $200 to $400 in others. This 
provision would increase governmental receipts from 
assessments. Based on information from the Executive Office of 
United States Attorneys, we estimate that collections would 
increase by about $3 million in fiscal year 1996 and $4 million 
in each year thereafter. Assessments would be deposited in the 
Crime Victims Fund and would be available for spending in the 
following year.
    In addition, one of the act's changes to the Crime Victims 
Fund would result in direct spending. Under current law, 
portions of grants awarded from the Crime Victims Fund that 
remain unobligated at the end of the fiscal year after the year 
in which the grant was awarded are returned to the general fund 
of the Treasury. Over the past five years, an average of about 
$1 million annually has been returned for this reason. Under 
H.R. 665, any amounts that remain unobligated at the end of the 
second fiscal year after the year in which the grant was 
awarded would remain in the Crime Victims Fund and would be 
available for obligation. As a result, amounts that would have 
been returned to the Treasury would instead be spent from the 
Crime Victims Fund in later years. We estimate that this 
additional direct spending would be less than $500,000 in 
fiscal year 1996 and about $1 million annually thereafter.
    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 contacts are Mark 
Grabowicz, and for governmental receipts, Stephanie Weiner.
            Sincerely,
                                          Paul Van de Water
                                   (For June E. O'Neill, Director).
                VIII. ADDITIONAL VIEWS OF SENATOR LEAHY

    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 substitute 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 112 of the substitute incorporates the Victims of 
Terrorism Act, which will accomplish a number of worthwhile 
objectives. It includes a proposal I made 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 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 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 U.S. 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.
    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 hire 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 one year. Three years has been a 
standard that has worked well in other programming settings. 
Crime victims' programming deserves no less security.
    Finally, in 1984 when we established the Crime Victims Fund 
to provide Federal assistance to State and local victims 
compensation and assistance efforts, 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 substitute 
includes as section 110 a provision doubling 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 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 and Senate 
passage of this substitute, including the Victims of Terrorism 
Act.

                                                     Patrick Leahy.
                  IX. MINORITY VIEWS OF SENATOR SIMON

    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. My colleagues, Senators Kyl 
and Feinstein, have proposed an amendment 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 a drug treatment organizations. I 
would support such a proposal, and other similar measures, 
within a permissive system.

                                                        Paul Simon.
                       X. Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
H.R. 665, 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):

                           UNITED STATES CODE

          * * * * * * *

                Title 18--Crimes and Criminal Procedure

          * * * * * * *

                      CHAPTER 109A.--SEXUAL ABUSE

          * * * * * * *

Sec. 2248. Mandatory restitution

    (a) In General.--Notwithstanding section 3663 or 3663A, and 
in addition to any other civil or criminal penalty authorized 
by law, the court shall order restitution for any offense under 
this chapter.
    (b) Scope and Nature of Order.--
          [(1) Directions.--The order of restitution under this 
        section shall direct that--
                  [(A) the defendant 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 (3); and
                  [(B) the United States Attorney enforce the 
                restitution order by all available and 
                reasonable means.]
          (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).
          [(2) Enforcement by victim.--An order of restitution 
        also 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) 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.
          * * * * * * *
          (4) Order mandatory.--(A) The issuance of a 
        restitution order under this section is mandatory.
          (B) A court may not decline to issue an order under 
        this section because of--
                  (i) the economic circumstances of the 
                defendant; or
                  (ii) the fact that a victim has, or is 
                entitled to, receive compensation for his or 
                her injuries from the proceeds of insurance or 
                any other source.
          [(C)(i) Notwithstanding subparagraph (A), the court 
        may take into account the economic circumstances of the 
        defendant in determining the manner in which and the 
        schedule according to which the restitution is to be 
        paid.
          [(ii) For purposes of this subparagraph, the term 
        ``economic circumstances'' includes--
                  [(I) the financial resources and other assets 
                of the defendant;
                  [(II) projected earnings, earning capacity, 
                and other income of the defendant; and
                  [(III) any financial obligations of the 
                defendant, including obligations to dependents.
          [(D) Subparagraph (A) does not apply if--
                  [(i) the court finds on the record that the 
                economic circumstances of the defendant do not 
                allow for the payment of any amount of a 
                restitution order, and do not allow for the 
                payment of any or some portion of the amount of 
                a restitution order in the foreseeable future 
                (under any reasonable schedule of payments); 
                and
                  [(ii) the court enters in its order the 
                amount of the victim's losses, and provides a 
                nominal restitution award.
          [(5) More than 1 offender.--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.
          [(6) More than 1 victim.--When the court finds that 
        more than 1 victim has sustained a loss requiring 
        restitution by an offender, the court shall order full 
        restitution of each victim but may provide for 
        different payment schedules to reflect the economic 
        circumstances of each victim.
          [(7) Payment schedule.--An order under this section 
        may direct the defendant to make a single lump-sum 
        payment or partial payments at specified intervals.
          [(8) Setoff.--Any amount paid to a victim under this 
        section shall be set off against any amount later 
        recovered as compensatory damages by the victim from 
        the defendant in--
                  [(A) any Federal civil proceeding; and
                  [(B) any State civil proceeding, to the 
                extent provided by the law of the State.
          [(9) Effect on other sources of compensation.--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.
          [(10) Condition of probation or supervised release.--
        Compliance with a restitution order issued under this 
        section shall be a condition of any probation or 
        supervised release of a defendant. If an offender fails 
        to comply with a restitution order, the court may, 
        after a hearing, revoke probation or a term of 
        supervised release, modify the terms or conditions of 
        probation or a term of supervised release, or hold the 
        defendant in contempt pursuant to section 3583(e). In 
        determining whether to revoke probation or a term of 
        supervised release, modify the terms 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 and financial resources, the 
        willfulness of the defendant's failure to comply, and 
        any other circumstances that may have a bearing on the 
        defendant's ability to comply.
    [(c) Proof of Claim.--
          [(1) Affidavit.--Within 60 days after conviction and, 
        in any event, not later than 10 days prior to 
        sentencing, the United States Attorney (or the United 
        States Attorney's delegee), after consulting with the 
        victim, shall prepare and file an affidavit with the 
        court listing the amounts subject to restitution under 
        this section. The affidavit shall be signed by the 
        United States Attorney (or the United States Attorney's 
        delegee) and the victim. Should the victim object to 
        any of the information included in the affidavit, 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.
          [(2) Objection.--If, after the defendant has been 
        notified of the affidavit, no objection is raised by 
        the defendant, the amounts attested to in the affidavit 
        filed pursuant to paragraph (1) shall be entered in the 
        court's restitution order. If objection is raised, the 
        court may require the victim or the United States 
        Attorney (or the United States Attorney's delegee) to 
        submit further affidavits or other supporting 
        documents, demonstrating the victim's losses.
          [(3) Additional documentation and testimony.--If the 
        court concludes, after reviewing the supporting 
        documentation and considering the defendant's 
        objections, 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.
          [(4) Final determination of losses.--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 
        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.
    [(d) Modification of Order.--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.
    [(e) Reference to Magistrate or Special Master.--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.]
    [(f)] (c) Definition.--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.
          * * * * * * *

      CHAPTER 110--SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN

          * * * * * * *

Sec. 2259. Mandatory restitution

    (a) In General.--Notwithstanding section 3663 or 3663A, and 
in addition to any other civil or criminal penalty authorized 
by law, the court shall order restitution for any offense under 
this chapter.
    (b) Scope and Nature of Order.--
          [(1) Directions.--The order of restitution under this 
        section shall direct that--
                  [(A) the defendant pay to the victim (though 
                the appropriate court mechanism) the full 
                amount of victim's losses as determined by the 
                court, pursuant to paragraph (3); and
                  [(B) the United States Attorney enforce the 
                restitution order by all available and 
                reasonable means.]
          (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).
          [(2) Enforcement by victim.--An order of restitution 
        may also be enforced by a victim named in the order to 
        receive the restitution in the same manner as a 
        judgment in a civil action.]
          (2) 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.
          * * * * * * *
          (4) Order mandatory.--(A) The issuance of a 
        restitution order under this section is mandatory.
          (B) A court many not decline to issue an order under 
        this section because of--
                  (i) the economic circumstances of the 
                defendant; or
                  (ii) the fact that a victim has, or is 
                entitled to, receive compensation for his or 
                her injuries from the proceeds of insurance or 
                any other source.
          [(C)(i) Notwithstanding subparagraph (A), the court 
        may take into account the economic circumstances of the 
        defendant in determining the manner in which and the 
        schedule according to which the restitution is to be 
        paid.
          [(ii) For purposes of this subparagraph, the term 
        ``economic circumstances'' includes--
                  [(I) the financial resources and other assets 
                of the defendant;
                  [(II) project earnings, earning capacity, and 
                other income of the defendant; and
                  [(III) any financial obligations of the 
                defendant, including obligations to dependents.
          [(D) Subparagraph (A) does not apply if--
                  [(i) the court finds on the record that the 
                economic circumstances of the defendant do not 
                allow for the payment of any amount of a 
                restitution order, and do not allow for the 
                payment of any or some portion of the amount of 
                a restitution order in the foreseeable future 
                (under any reasonable schedule of payments); 
                and
                  [(ii) the court enters in its order the 
                amount of the victim's losses, and provides a 
                nominal restitution award.
          [(5) More than 1 offender.--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.
          [(6) More than 1 victim.--When the court finds that 
        more than 1 victim has sustained a loss requiring 
        restitution by an offender, the court shall order full 
        restitution of each victim but may provide for 
        different payment schedules to reflect the economic 
        circumstances of each victim.
          [(7) Payment schedule.--An order under this section 
        may direct the defendant to make a single lump-sum 
        payment or partial payments at specified intervals.
          [(8) Setoff.--Any amount paid to a victim under this 
        section shall be set off against any amount later 
        recovered as compensatory damages by the victim from 
        the defendant in--
                  [(A) any Federal civil proceeding; and
                  [(B) any State civil proceeding, to the 
                extent provided by the law of the State.
          [(9) Effect on other sources of compensation.--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.
          [(10) Condition of probation or supervised release.--
        Compliance with a restitution order issued under this 
        section shall be a condition of any probation or 
        supervised release of a defendant. If an offender fails 
        to comply with a restitution order, the court may, 
        after a hearing, revoke probation or a term of 
        supervised release, modify the terms or conditions of 
        probation or a term of supervised release, or hold the 
        defendant in contempt pursuant to section 3583(e). In 
        determining whether to revoke probation or a term of 
        supervised release, modify the terms 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 and financial resources, the 
        willfulness of the defendant's failure to comply, and 
        any other circumstances that may have a bearing on the 
        defendant's ability to comply.
    [(c) Proof of claim.--
          [(1) Affidavit.--Within 60 days after conviction and, 
        in any event, not later than 10 days prior to 
        sentencing, the United States Attorney (or the United 
        States Attorney's delegee), after consulting with the 
        victim, shall prepare and file an affidavit with the 
        court listing the amounts subject to restitution under 
        this section. The affidavit shall be signed by the 
        United States Attorney (or the United States Attorney's 
        delegee) and the victim. Should the victim object to 
        any of the information included in the affidavit, 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.
          [(2) Objection.--If, after the defendant has been 
        notified of the affidavit, no objection is raised by 
        the defendant, the amounts attested to in the affidavit 
        filed pursuant to paragraph (1) shall be entered in the 
        court's restitution order. If objection is raised, the 
        court may require the victim or the United States 
        Attorney (or the United States Attorney's delegee) to 
        submit further affidavits or other supporting 
        documents, demonstrating the victim's losses.
          [(3) Additional documentation and testimony.--If the 
        court concludes, after reviewing the supporting 
        documentation and considering the defendant's 
        objections, 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.
          [(4) Final determination of losses.--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 
        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.
    [(d) Modification of order.--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.
    [(e) Reference to Magistrate or Special Master.--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.]
    [(f)] (e) Definition.--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.
          * * * * * * *

                    CHAPTER 110A--DOMESTIC VIOLENCE

          * * * * * * *

Sec. 2264. Restitution

    (a) In General.--Notwithstanding section 3663 or 3663A, and 
in addition to any other civil or criminal penalty authorized 
by law, the court shall order restitution for any offense under 
this chapter.
    (b) Scope and Nature of Order.--
          [(1) Directions.--The order of restitution under this 
        section shall direct that--
                  [(A) the defendant 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 (3); and
                  [(B) the United States Attorney enforce the 
                restitution order by all available and 
                reasonable means.]
          (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).
          [(2) Enforcement by victim.--An order of restitution 
        also 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) 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.
          * * * * * * *
          (4) Order mandatory.--(A) The issuance of a 
        restitution order under this section is mandatory.
          (B) A court may not decline to issue an order under 
        this section because of--
                  (i) the economic circumstances of the 
                defendant; or
                  (ii) the fact that a victim has, or is 
                entitled to, receive compensation for his or 
                her injuries from the proceeds of insurance or 
                any other source.
          [(C)(i) Notwithstanding subparagraph (A), the court 
        may take into account the economic circumstances of the 
        defendant in determining the manner in which and the 
        schedule according to which the restitution is to be 
        paid.
          [(ii) For purposes of this subparagraph, the term 
        ``economic circumstances'' includes--
                  [(I) the financial resources and other assets 
                of the defendant;
                  [(II) projected earnings, earning capacity, 
                and other income of the defendant; and
                  [(III) any financial obligations of the 
                defendant, including obligations to dependents.
          [(D) Subparagraph (A) does not apply if--
                  [(i) the court finds on the record that the 
                economic circumstances of the defendant do not 
                allow for the payment of any amount of a 
                restitution order, and do not allow for the 
                payment of any or some portion of the amount of 
                a restitution order in the foreseeable future 
                (under any reasonable schedule of payments); 
                and
                  [(ii) the court enters in its order the 
                amount of the victim's losses, and provides a 
                nominal restitution award.
          [(5) More than 1 offender.--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.
          [(6) More than 1 victim.--When the court finds that 
        more than 1 victim has sustained a loss requiring 
        restitution by an offender, the court shall order full 
        restitution of each victim but may provide for 
        different payment schedules to reflect the economic 
        circumstances of each victim.
          [(7) Payment schedule.--An order under this section 
        may direct the defendant to make a single lump-sum 
        payment or partial payments at specified intervals.
          [(8) Setoff.--Any amount paid to a victim under this 
        section shall be set off against any amount later 
        recovered as compensatory damages by the victim from 
        the defendant in--
                  [(A) any Federal civil proceeding; and
                  [(B) any State civil proceeding, to the 
                extent provided by the law of the State.
          [(9) Effect on other sources of compensation.--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.
          [(10) Condition of probation or supervised release.--
        Compliance with a restitution order issued under this 
        section shall be a condition of any probation or 
        supervised release of a defendant. If an offender fails 
        to comply with a restitution order, the court may, 
        after a hearing, revoke probation or a term of 
        supervised release, modify the terms or conditions of 
        probation or a term of supervised release, or hold the 
        defendant in contempt pursuant to section 3583(e). In 
        determining whether to revoke probation or a term of 
        supervised release, modify the terms 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 and financial resources, the 
        willfulness of the defendant's failure to comply, and 
        any other circumstances that may have a bearing on the 
        defendant's ability to comply.
    [(c) Affidavit.--Within 60 days after conviction and, in 
any event, not later than 10 days before sentencing, the United 
States Attorney (or such Attorney's delegate), after consulting 
with the victim, shall prepare and file an affidavit with the 
court listing the amounts subject to restitution under this 
section. The affidavit shall be signed by the United States 
Attorney (or the delegate) and the victim. Should the victim 
object to any of the information included in the affidavit, the 
United States Attorney (or the delegate) shall advise the 
victim that the victim may file a separate affidavit and assist 
the victim in the preparation of the affidavit.
    [(d) Objection.--If, after the defendant has been notified 
of the affidavit, no objection is raised by the defendant, the 
amounts attested to in the affidavit filed pursuant to 
subsection (a) shall be entered in the court's restitution 
order. If objection is raised, the court may require the victim 
or the United States Attorney (or the United States Attorney's 
delegate) to submit further affidavits or other supporting 
documents, demonstrating the victim's losses.
    [(e) Additional Documentation and Testimony.--If the court 
concludes, after reviewing the supporting documentation and 
considering the defendant's objections, 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.
    [(f) Final Determination of Losses.--If the victim's losses 
are not ascertainable 10 days before sentencing as provided in 
subsection (c), the United States Attorney (or the United 
States Attorney's delegate) shall so inform the court, and the 
court shall set a date for the final determination of the 
victim's losses, not to exceed 90 days after sentencing. If the 
victim subsequently discovers further losses, the victim shall 
have 90 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.
    [(g) Restitution in Addition to Punishment.--An award of 
restitution to the victim of an offense under this chapter is 
not a substitute for imposition of punishment under this 
chapter.]
    (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.
          * * * * * * *

                    CHAPTER 201--GENERAL PROVISIONS

          * * * * * * *

Sec. 3013. Special assessment on convicted persons

    (a) The court shall assess on any person convicted of an 
offense against the United States--
          (1) in the case of an infraction or a misdemeanor--
          * * * * * * *
          (2) in the case of a felony--
                  (A) the amount of [$50] not less than $100 if 
                the defendant is an individual; and
                  (B) the amount of [$200] not less than $400 
                if the defendant is a person other than an 
                individual.
          * * * * * * *

                         CHAPTER 227--SENTENCES

          * * * * * * *

Sec. 3556. Order of restitution

    The court, in imposing a sentence on a defendant who has 
been found guilty of an offense [may] shall order restitution 
in accordance with [sections 3663 and 3664.] 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. 3563. Conditions of probation

    (a) Mandatory Conditions.--The court shall provide, as an 
explicit condition of a sentence of probation--
          (1) for a felony, a misdemeanor, or an infraction, 
        that the defendant not commit another Federal, State, 
        or local crime during the term of probation;
          * * * * * * *
          (3) for a felony, a misdemeanor, or an infraction, 
        that the defendant not unlawfully possess a controlled 
        substance; [and]
          (4) for a domestic violence crime as defined in 
        section 3561(b) by a defendant convicted of such an 
        offense for the first time that the defendant attend a 
        public, private, or private nonprofit offender 
        rehabilitation program that has been approved by the 
        court, in consultation with a State Coalition Against 
        Domestic Violence or other appropriate experts, if an 
        approved program is readily available within a 50-mile 
        radius of the legal residence of the defendant[.];
          [(4)] (5) for a felony, a misdemeanor, or an 
        infraction, that the defendant refrain from any 
        unlawful use of a controlled substance and submit to 
        one drug test within 15 days of release on probation 
        and at least 2 periodic drug tests thereafter (as 
        determined by the court) for use of a controlled 
        substance, but the condition stated in this paragraph 
        may be ameliorated or suspended by the court for any 
        individual defendant if the defendant's presentence 
        report or other reliable sentencing information 
        indicates a low risk of future substance abuse by the 
        defendant[.];
          (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.
          * * * * * * *
    (b) Discretionary Conditions.--The court may provide, as 
further conditions of a sentence of probation, to the extent 
that such conditions are reasonably related to the factors set 
forth in section 3553(a)(1) and (a)(2) and to the extent that 
such conditions involve only such deprivations of liberty or 
property as are reasonably necessary for the purposes indicated 
in section 3553(a)(2), that the defendant--
          (1) support his dependents and meet other family 
        responsibilities;
          [(2) pay a fine imposed pursuant to the provisions of 
        subchapter C;
          [(3) make restitution to a victim of the offense 
        under sections 3663 and 3664 (but not subject to the 
        limitations of section 3663(a));]
          [(4)] (2) give to the victims of the offense the 
        notice ordered pursuant to the provisions of section 
        3555;
          [(5)] (3) work conscientiously at suitable employment 
        or pursue conscientiously a course of study or 
        vocational training that will equip him for suitable 
        employment;
          [(6)] (4) refrain, in the case of an individual, from 
        engaging in a specified occupation, business, or 
        profession bearing a reasonably direct relationship to 
        the conduct constituting the offense, or engage in such 
        a specified occupation, business, or profession only to 
        a stated degree or under stated circumstances;
          [(7)] (5) refrain from frequenting specified kinds of 
        places or from associating unnecessarily with specified 
        persons;
          [(8)] (6) refrain from excessive use of alcohol, or 
        any use of a narcotic drug or other controlled 
        substance, as defined in section 102 of the Controlled 
        Substances act (21 U.S.C. 802), without a prescription 
        by a licensed medical practitioner;
          [(9)] (7) refrain from possessing a firearm, 
        destructive device, or other dangerous weapon;
          [(10)] (8) undergo available medical, psychiatric, or 
        psychological treatment, including treatment for drug 
        or alcohol dependency, as specified by the court, and 
        remain in a specified institution if required for that 
        purpose;
          [(11)] (9) remain in the custody of the Bureau of 
        Prisons during nights, weekends, or other intervals of 
        time, totaling no more than the lesser of one year or 
        the term of imprisonment authorized for the offense, 
        during the first year of the term of probation;
          [(12)] (10) reside at, or participate in the program 
        of, a community corrections facility (including a 
        facility maintained or under contract to the Bureau of 
        Prisons) for all or part of the term of probation;
          [(13)] (11) work in community service as directed by 
        the court;
          [(14)] (12) reside in a specified place or area, or 
        refrain from residing in a specified place or area;
          [(15)] (13) remain within the jurisdiction of the 
        court, unless granted permission to leave by the court 
        or a probation officer;
          [(16)] (14) report to a probation officer as directed 
        by the court or the probation officer;
          [(17)] (15) permit a probation officer to visit him 
        at his home or elsewhere as specified by the court;
          [(18)] (16) answer inquiries by a probation officer 
        and notify the probation officer promptly of any change 
        in address or employment;
          [(19)] (17) notify the probation officer promptly if 
        arrested or questioned by a law enforcement officer;
          [(20)] (18) remain at his place of residence during 
        non-working hours and, if the court finds it 
        appropriate, that compliance with this condition be 
        monitored by telephonic or electronic signaling 
        devices, except that a condition under this paragraph 
        may be imposed only as an alternative to incarceration;
          [(21)] (19) comply with the terms of any court order 
        or order of an administrative process pursuant to the 
        law of a State, the District of Columbia, or any other 
        possession or territory of the United States, requiring 
        payments by the defendant for the support and 
        maintenance of a child or of a child and the parent 
        with whom the child is living; or
          [(22)] (20) satisfy such other conditions as the 
        court may impose.
          * * * * * * *

Sec. 3572. Imposition of a sentence of fine and related matters

    (a) Factors To Be Considered.--In determining whether to 
impose a fine, and the amount, time for payment, and method of 
payment of a fine, the court shall consider, in addition to the 
factors set forth in section 3553(a)--
          (1) the defendant's income, earning capacity, and 
        financial resources;
          * * * * * * *
    (b) Fine Not To Impair Ability To Make Restitution.--If, as 
a result of a conviction, the defendant has the obligation to 
make restitution to a victim of the offense, other than the 
United States, the court shall impose a fine or other monetary 
penalty only to the extent that such fine or penalty will not 
impair the ability of the defendant to make restitution.
          * * * * * * *
    (d) Time, Method of Payment, and Related Items.--[A person 
sentenced to pay a fine or other monetary penalty] (1) A person 
sentenced to pay a fine or other monetary penalty, including 
restitution, shall make such payment immediately, unless, in 
the interest of justice, the court provides for payment on a 
date certain or in installments. If the court provides for 
payment in installments, the installments shall be in equal 
monthly payments over the period provided by the court, unless 
the court establishes another schedule. [If the judgment 
permits other than immediate payment, the period provided for 
shall not exceed five years, excluding any period served by the 
defendant as imprisonment for the offense.]
    (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.
          * * * * * * *
    (f) Responsibility for Payment of Monetary Obligation 
Relating to Organization.--If a sentence includes a fine, 
special assessment, restitution or other monetary obligation 
(including interest) with respect to an organization, each 
individual authorized to make disbursements for the 
organization has a duty to pay the obligation from assets of 
the organization. If such an obligation is imposed on a 
director, officer, shareholder, employee, or agent of an 
organization, payments may not be made, directly or indirectly, 
from assets of the organization, unless the court finds that 
such payment is expressly permissible under applicable State 
law.
          * * * * * * *
    (h) Delinquency.--A fine or payment of restitution is 
delinquent if a payment is more than 30 days late.
    (i) Default.--A fine or payment of restitution is in 
default if a payment is delinquent for more than 90 days. [When 
a fine is in default, the entire amount of the fine is due 
within 30 days after notification of the default, 
notwithstanding any installment schedule.] 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.
          * * * * * * *

                CHAPTER 229--POSTSENTENCE ADMINISTRATION

                          Subchapter B--Fines

[Sec.

[3611. Payment of a fine.
[3612. Collection of an unpaid fine.
[3613. Civil remedies for satisfaction of an unpaid fine.
[3614. Resentencing upon failure to pay a fine.
[3615. Criminal default.]
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. 3611. Payment of a fine] Sec. 3611. Payment of a fine or 
                    restitution

    A person who is sentenced to pay a fine [or assessment 
shall pay the fine or assessment], assessment, or restitution, 
shall pay the fine, assessment, or restitution (including any 
interest or penalty), as specified by the Director of the 
Administrative Office of the United States Courts. Such 
Director may specify that such payment be made to the clerk of 
the court or in the manner provided for under section 
604(a)(18) of title 28, United States Code. In the case of 
restitution, the victim may request that payment be made 
directly to the victim or the victim's designee.

[Sec. 3612. Collection of an unpaid fine] Sec. 3612. Collection of 
                    unpaid fine or restitution

    (a) Notification of Receipt and Related Matters.--The clerk 
or the person designated under section 604(a)(18) of title 28 
shall notify the Attorney General of each receipt of a payment 
with respect to which a certification is made under subsection 
(b), together with other appropriate information relating to 
such payment. The notification shall be provided--
          * * * * * * *
    (b) Information To Be Included in Judgment; Judgment To Be 
Transmitted to Attorney General.--(1) A judgment or order 
imposing, modifying, or remitting a fine or restitution order 
of more than $100 shall include----
          (A) the name, social security account number, mailing 
        address, and residence address of the defendant;
          (B) the docket number of the case;
          (C) the original amount of the fine or restitution 
        order and the amount that is due and unpaid;
          (D) the schedule of payments (if other than immediate 
        payment is permitted under section 3572(d));
          (E) a description of any modification or remission; 
        [and]
          (F) if other than immediate payment is permitted, a 
        requirement that, until the fine or restitution order 
        is paid in full, the defendant notify the Attorney 
        General of any change in the mailing address or 
        residence address of the defendant not later than 
        thirty days after the change occurs[.]; and
          (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.
    (2) Not later than ten days after entry of the judgment or 
order, the court shall transmit a certified copy of the 
judgment or order to the Attorney General.
    (c) Responsibility for Collection.--The Attorney General 
shall be responsible for collection of an unpaid fine or 
restitution concerning which a certification has been issued as 
provided in subsection (b). In the case of restitution, the 
Attorney General shall ensure that payments are transferred to 
the victim. An order of restitution, pursuant to section 3556, 
does not create any right of action against the United States 
by the person to whom restitution is ordered to be paid. 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) Notification of Delinquency.--Within ten working days 
after a fine or restitution is determined to be delinquent as 
provided in section 3572(h), the Attorney General shall notify 
the person whose fine [is delinquent, to inform him that the 
fine is delinquent.] or restitution is delinquent, to inform 
the person of the delinquency.
    (e) Notification of Default.--Within ten working days after 
a fine or restitution is determined to be in default as 
provided in section 3572(i), the Attorney General shall notify 
the person defaulting to inform [him that the fine is in 
default] the person that the fine or restitution is in default 
and the entire unpaid balance, including interest and 
penalties, is due within thirty days.
    (f) Interest on Fines And Restitution._
          (1) In general.--The defendant shall pay interest on 
        any fine or restitution or more than $2,500, unless the 
        fine is paid in full before the fifteenth day after the 
        date of the judgment. If that day is a Saturday, 
        Sunday, or legal public holiday, the defendant shall be 
        liable for interest beginning with the next day that is 
        not a Saturday, Sunday, or legal public holiday.
          * * * * * * *
    (g) Penalty for Delinquent Fine or Restitution.--If a fine 
or restitution becomes delinquent, the defendant shall pay, as 
a penalty, an amount equal to 10 percent of the principal 
amount that is delinquent. If a fine or restitution becomes in 
default, the defendant shall pay, as a penalty, an additional 
amount equal to 15 percent of the principal amount that is in 
default.
          * * * * * * *
    (i) Application of Payments.--Payments relating to fines 
and restitution shall be applied in the following order: (1) to 
principal; (2) to costs; (3) to interest; and (4) to penalties.
          * * * * * * *

Sec. 3613. Civil remedies for satisfaction of an unpaid fine or 
                    restitution

    (a) Lien.--[A fine] (1) Fines._A fine imposed pursuant to 
the provisions of subchapter C of chapter 227 is a lien in 
favor of the United States upon all property belonging to the 
person fined. The lien arises at the time of the entry of the 
judgment and continues until the liability is satisfied, 
remitted, or set aside, or until it becomes enforceable 
pursuant to the provisions of subsection (b). On application of 
the person fined, the Attorney General shall--
          [(1)] (A) issue a certificate of release, as 
        described in section 6325 of the Internal Revenue Code, 
        of any lien imposed pursuant to this section, upon his 
        acceptance of a bond described in section 6325(a)(1) of 
        the Internal Revenue Code; or
          [(2)] (B) issue a certificate of discharge, as 
        described in section 6325 of the Internal Revenue Code, 
        of any part of the person's property subject to a lien 
        imposed pursuant to this section, upon his 
        determination that the fair market value of that part 
        of such property remaining subject to and available to 
        satisfy the lien is at least three times the amount of 
        the fine.
    (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.
    (b) Expiration of Lien.--A lien becomes unenforceable and 
liability to pay a fine expires--
          [(1) twenty years after the entry of the judgment; 
        or]
          (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
          (2) upon the death of the individual fined or ordered 
        to pay restitution.
The period set forth in paragraph (1) may be extended, prior to 
its expiration, by a written agreement between the person fined 
or ordered to pay restitution and the Attorney General. The 
running of the period set forth in paragraph (1) is suspended 
during any interval for which the running of the period of 
limitations for collection of a tax would be suspended pursuant 
to section 6503(b), 6503(c), 6503(f), 6503(i), or 7508(a)(1)(I) 
of the Internal Revenue Code of 1954 (26 U.S.C. 6503(b) 
6503(c), 6503(f), 6503(i), or 7508(a)(1)(I)), or section 513 of 
the Act of October 17, 1940, 54 Stat. 1190.
    (c) Application of Other Lien Provisions.--The provisions 
of sections 6323, 6331, 6332, 6334 through 6336, 6337(a), 6338 
through 6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 
7506, 7701, and 7805 of the Internal Revenue Code of 1954 (26 
U.S.C. 6323, 6331, 6332, 6334 through 6336, 6337(a), 6338 
through 6343, 6901, 7402, 7403, 7424 through 7426, 7505(a), 
7506, 7701, and 7805) and of section 513 of the Act of October 
17, 1940, 54 Stat. 1190, apply to a fine or restitution and to 
the lien imposed by subsection (a) as if the liability of the 
person fined or ordered to pay restitution were for an internal 
revenue tax assessment, except to the extent that the 
application of such statutes is modified by regulations issued 
by the Attorney General to accord with differences in the 
nature of the liabilities. For the purposes of this subsection, 
references in the preceding sections of the Internal Revenue 
Code of 1954 to ``the Secretary'' shall be construed to mean 
``the Attorney General,'' and references in those sections to 
``tax'' shall be construed to mean [``fine''] ``fine or 
restitution''.
    (d) Effect of Notice of Lien.--A notice of the lien imposed 
by subsection (a) shall be considered a notice of lien for 
taxes payable to the United States for the purposes of any 
State or local law providing for the filing of a notice of a 
tax lien. The registration, recording, docketing, or indexing, 
in accordance with 28 U.S.C. 1962, of the judgment under which 
a fine or restitution is impose shall be considered for all 
purposes as the filing prescribed by section 6323(f)(1)(A) of 
the Internal Revenue Code of 1954 (26 U.S.C. 6323(f)(1)(A)) and 
by subsection (c).
    (e) Alternate Enforcement.--Notwithstanding any other 
provision of this section, a judgment imposing a fine or 
restitution may be enforced by execution against the property 
of the person fined or ordered to pay restitution in like 
manner as judgment in civil cases[, but in no event shall 
liability for payment of a fine extend beyond the period 
specified in subsection (b)].
          * * * * * * *

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 in 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.

Sec. 3614. Resentencing upon failure to pay a fine or restitution

    (a) Resentencing.--Subject to the provisions of subsection 
(b), if a defendant knowingly fails to pay a delinquent fine or 
restitution the court may resentence the defendant to any 
sentence which might originally have been imposed.
          * * * * * * *
    (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.

            CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS

Sec.

3661. Use of information for sentencing.
3662. Conviction records.
3663. Order of restitution.
3663A. Mandatory restitution to victims of certain crimes.
          * * * * * * *

Sec. 3663. Order of restitution

    [(a)(1) The court] (a)(1)(A) The court, when sentencing a 
defendant convicted of an offense under this title or section 
46312, 46502, or 46504 of title 49, other than an offense 
described in section 3663A(c), may order, in addition to or, in 
the case of a misdemeanor, in lieu of any other penalty 
authorized by law, that the defendant make restitution to any 
victim of such offense, or if the victim is deceased, to the 
victim's estate.
    (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.
          * * * * * * *
    [(c) If the court decides to order restitution under this 
section, 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.
    [(i)(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 funding 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.
          [(B) custody by a Federal officer or employee, or 
        under the direction of a Federal officer or employee, 
        for purposes incident to any detention described in 
        subparagraph (A) of this paragraph, including 
        transportation, medical diagnosis or treatment, court 
        appearance, work, and recreation;
[but does not include supervision or other control (other than 
custody during specified hours or days) after release on bail, 
probation, or parole, or after release following a finding of 
juvenile delinquency.]
    (c) An order of restitution made pursuant to this section 
shall be issued and enforced in accordance with section 3664.

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;
          (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 relating 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.

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.
    [(c) 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 or other report 
pertaining to the matters described in subsection (a) of this 
section.
    [(d) 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) 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.]

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 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 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's 
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 rstitution 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 form 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.

                   CHAPTER 403--JUVENILE DELINQUENCY

          * * * * * * *

Sec. 5037. Dispositional hearing

    (a) If the court finds a juvenile to be a juvenile 
delinquent, the court shall hold a disposition hearing 
concerning the appropriate disposition no later than twenty 
court days after the juvenile delinquency hearing unless the 
court has ordered further study pursuant to subsection (d). 
After the disposition hearing, and after considering any 
pertinent policy statements promulgated by the Sentencing 
Commission pursuant to 28 U.S.C. 994, the court may suspend the 
findings of juvenile delinquency, enter an order of restitution 
pursuant to section 3556, place him on probation, or commit him 
to official detention. With respect to release or detention 
pending an appeal or a petition for a writ of certiorari after 
disposition, the court shall proceed pursuant to the provisions 
of chapter 207.
          * * * * * * *
    (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.
    [(d)] (e) If the court desires more detailed in formation 
concerning an alleged or adjudicated delinquent, it may commit 
him, after notice and hearing at which the juvenile is 
represented by counsel, to the custody of the Attorney General 
for observation and study by an appropriate agency. Such 
observation and study shall be conducted on an out patient 
basis, unless the court determines that inpatient observation 
and study are necessary to obtain the desired information. In 
the case of an alleged juvenile delinquent, inpatient study may 
be ordered only with the consent of the juvenile and his 
attorney. The agency shall make a complete study of the alleged 
or adjudicated delinquent to ascertain his personal traits, his 
capabilities, his background, any previous delinquency or 
criminal experience, any mental or physical defect, and any 
other relevant factors. The Attorney General shall submit to 
the court and the attorneys for the juvenile and the Government 
the results of the study within thirty days after the 
commitment of the juvenile, unless the court grants additional 
time.
          * * * * * * *
                              ----------                              


   RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS

          * * * * * * *

Rule 32. Sentence and Judgment

    (a) In General; Time for Sentencing.--When a presentence 
investigation and report are made under subdivision (b)(1), 
sentence should be imposed without unnecessary delay following 
completion of the process prescribed by subdivision (b)(6). The 
time limits prescribed in subdivision (b)(6) may be either 
shortened or lengthened for good cause.
    (b) Presentence Investigation and Report.--
          (1) When Made.--The probation officer must make a 
        presentence investigation and submit a report to the 
        court before the sentence is imposed, unless:
                  (A) the court finds that the information in 
                the record enables it to exercise its 
                sentencing authority meaningfully under 18 
                U.S.C. Sec. 3553; and
                  (B) the court explains this finding on the 
                record.

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.
          * * * * * * *
          (4) Contents of the Presentence Report.--The 
        presentence report must contain--
                  (A) information about the defendant's history 
                and characteristics, including any prior 
                criminal record, financial condition, and any 
                circumstances that, because they affect the 
                defendant's behavior, may be helpful in 
                imposing sentence or in correctional treatment;
          * * * * * * *
                  (E) in appropriate cases, information about 
                the nature and extent of nonprison programs and 
                resources available for the defendant;
                  (F) in appropriate cases, information 
                sufficient for the court to enter an order of 
                restitution;
                  [(F)] (G) any report and recommendation 
                resulting from a study ordered by the court 
                under 18 U.S.C. Sec. 3552(b); and
                  [(G)] (H) any other information required by 
                the court.
          * * * * * * *
                              ----------                              


                      VICTIMS OF CRIME ACT OF 1984

             [As Amended Through P.L. 104-18, July 7, 1995]

            CHAPTER XIV--VICTIM COMPENSATION AND ASSISTANCE

    Sec. 1401. This chapter may be cited as the ``Victims of 
Crime Act of 1984''.

                           crime victims fund

    Sec. 1402. (a) There is created in the Treasury a separate 
account to be known as the Crime Victims Fund (hereinafter in 
this chapter referred to as the ``Fund'').
          * * * * * * *
    (c) Sums deposited in the Fund shall remain in the Fund and 
be available for expenditure under this [subsection] chapter 
for grants under this chapter without fiscal year limitation.
    (d) The Fund shall be available as follows:
          (1) The first $6,200,000 deposited in the Fund in 
        each of the fiscal years 1992 through 1995 and the 
        first $3,000,999 in each fiscal year thereafter shall 
        be available to the judicial branch for administrative 
        costs to carry out the functions of the judicial branch 
        under sections 3611 and 3612 of title 18, United States 
        Code.
          * * * * * * *
          [(4) The Director may retain any portion of the Fund 
        that was deposited during a fiscal year that is in 
        excess of 110 percent of the total amount deposited in 
        the Fund during the preceding fiscal year as a reserve 
        for use in a year in which the Fund falls below the 
        amount available in the previous year. Such reserve may 
        not exceed $20,000,000.]
          (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.
    [(e)(1) Except as provided in paragraph (2) any sums 
awarded as part of a grant under this chapter that remain 
unspent at the end of a fiscal year in which such grant is made 
may be expended for the purpose for which such grant is made at 
any time during the next succeeding fiscal year, at the end of 
which year any remaining unobligated sums shall be returned to 
the general fund of the Treasury.
    [(2) For the purposes of the application of paragraph (1) 
to any grant under this chapter with respect to fiscal year 
1985, there shall be substituted in such paragraph ``two 
succeeding fiscal years'' for ``succeeding fiscal year'' and 
``which period'' for ``which year''.]
    (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.
          * * * * * * *

                       crime victim compensation

    Sec. 1403. (a)(1) Except as provided in paragraph (2), the 
Director shall make an annual grant from the Fund to an 
eligible crime victim compensation program of 40 percent of the 
amounts awarded during the preceding fiscal year, other than 
amounts awarded for property damage. Except as provided in 
paragraph (3), a grant under this section shall be used by such 
program only for awards of compensation.
          * * * * * * *
    (b) A crime victim compensation program is an eligible 
crime victim compensation program for the purposes of this 
section if--
          (1) such program is operated by a State and offers 
        compensation to victims and survivors of victims of 
        criminal violence, including drunk driving and domestic 
        violence for--
          * * * * * * *
          (7) such program does not, except pursuant to rules 
        issued by the program to prevent unjust enrichment of 
        the offender, deny compensation to any victim because 
        of that victim's familial relationship to the offender, 
        or because of the sharing of a residence by the victim 
        and the offender; [and]
          (8) such program does not provide compensation to any 
        person who has been convicted of an offense under 
        Federal law with respect to any time period during 
        which the person is delinquent in paying a fine or 
        other monetary penalty imposed for the offense; and
          [(8)] (9) such program provides such other 
        information and assurances related to the purposes of 
        this section as the Director may reasonably require.
    (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.
          * * * * * * *

                        crime victim assistance

    Sec. 1404. (a)(1) Subject to the availability of money in 
the Fund, the Director shall make an annual grant from any 
portion of the Fund made available by section 1402(d)(2) for 
the purpose of grants under this subsection, or for the purpose 
of grants under section 1403 but not used for that purpose, to 
the chief executive of each State for the financial support of 
eligible crime victim assistance programs.
          * * * * * * *
    [(5) As used in this subsection, the term ``base amount'' 
means--
          [(A) $150,000 for fiscal years 1989 through 1991; and
          [(B) $200,000 thereafter.]
    (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.
          * * * * * * *

              child abuse prevention and treatment grants

    Sec. 1404A. Amounts made available by section 1402(d)(2)(D) 
and (d)(3). For purposes of this section shall be obligated and 
expended by the Secretary of Health and Human Services for 
grants under section 4(d) of the Child Abuse Prevention and 
Treatment Act.\1\ Any portion of an amount which is not 
obligated by the Secretary by the end of the fiscal year in 
which funds are made available for allocation, shall be 
reallocated for award under section 1404(a), except that with 
respect to funds deposited during fiscal year 1986 and made 
available for obligation during fiscal year 1987, any 
unobligated portion of such amount shall remain available for 
obligation until September 30, 1988.

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.
          * * * * * * *

                                
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