§ 3663. Order of restitution

Footnotes

1. 1 So in original. Probably should be “(ii)),”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1982

   Victim and Witness Protection Act of 1982

   Pub. L. 97–291 § 5(a) · 96 Stat. 1248

   Enacted · 18 U.S.C. § 3663

   Added Pub. L. 97–291, § 5(a), Oct. 12, 1982, 96 Stat. 1253, § 3579

   Source evidence

   Code source credit
   Added Pub. L. 97–291, § 5(a), Oct. 12, 1982, 96 Stat. 1253, § 3579

   Enacted provision · exact public law section
   (a) Chapter 227 of title 18 of the United States Code is amended by adding at the end the following: “§ 3579. Order of restitution “(a) (1) The court, when sentencing a defendant convicted of an offense under this title or under subsection (h), (i), (j), or (n) of section 902 of the Federal Aviation Act of 1958 (49 U.S.C. 1472), may order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to any victim of the offense. “(2) If the court does not order restitution, or orders only partial restitution, under this section, the court shall state on the record the reasons therefor. “(b) The order may require that such defendant— Property. “(1) in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense— “(A) return the property to the owner of the property or someone designated by the owner; or “(B) if return of the property under subparagraph (A) is impossible, impractical, or inadequate, pay an amount equal to 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 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 non-medical 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 also results in the death of a victim, pay an amount equal to the cost of necessary funeral and related services; and “(4) in any case, if the victim (or if the victim is deceased, the victim’s estate) consents, make restitution in services in lieu of money, or make restitution to a person or organization designated by the victim or the estate, “(c) If the Court decides to order restitution under this section, the court shall, if the victim is deceased, order that the restitution be made to the victim’s estate. “(d) The court shall impose an order of restitution to the extent that such order is as fair as possible to the victim and the imposition of such order will not unduly complicate or prolong the sentencing process. “(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. “(g) If such defendant is placed on probation or paroled under this Probation or parole. title, any restitution ordered under this section shall be a condition of such probation or parole. The court may revoke probation and the Parole Commission may revoke parole if the defendant fails to comply with such order. In determining whether to revoke probation or parole, the court or Parole Commission 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 by the United States Enforcement. or a victim named in the order to receive the restitution in the same manner as a judgment in a civil action. “§ 3580. Procedure for issuing order of restitution “(a) The court, in determining whether to order restitution under section 3579 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 Information disclosure. for the Government all portions of the presentence 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.”.

2. 1984

   Sentencing Reform Act of 1984

   Pub. L. 98–473 § 212(a)(1) · 98 Stat. 1837

   Changed · 18 U.S.C. § 3663

   Pub. L. 98–473, § 212(a)(1), renumbered section 3579 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 98–473, § 212(a)(1), renumbered section 3579 of this title as this section.

   Enacted provision · exact public law section
   (1) redesignating sections 3577, 3578, 3579, 3580, 3611, 3612, 3615, 3617, 3618, 3619, 3620, and 3656 as sections 3661, 3662, 3663, 3664, 3665, 3666, 3667, 3668, 3669, 3670, 3671, and 3672 of a new chapter 232 of title 18 of the United States Code, Post, p. 2175. respectively;

3. 1984

   Sentencing Reform Act of 1984

   Pub. L. 98–473 § 212(a)(3)(A) · 98 Stat. 1837

   Amended · 18 U.S.C. § 3663(g)

   Pub. L. 98–473, § 212(a)(3)(A), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “If such defendant is placed on probation or paroled under this title, any restitution ordered under this section shall be a condition of such probation or parole. The court may revoke probation and the Parole Commission may revoke parole if the defendant fails to comply with such order. In determining whether to revoke probation or parole, the court or Parole Commission 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.”

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 98–473, § 212(a)(3)(A), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “If such defendant is placed on probation or paroled under this title, any restitution ordered under this section shall be a condition of such probation or parole. The court may revoke probation and the Parole Commission may revoke parole if the defendant fails to comply with such order. In determining whether to revoke probation or parole, the court or Parole Commission 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.”

   Enacted provision · exact public law section
   (A) by amending subsection (g) to read as follows: “(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 modify the term or conditions of 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, modify the term or conditions of 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.”; and

4. 1984

   Sentencing Reform Act of 1984

   Pub. L. 98–473 § 212(a)(3)(B) · 98 Stat. 1837

   Amended · 18 U.S.C. § 3663(h)

   Pub. L. 98–473, § 212(a)(3)(B), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “An order of restitution may be enforced by the United States in the manner provided for the collection of fines and penalties by section 3565 or by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 98–473, § 212(a)(3)(B), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “An order of restitution may be enforced by the United States in the manner provided for the collection of fines and penalties by section 3565 or by a victim named in the order to receive the restitution in the same manner as a judgment in a civil action.”

   Enacted provision · exact public law section
   (B) by amending subsection (h) to read as follows: “(h) An order of restitution may be enforced by the United States in the manner provided in sections 3812 and 3813 or in the same manner as a judgment in a civil action, and by the victim named in the order to receive the restitution in the same manner as a judgment in a civil action ”;

5. 1984

   Criminal Fine Enforcement Act of 1984

   Pub. L. 98–596 § 9(1) · 98 Stat. 3134

   Substituted · 18 U.S.C. § 3663(c)

   Pub. L. 98–596, § 9(1), substituted “court” for “Court” after “If the”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 98–596, § 9(1), substituted “court” for “Court” after “If the”.

   Enacted provision · exact public law section
   (1) in subsection (c), by striking out “Court” and inserting in lieu thereof “court”; and

6. 1984

   Criminal Fine Enforcement Act of 1984

   Pub. L. 98–596 § 9(2) · 98 Stat. 3134

   Added · 18 U.S.C. § 3663(f)(4)

   Pub. L. 98–596, § 9(2), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (f)(4). Pub. L. 98–596, § 9(2), added par. (4).

   Enacted provision · exact public law section
   (2) in subsection (f), by adding at the end the following new paragraph: “(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 for transfer to such victim or person.”.

7. 1986

   Criminal Law and Procedure Technical Amendments Act of 1986

   Pub. L. 99–646 § 20(a) · 100 Stat. 3592

   Inserted · 18 U.S.C. § 3663(a)

   Pub. L. 99–646, § 20(a), which directed that subsec. (a)(1) be amended by inserting “, in the case of a misdemeanor,” after “in addition to or”, was executed to subsec. (a) to reflect the probable intent of Congress and the prior amendment to subsec. (a) by Pub. L. 99–646, § 8(b), below

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–646, § 20(a), which directed that subsec. (a)(1) be amended by inserting “, in the case of a misdemeanor,” after “in addition to or”, was executed to subsec. (a) to reflect the probable intent of Congress and the prior amendment to subsec. (a) by Pub. L. 99–646, § 8(b), below.

   Enacted provision · exact public law section
   (a) Section 3579 Amendment.— Section 3579(a)(1) of title 18, United States Code, is amended by inserting “, in the case of a misdemeanor,” after “in addition to or”.

8. 1986

   Criminal Law and Procedure Technical Amendments Act of 1986

   Pub. L. 99–646 § 8(b) · 100 Stat. 3592

   1. Struck · 18 U.S.C. § 3663(a)

      Pub. L. 99–646, § 8(b), struck out par. (1) designation

   2. Struck · 18 U.S.C. § 3663(a)

      Pub. L. 99–646, § 8(b), struck out par. (2) which read as follows: “If the court does not order restitution, or orders only partial restitution, under this section, the court shall state on the record the reasons therefor.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–646, § 8(b), struck out par. (1) designation, and struck out par. (2) which read as follows: “If the court does not order restitution, or orders only partial restitution, under this section, the court shall state on the record the reasons therefor.”

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 3579(a) of title 18, United States Code, is amended— (1) by striking out “(1)” where it appears after “(a)”; and (2) by striking out paragraph (2).

9. 1986

   Criminal Law and Procedure Technical Amendments Act of 1986

   Pub. L. 99–646 § 79(a) · 100 Stat. 3592

   Substituted · 18 U.S.C. § 3663(a)(1)

   Pub. L. 99–646, § 79(a), substituted “such offense” for “the offense”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 99–646, § 79(a), substituted “such offense” for “the offense”.

   Enacted provision · exact public law section
   (a) In General.— Section 3579(a)(1) of title 18, United States Code, is amended by striking out “the offense” and inserting in lieu thereof “such offense”.

10. 1986

    Criminal Law and Procedure Technical Amendments Act of 1986

    Pub. L. 99–646 § 77(a) · 100 Stat. 3592

    Amended · 18 U.S.C. § 3663(d)

    Pub. L. 99–646, § 77(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The court shall impose an order of restitution to the extent that such order is as fair as possible to the victim and the imposition of such order will not unduly complicate or prolong the sentencing process.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 99–646, § 77(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The court shall impose an order of restitution to the extent that such order is as fair as possible to the victim and the imposition of such order will not unduly complicate or prolong the sentencing process.”

    Enacted provision · exact public law section
    (a) In General.— Subsection (d) of section 3579 of title 18, United States Code, is amended to read as follows: “(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.”.

11. 1986

    Criminal Law and Procedure Technical Amendments Act of 1986

    Pub. L. 99–646 § 78(a) · 100 Stat. 3592

    Substituted · 18 U.S.C. § 3663(h)

    Pub. L. 99–646, § 78(a), substituted “in the manner provided for the collection of fines and penalties by section 3565 or by a victim” for “or a victim”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 99–646, § 78(a), substituted “in the manner provided for the collection of fines and penalties by section 3565 or by a victim” for “or a victim”.

    Enacted provision · exact public law section
    (a) In General.— Subsection (h) of section 3579 of title 18, United States Code, is amended by striking out “or” and inserting in lieu thereof “in the manner provided for the collection of fines and penalties by section 3565 or by”.

12. 1987

    Sentencing Act of 1987

    Pub. L. 100–182 § 13 · 101 Stat. 1266

    1. Substituted · 18 U.S.C. § 3663(g)

       Pub. L. 100–182 substituted “revoke probation or a term of supervised release,” for “revoke probation,” in two places

    2. Inserted · 18 U.S.C. § 3663(g)

       Pub. L. 100–182 inserted “probation or” after “modify the term or conditions of” in two places

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 100–182 substituted “revoke probation or a term of supervised release,” for “revoke probation,” in two places and inserted “probation or” after “modify the term or conditions of” in two places.

    Enacted provision · exact public law section
    SEC. 13. REMEDIES FOR FAILURE TO PAY RESTITUTION. Section 3663(g) of title 18, United States Code, is amended in each of the second and third sentences by inserting “or a term of supervised release” after “probation” and by inserting “probation or” after “conditions of”.

13. 1987

    Criminal Fine Improvements Act of 1987

    Pub. L. 100–185 § 12 · 101 Stat. 1279

    Inserted · 18 U.S.C. § 3663(f)(4)

    Pub. L. 100–185 inserted “or the person designated under section 604(a)(17) of title 28” after “Attorney General”

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 100–185 inserted “or the person designated under section 604(a)(17) of title 28” after “Attorney General”.

    Enacted provision · exact public law section
    SEC. 12. RECEIPT OF RESTITUTION PAYMENTS BY COURTS. Section 3663(f)(4) of title 18, United States Code, is amended by inserting “or the person designated under section 604(a)(17) of title 28” after “Attorney General”.

14. 1988

    Minor and Technical Criminal Law Amendments Act of 1988

    Pub. L. 100–690 title VII § 7042 · 102 Stat. 4181

    Amended · 18 U.S.C. § 3663(h)

    Pub. L. 100–690 amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “An order of restitution may be enforced by the United States in the manner provided in sections 3812 and 3813 or in the same manner as a judgment in a civil action, and by the victim named in the order to receive the restitution in the same manner as a judgment in a civil action.”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 100–690 amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: “An order of restitution may be enforced by the United States in the manner provided in sections 3812 and 3813 or in the same manner as a judgment in a civil action, and by the victim named in the order to receive the restitution in the same manner as a judgment in a civil action.”

    Enacted provision · exact public law section
    SEC. 7042. CORRECTION OF CROSS REFERENCES. Subsection (h) of section 3663 of title 18, United States Code, is amended to read as follows: “(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.”.

15. 1990

    Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990

    Pub. L. 101–647 § 2509 · 104 Stat. 4789

    1. Amended · 18 U.S.C. § 3663(a)

       Pub. L. 101–647, § 2509, designated existing provisions as par. (1)

    2. Added · 18 U.S.C. § 3663(a)

       Pub. L. 101–647, § 2509, added pars. (2) and (3)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–647, § 2509, designated existing provisions as par. (1) and added pars. (2) and (3).

    Enacted provision · exact public law section
    SEC. 2509. ENHANCEMENT OF ABILITY TO ORDER RESTITUTION IN CERTAIN FRAUD CASES. Section 3663(a) of title 18, United States Code, is amended— (1) by inserting “(1)” after “(a)”; and (2) by adding at the end the following: “(2) For the purposes of restitution, a victim of an offense that involves as an element a scheme, a conspiracy, or a pattern of criminal activity means any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern. “(3) The court may also order restitution in any criminal case to the extent agreed to by the parties in a plea agreement.”.

16. 1990

    Crime Control Act of 1990

    Pub. L. 101–647 § 3595 · 104 Stat. 4789

    Substituted · 18 U.S.C. § 3663(f)(4)

    Pub. L. 101–647, § 3595, substituted “604(a)(18)” for “604(a)(17)”

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 101–647, § 3595, substituted “604(a)(18)” for “604(a)(17)”.

    Enacted provision · exact public law section
    SEC. 3595. CROSS REFERENCE UPDATE FOR SECTION 3663. Section 3663(f)(4) of title 18, United States Code, is amended by striking “604(a)(17)” and inserting “604(a)(18)”.

17. 1994

    Pub. L. 103–272 § 5(e)(12) · 108 Stat. 745

    Substituted · 18 U.S.C. § 3663(a)(1)

    Pub. L. 103–272 substituted “section 46312, 46502, or 46504 of title 49” for “under subsection (h), (i), (j), or (n) of section 902 of the Federal Aviation Act of 1958 (49 U.S.C. 1472)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–272 substituted “section 46312, 46502, or 46504 of title 49” for “under subsection (h), (i), (j), or (n) of section 902 of the Federal Aviation Act of 1958 (49 U.S.C. 1472)”.

    Enacted provision · exact public law section
    (12) In section 3663(a)(1), strike “under subsection (h), (i), (j), or (n) of section 902 of the Federal Aviation Act of 1958 (49 U.S.C. 1472)” and substitute “section 46312, 46502, or 46504 of title 49”.

18. 1994

    Violence Against Women Act of 1994

    Pub. L. 103–322 § 40504(1) · 108 Stat. 1796

    Inserted · 18 U.S.C. § 3663(b)(2)

    Pub. L. 103–322, § 40504(1), in introductory provisions, inserted “including an offense under chapter 109A or chapter 110” after “victim”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 103–322, § 40504(1), in introductory provisions, inserted “including an offense under chapter 109A or chapter 110” after “victim”.

    Enacted provision · exact public law section
    (1) in paragraph (2) by inserting “including an offense under chapter 109 A or chapter 110” after “an offense resulting in bodily injury to a victim”;

19. 1994

    Violence Against Women Act of 1994

    Pub. L. 103–322 § 40504(2) · 108 Stat. 1796

    1. Struck · 18 U.S.C. § 3663(b)(3)(5)

       Pub. L. 103–322, § 40504(2)–(4), struck out “and” at end of par. (3)

    2. Added · 18 U.S.C. § 3663(b)(3)(5)

       Pub. L. 103–322, § 40504(2)–(4), added par. (4)

    3. Redesignated · 18 U.S.C. § 3663(b)(3)(5)

       Pub. L. 103–322, § 40504(2)–(4), redesignated former par. (4) as (5)

    Source evidence

    Code amendment note
    Subsec. (b)(3) to (5). Pub. L. 103–322, § 40504(2)–(4), struck out “and” at end of par. (3), added par. (4), and redesignated former par. (4) as (5).

    Enacted provision · exact public law section
    (2) by striking “and” at the end of paragraph (3);

20. 1994

    Violence Against Women Act of 1994

    Pub. L. 103–322 § 40505 · 108 Stat. 1796

    Added · 18 U.S.C. § 3663(i)

    Pub. L. 103–322, § 40505, added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 103–322, § 40505, added subsec. (i).

    Enacted provision · exact public law section
    SEC. 40505. ENFORCEMENT OF RESTITUTION ORDERS THROUGH SUSPENSION OF FEDERAL BENEFITS. Section 3663 of title 18, United States Code, is amended by adding at the end the following new subsection: “(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 finding that the defendant is delinquent in making restitution in accordance with any schedule of payments or any requirement of immediate payment imposed under this section. “(2) Any written finding of delinquency described in paragraph (1) shall be made by a court, after a hearing, upon motion of the victim named in the order to receive the restitution or upon motion of the United States. “(3) A defendant found to be delinquent may subsequently seek a written finding from the court that the defendant has rectified the delinquency or that the defendant has made and will make good faith efforts to rectify the delinquency. The defendant’s eligibility for Federal benefits shall be reinstated upon receipt by the agency of a certified copy of such a finding. “(4) In this subsection, ‘Federal benefit’ means a grant, contract, loan, professional license, or commercial license provided by an agency of the United States.”.

21. 1996

    Pub. L. 104–132 § 205(a)(1)(A) · 110 Stat. 1214

    1. Substituted · 18 U.S.C. § 3663(a)(1)

       Pub. L. 104–132, § 205(a)(1)(A)–(E), substituted “(a)(1)(A) The court” for “(a)(1) The court”

    2. Inserted · 18 U.S.C. § 3663(a)(1)

       Pub. L. 104–132, § 205(a)(1)(A)–(E), inserted “, section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863) (but in no case shall a participant in an offense under such sections be considered a victim of such offense under this section),” before “or section 46312,”, “other than an offense described in section 3663A(c),” after “title 49”, and “, or if the victim is deceased, to the victim’s estate” before period at end

    3. Added · 18 U.S.C. § 3663(a)(1)

       Pub. L. 104–132, § 205(a)(1)(A)–(E), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 104–132, § 205(a)(1)(A)–(E), substituted “(a)(1)(A) The court” for “(a)(1) The court”, inserted “, section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863) (but in no case shall a participant in an offense under such sections be considered a victim of such offense under this section),” before “or section 46312,”, “other than an offense described in section 3663A(c),” after “title 49”, and “, or if the victim is deceased, to the victim’s estate” before period at end, and added subpar. (B).

    Enacted provision · exact public law section
    (A) by striking “(a)(1) The court” and inserting “(a)(1)(A) The court”;

    Effective date note
    Amendment by Pub. L. 104–132 to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.

22. 1996

    Pub. L. 104–132 § 205(a)(1)(F) · 110 Stat. 1214

    1. Amended · 18 U.S.C. § 3663(a)(2)

       Pub. L. 104–132, § 205(a)(1)(F), as amended by Pub. L. 104–294, § 605(l)

    2. Amended · 18 U.S.C. § 3663(a)(2)

       Pub. L. 104–132, § 205(a)(1)(F), as amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For the purposes of restitution, a victim of an offense that involves as an element a scheme, a conspiracy, or a pattern of criminal activity means any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern.”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 104–132, § 205(a)(1)(F), as amended by Pub. L. 104–294, § 605(l), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “For the purposes of restitution, a victim of an offense that involves as an element a scheme, a conspiracy, or a pattern of criminal activity means any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern.”

    Enacted provision · exact public law section
    (F) by amending paragraph (2) to read as follows: “(2) For the purposes of this section, the term ‘victim’ means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, may assume the victim’s rights under this section, but in no event shall the defendant be named as such representative or guardian.”;

    Effective date note
    Amendment by Pub. L. 104–132 to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.

23. 1996

    Pub. L. 104–132 § 205(a)(2) · 110 Stat. 1214

    1. Added · 18 U.S.C. § 3663(c)

       Pub. L. 104–132, § 205(a)(2), (3), added subsec. (c)

    2. Struck · 18 U.S.C. § 3663(c)

       Pub. L. 104–132, § 205(a)(2), (3), struck out former subsec. (c) which read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–132, § 205(a)(2), (3), added subsec. (c) and struck out former subsec. (c) which read as follows: “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.”

    Enacted provision · exact public law section
    (2) by striking subsections (c) through (i); and

    Effective date note
    Amendment by Pub. L. 104–132 to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.

24. 1996

    Pub. L. 104–132 § 205(a)(2) · 110 Stat. 1214

    1. Added · 18 U.S.C. § 3663(d)

       Pub. L. 104–132, § 205(a)(2), (3), added subsec. (d)

    2. Struck · 18 U.S.C. § 3663(d)

       Pub. L. 104–132, § 205(a)(2), (3), struck out former subsec. (d) which read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–132, § 205(a)(2), (3), added subsec. (d) and struck out former subsec. (d) which read as follows: “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.”

    Enacted provision · exact public law section
    (2) by striking subsections (c) through (i); and

    Effective date note
    Amendment by Pub. L. 104–132 to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.

25. 1996

    Pub. L. 104–132 § 205(a)(2) · 110 Stat. 1214

    Struck · 18 U.S.C. § 3663(e)(i)

    Pub. L. 104–132, § 205(a)(2), struck out subsecs. (e) to (i), relating to provisions for restitution to persons who had compensated victims for their loss as well as offsets for restitution received by victims against amounts later recovered as compensatory damages, court orders that defendant make restitution in specified time period or in specified installments, payment of restitution as condition of probation or of supervised release, enforcement of restitution orders by United States or by victim, and supervision, termination, or restoration of eligibility for Federal benefits of persons delinquent in making restitution, respectively

    Source evidence

    Code amendment note
    Subsecs. (e) to (i). Pub. L. 104–132, § 205(a)(2), struck out subsecs. (e) to (i), relating to provisions for restitution to persons who had compensated victims for their loss as well as offsets for restitution received by victims against amounts later recovered as compensatory damages, court orders that defendant make restitution in specified time period or in specified installments, payment of restitution as condition of probation or of supervised release, enforcement of restitution orders by United States or by victim, and supervision, termination, or restoration of eligibility for Federal benefits of persons delinquent in making restitution, respectively.

    Enacted provision · exact public law section
    (2) by striking subsections (c) through (i); and

    Effective date note
    Amendment by Pub. L. 104–132 to be effective, to extent constitutionally permissible, for sentencing proceedings in cases in which defendant is convicted on or after Apr. 24, 1996, see section 211 of Pub. L. 104–132, set out as a note under section 2248 of this title.

26. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 § 601(r)(1) · 110 Stat. 3488

    Inserted · 18 U.S.C. § 3663(a)(1)(A)

    Pub. L. 104–294, § 601(r)(1), inserted at end “The court may also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense.”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 104–294, § 601(r)(1), inserted at end “The court may also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense.”

    Enacted provision · exact public law section
    (1) Order of restitution.— Section 3663(a)(1)(A) of title 18, United States Code, is amended by adding at the end the following: “The court may also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense.”.

27. 1996

    Economic Espionage Act of 1996

    Pub. L. 104–294 § 601(r)(2) · 110 Stat. 3488

    Inserted · 18 U.S.C. § 3663(c)(4)

    Pub. L. 104–294, § 601(r)(2), inserted “or chapter 96” after “under chapter 46”

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 104–294, § 601(r)(2), inserted “or chapter 96” after “under chapter 46”.

    Enacted provision · exact public law section
    (2) Forfeiture.— Section 3663(c)(4) of title 18, United States Code, is amended by inserting “or chapter 96” after “under chapter 46”.

28. 2000

    Methamphetamine Anti-Proliferation Act of 2000

    Pub. L. 106–310 div. B title XXXVI § 3613(c) · 114 Stat. 1101

    Inserted · 18 U.S.C. § 3663(c)(2)(B)

    Pub. L. 106–310 inserted “which may be” after “fine”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B). Pub. L. 106–310 inserted “which may be” after “fine”.

    Enacted provision · exact public law section
    (c) Clarification of Certain Orders of Restitution.— Section 3663(c)(2)(B) of title 18, United States Code, is amended by inserting “which may be” after “the fine”.

29. 2005

    Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005

    Pub. L. 109–59 title VII § 7128(b) · 119 Stat. 1144

    Inserted · 18 U.S.C. § 3663(a)(1)(A)

    Pub. L. 109–59 inserted “5124,” before “46312,”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 109–59 inserted “5124,” before “46312,”.

    Enacted provision · exact public law section
    (b) Title 18 Penalties.— Section 3663(a)(1)(A) of title 18, United States Code, is amended by inserting “5124,” before “46312,”.

30. 2008

    Identity Theft Enforcement and Restitution Act of 2008

    Pub. L. 110–326 title II § 202 · 122 Stat. 3560

    Added · 18 U.S.C. § 3663(b)(6)

    Pub. L. 110–326 added par. (6)

    Source evidence

    Code amendment note
    Subsec. (b)(6). Pub. L. 110–326 added par. (6).

    Enacted provision · exact public law section
    SEC. 202. CRIMINAL RESTITUTION.   Section 3663(b) of title 18, United States Code, is amended— (1) in paragraph (4), by striking “; and” and inserting a semicolon; (2) in paragraph (5), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(6) in the case of an offense under sections 1028(a)(7) or 1028A(a) of this title, pay an amount equal to the value of the time reasonably spent by the victim in an attempt to remediate the intended or actual harm incurred by the victim from the offense.” .

40 of 40 references resolved to an enrolled provision