ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES.

SEC. 205. ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES. (a) In General.— Section 3663 of title 18, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking “(a)(1) The court” and inserting “(a)(1)(A) The court”; (B) by inserting “, section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863) (but in no case shall a participant in an offense under such sections be considered a victim of such offense under this section),” before “or section 46312,”; (C) by inserting “other than an offense described in section 3663A(c),” after “title 49,”; (D) by inserting before the period at the end the following: “, or if the victim is deceased, to the victim’s estate”; (E) by adding at the end the following new subparagraph: “(B) (i) The court, in determining whether to order restitution under this section, shall consider— “(I) the amount of the loss sustained by each victim as a result of the offense; and “(II) the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant’s 110 STAT. 1230dependents, and such other factors as the court deems appropriate. “(ii) To the extent that the court determines that the complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution under this section outweighs the need to provide restitution to any victims, the court may decline to make such an order.”; and (F) by amending paragraph (2) to read as follows: “(2) For the purposes of this section, the term ‘victim’ means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant’s criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, may assume the victim’s rights under this section, but in no event shall the defendant be named as such representative or guardian.”; (2) by striking subsections (c) through (i); and (3) by adding at the end the following new subsections: “(c) (1) Notwithstanding any other provision of law (but subject to the provisions of subsections (a)(1)(B) (i)(II) and (ii), when sentencing a defendant convicted of an offense described in section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863), in which there is no identifiable victim, the court may order that the defendant make restitution in accordance with this subsection. “(2) (A) An order of restitution under this subsection shall be based on the amount of public harm caused by the offense, as determined by the court in accordance with guidelines promulgated by the United States Sentencing Commission. “(B) In no case shall the amount of restitution ordered under this subsection exceed the amount of the fine ordered for the offense charged in the case. “(3) Restitution under this subsection shall be distributed as follows: “(A) 65 percent of the total amount of restitution shall be paid to the State entity designated to administer crime victim assistance in the State in which the crime occurred. “(B) 35 percent of the total amount of restitution shall be paid to the State entity designated to receive Federal substance abuse block grant funds. “(4) The court shall not make an award under this subsection if it appears likely that such award would interfere with a forfeiture under chapter 46 of this title or under the Controlled Substances Act (21 U.S.C. 801 et seq.). “(5) Notwithstanding section 3612(c) or any other provision of law, a penalty assessment under section 3013 or a fine under subchapter C of chapter 227 shall take precedence over an order of restitution under this subsection. “(6) Requests for community restitution under this subsection may be considered in all plea agreements negotiated by the United States. 110 STAT. 1231 “(7) (A) The United States Sentencing Commission shall promulgate guidelines to assist courts in determining the amount of restitution that may be ordered under this subsection. “(B) No restitution shall be ordered under this subsection until such time as the Sentencing Commission promulgates guidelines pursuant to this paragraph. “(d) An order of restitution made pursuant to this section shall be issued and enforced in accordance with section 3664.”. (b) Sexual Abuse.— Section 2248 of title 18, United States Code, is amended— (1) in subsection (a), by inserting “or 3663A” after “3663”; (2) in subsection (b)— (A) by amending paragraph (1) to read as follows: “(1) Directions.— The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of 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 (c). (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: 110 STAT. 1232 “(2) Enforcement.— An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.”; (C) in paragraph (4), by striking subparagraphs (C) and (D); and (D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (g); and (4) by adding at the end the following new subsection (c): “(c) Victim Defined.— For purposes of this section, the term ‘victim’ means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim’s estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.”. (e) Telemarketing Fraud.— Section 2327 of title 18, United States Code, is amended— (1) in subsection (a), by inserting “or 3663A” after “3663”; (2) in subsection (b)— (A) by amending paragraph (1) to read as follows: “(1) Directions.— The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).”; (B) by amending paragraph (2) to read as follows: “(2) Enforcement.— An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A”; (C) in paragraph (4), by striking subparagraphs (C) and (D); and (D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (e); and (4) by redesignating subsection (f) as subsection (c).