110 STAT. 1230
PUBLIC LAW 104-132—APR. 24, 1996
dependents, 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 defendgint
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.
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