Page:United States Statutes at Large Volume 98 Part 2.djvu/850

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 2010 18 USC 3625.

18 USC 3663.

18 USC 3673. Ante, pp. 1987, 2001.

PUBLIC LAW 98-473—OCT. 12, 1984

"§ 3625. Inapplicability of the Administrative Procedure Act "The provisions of sections 554 and 555 and 701 through 706 of title 5, United States Code, do not apply to the making of any determination, decision, or order under this subchapter."; (3) in section 3663 (formerly section 3579): (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 (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."; (4) adding the following new section at the end of chapter 232: "§ 3673. Definitions for sentencing provisions "As used in chapters 227 and 229— "(a) 'found guilty' includes acceptance by a court of a plea of guilty or nolo contendere; "Oa) 'commission of an offense' includes the attempted commission of an offense, the consummation of an offense, and any immediate flight after the commission of an offense; and "(c) 'law enforcement officer' means a public servant authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of an offense."; and (5) adding the following caption and sectional analysis at the beginning of new chapter 232:

"CHAPTER 232—MISCELLANEOUS SENTENCING PROVISIONS "Sec. "3661. Use of information for sentencing. "3662. Conviction records. "3663. Order of restitution. "3664. Procedure for issuing order of restitution. "3665. Firearms possessed by convicted felons. "3666. Bribe moneys. "3667. Liquors and related property; definitions. "3668. Remission or mitigation of forfeitures under liquor laws; possession pending trial. "3669. Conveyance carrying liquor. "3670. Disposition of conveyances seized for violation of the Indian liquor laws. "3671. Vessels carrying explosives and steerage passengers. "3672. Duties of Director of Administrative Office of the United States Courts. "3673. Definitions for sentencing provisions.".