Page:United States Statutes at Large Volume 108 Part 3.djvu/178

 108 STAT. 1930 PUBLIC LAW 103-322—SEPT. 13, 1994 ness 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. "§ 2265. Full faith and credit given to protection orders "(a) FULL FAITH AND CREDIT.— Any protection order issued that is consistent with subsection (b) of this section by the court of one State or Indian tribe (the issuing State or Indian tribe) shall be accorded full faith and credit by the court of another State or Indian tribe (the enforcing State or Indian tribe) and enforced as if it were the order of the enforcing State or tribe. "(b) PROTECTION ORDER.—^A protection order issued by a State or tribal court is consistent with this subsection if— "(1) such court has jurisdiction over the parties and matter under the law of such State or Indian tribe; and

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