Page:United States Statutes at Large Volume 110 Part 2.djvu/62

 110 STAT. 1236 PUBLIC LAW 104-132—APR. 24, 1996 ance, settlement, or other judgment, during a period of incarceration, such person shall be required to apply the value of such resources to any restitution or fine still owed. "(o) A sentence that imposes an order of restitution is a final judgment notwithstanding the fact that— "(1) such a sentence can subsequently be— "(A) corrected under Rule 35 of the Federal Rules of Criminal Procedure and section 3742 of chapter 235 of this title; "(B) appealed and modified under section 3742; "(C) amended under section 3664(d)(3); or "(D) adjusted under section 3664(k), 3572, or 3613A; or "(2) the defendant may be resentenced under section 3565 or 3614. "(p) Nothing in this section or sections 2248, 2259, 2264, 2327, 3663, and 3663A and arising out of the application of such sections, shall be construed to create a cause of action not otherwise authorized in favor of any person against the United States or any officer or employee of the United States.". (b) TECHNICAL AMENDMENT.— The item relating to section 3664 in the angjysis for chapter 232 of title 18, United States Code, is amended to read as follows: "3664. Procedure for issuance and enforcement of order of restitution.". SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION ORDER. (a) AMENDMENT OF FEDERAL RULES OF CRIMINAL PROCEDURE. — 18 USC app. Rule 32(b) of the Federal Rules of Criminal Procedure is amended— (1) in paragraph (1), by adding at the end the following: Reports. "Notwithstanding the preceding sentence, a presentence investigation and report, or other report containing information sufficient for the court to enter an order of restitution, as the court may direct, shall be required in any case in which restitution is required to be ordered."; and (2) in paragraph (4)— (A) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (B) by inserting after subparagraph (E), the following new subparagraph: "(F) in appropriate cases, information sufficient for the court to enter an order of restitution;". (b) FINES. —Section 3572 of title 18, United States Code, is amended— (1) in subsection (b) by inserting "other than the United States," after "offense,"; (2) in subsection (d)— (A) in the first sentence, by striking "A person sentenced to pay a fine or other monetary penalty" and inserting "(1) A person sentenced to pay a fine or other monetary penalty, including restitution,"; (B) by striking the third sentence; and (C) by adding at the end the following: "(2) If the judgment, or, in the case of a restitution order, the order, permits other than immediate payment, the length of time over which scheduled payments will be made shall be set

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