§ 3663. Order of restitution
(a)
(1)
(A)
The court, when sentencing a defendant convicted of an offense under this title, 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), or section
5124,
46312,
46502, or
46504 of title
49, other than an offense described in section
3663A
(c), may order, in addition to or, in the case of a misdemeanor, in lieu of any other penalty authorized by law, that the defendant make restitution to any victim of such offense, or if the victim is deceased, to the victim’s estate. The court may also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense.
(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.
(b)
The order may require that such defendant—
(1)
in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense—
(2)
in the case of an offense resulting in bodily injury to a victim including an offense under chapter 109A or chapter 110—
(A)
pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment;
(3)
in the case of an offense resulting in bodily injury also results in the death of a victim, pay an amount equal to the cost of necessary funeral and related services;
(4)
in any case, reimburse the victim for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense;
(c)
(1)
Notwithstanding any other provision of law (but subject to the provisions of subsections (a)(1)(B)(i)(II) and (ii),[1] 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)
(3)
Restitution under this subsection shall be distributed as follows:
(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 or chapter
96 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.
(d)
An order of restitution made pursuant to this section shall be issued and enforced in accordance with section
3664.
[1] So in original. Probably should be “(ii)),”.