[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3561 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3561

To amend the Mandatory Victims' Restitution Act to improve restitution 
             for victims of crime, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2006

Mr. Dorgan (for himself, Mr. Grassley, Mr. Durbin, Mr. DeWine, and Ms. 
   Collins) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Mandatory Victims' Restitution Act to improve restitution 
             for victims of crime, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restitution for Victims of Crime Act 
of 2006''.

                   TITLE I--COLLECTION OF RESTITUTION

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Collection of Restitution 
Improvement Act of 2006''.

SEC. 102. PROCEDURE FOR ISSUANCE AND ENFORCEMENT OF RESTITUTION.

    Section 3664(f) of title 18, United States Code, is amended by 
striking paragraphs (2) through (4) and inserting the following:
    ``(C)(i) Each restitution order shall--
            ``(I) contain information sufficient to identify each 
        victim to whom restitution is owed;
            ``(II) require that a copy of the court order be sent to 
        each such victim; and
            ``(III) inform each such victim of the obligation to notify 
        the appropriate entities of any change in address.
    ``(ii) It shall be the responsibility of each victim to whom 
restitution is owed to notify the Attorney General, or the appropriate 
entity of the court, by means of a form to be provided by the Attorney 
General or the court, of any change in the victim's mailing address 
while restitution is still owed to the victim.
    ``(iii) The confidentiality of any information relating to a victim 
under this subparagraph shall be maintained.
    ``(2) The court shall order that the restitution imposed is due in 
full immediately upon imposition.
    ``(3) The court shall direct the defendant--
            ``(A) to make a good-faith effort to satisfy the 
        restitution order in the shortest time in which full 
        restitution can be reasonably made, and to refrain from taking 
        any action that conceals or dissipates the defendant's assets 
        or income;
            ``(B) to notify the court of any change in residence; and
            ``(C) to notify the United States Attorney for the district 
        in which the defendant was sentenced of any change in 
        residence, and of any material change in economic circumstances 
        that might affect the defendant's ability to pay restitution.
    ``(4) Compliance with all payment directions imposed under 
paragraphs (6) and (7) shall be prima facie evidence of a good faith 
effort under paragraph (3)(A), unless it is shown that the defendant 
has concealed or dissipated assets.
    ``(5) Notwithstanding any other provision of law, for the purpose 
of enforcing a restitution order, a United States Attorney may receive, 
without the need for a court order, any financial information 
concerning the defendant obtained by the grand jury that indicted the 
defendant for the crime for which restitution has been awarded, the 
United States Probation Office, or the Bureau of Prisons. A victim may 
also provide financial information concerning the defendant to the 
United States Attorney.
    ``(6)(A) At sentencing, or at any time prior to the termination of 
a restitution obligation under section 3613 of this title, the court 
may--
            ``(i) impose special payment directions upon the defendant 
        or modify such directions; or
            ``(ii) direct the defendant to make a single, lump sum 
        payment, partial payments at specified intervals, in-kind 
        payments, or a combination of payments at specified intervals 
        and in-kind payments.
    ``(B) The period of time over which scheduled payments are 
established for purposes of this paragraph shall be the shortest time 
in which full payment reasonably can be made.
    ``(C) In-kind payments may be in the form of the return of 
property, replacement of property, or, if the victim agrees, services 
rendered to the victim or a person or organization other than the 
victim.
    ``(D) In ordering restitution, the court may direct the defendant 
to--
            ``(i) repatriate any property that constitutes proceeds of 
        the offense of conviction, or property traceable to such 
        proceeds; and
            ``(ii) surrender to the United States, or to the victim 
        named in the restitution order, any interest of the defendant 
        in any nonexempt asset.
    ``(E) The court may enter a restraining order or injunction, 
require the execution of a satisfactory performance bond, or take any 
other action to preserve the availability of property for restitution.
    ``(7)(A) In determining whether to impose or modify specific 
payment directions, the court may consider--
            ``(i) the need to provide restitution to the victims of the 
        offense;
            ``(ii) the financial ability of the defendant;
            ``(iii) the economic circumstances of the defendant, 
        including the financial resources and other assets of the 
        defendant and whether any of those assets are jointly 
        controlled;
            ``(iv) the projected earnings and other income of the 
        defendant;
            ``(v) any financial obligations of the defendant, including 
        obligations to dependents;
            ``(vi) whether the defendant has concealed or dissipated 
        assets or income; and
            ``(vii) any other appropriate circumstances.
    ``(B) Any substantial resources from any source, including 
inheritance, settlement, or other judgment, shall be applied to any 
outstanding restitution obligation.
    ``(8)(A) If the court finds that the economic circumstances of the 
defendant do not allow the payment of any substantial amount as 
restitution, the court may direct the defendant to make nominal 
payments of not less than $100 per year toward the restitution 
obligation.
    ``(B) Any money received from the defendant under subparagraph (A) 
shall be disbursed so that any outstanding assessment imposed under 
section 3013 is paid first in full.
    ``(9) Court-imposed special payment directions shall not limit the 
ability of the Attorney General to maintain an Inmate Financial 
Responsibility Program that encourages sentenced inmates to meet their 
legitimate financial obligations.
    ``(10)(A) The ability of the Attorney General to enforce 
restitution obligations ordered under paragraph (2) shall not be 
limited by appeal, or the possibility of a correction, modification, 
amendment, adjustment, or reimposition of a sentence, unless the court 
expressly so orders for good cause shown and stated on the record.
    ``(B) Absent exceptional circumstances, as determined by the court, 
an order limiting the enforcement of restitution obligations shall--
            ``(i) require the defendant to deposit, in the registry of 
        the district court, any amount of the restitution that is due;
            ``(ii) require the defendant to post a bond or other 
        security to ensure payment of the restitution that is due; or
            ``(iii) impose additional restraints upon the defendant to 
        prevent the defendant from transferring or dissipating assets.
    ``(C) No order described in subparagraph (B) shall restrain the 
ability of the United States to continue its investigation of the 
defendant's financial circumstances, conduct discovery, record a lien, 
or seek any injunction or other relief from the court.''.

SEC. 103. IMPOSITION OF CRIMINAL FINES AND PAYMENT DIRECTIONS.

    Subsection 3572(d) of title 18, United States Code, is amended to 
read as follows:
    ``(d) Payment.--
            ``(1) In general.--The court shall order that any fine or 
        assessment imposed be due in full immediately upon imposition.
            ``(2) Efforts to make payment.--The court shall--
                    ``(A) direct the defendant to make a good-faith 
                effort to satisfy the fine and assessment in the 
                shortest time in which full payment can be reasonably 
                made, and to refrain from taking any action that 
                conceals or dissipates the defendant's assets or 
                income;
                    ``(B) direct the defendant to notify the court of 
                any change in residence; and
                    ``(C) order the defendant to notify the United 
                States Attorney for the district in which the defendant 
                was sentenced of any change in residence, and of any 
                material change in economic circumstances that might 
                affect the defendant's ability to pay restitution.
            ``(3) Good faith.--Compliance with all payment directions 
        imposed by paragraphs (5) and (6) shall be prima facie evidence 
        of a good faith effort under paragraph (2)(A), unless it is 
        shown that the defendant has concealed or dissipated assets;
            ``(4) Access to information.--Notwithstanding any other 
        provision of law, for the purpose of enforcing a fine or 
        assessment, a United States Attorney may receive, without the 
        need for a court order, any financial information concerning 
        the defendant obtained by a grand jury, the United States 
        Probation Office, or the Bureau of Prisons.
            ``(5) Payment schedule.--
                    ``(A) In general.--At sentencing, or at any time 
                prior to the termination of a restitution obligation 
                under section 3613 of this title, the court may--
                            ``(i) impose special payment directions 
                        upon the defendant or modify such directions; 
                        or
                            ``(ii) direct the defendant to make a 
                        single, lump sum payment, or partial payments 
                        at specified intervals.
                    ``(B) Period of time.--The period of time over 
                which scheduled payments are established for purposes 
                of this paragraph shall be the shortest time in which 
                full payment can reasonably be made.
                    ``(C) Repatriation.--The court may direct the 
                defendant to repatriate any property that constitutes 
                proceeds of the offense of conviction, or property 
                traceable to such proceeds.
                    ``(D) Surrender.--In ordering restitution, the 
                court may direct the defendant to surrender to the 
                United States any interest of the defendant in any non-
                exempt asset.
                    ``(E) Third parties.--If the court directs the 
                defendant to repatriate or surrender any property in 
                which it appears that any person other than the 
                defendant may have a legal interest--
                            ``(i) the court shall take such action as 
                        is necessary to protect such third party 
                        interest; and
                            ``(ii) may direct the United States to 
                        initiate any ancillary proceeding to determine 
                        such third party interests in accordance with 
                        the procedures specified in section 413(n) of 
                        the Controlled Substances Act (21 U.S.C. 
                        853(n)).
                    ``(F) Exclusivity of remedy.--Except as provided in 
                this section, no person may commence an action against 
                the United States concerning the validity of the 
                party's alleged interest in the property subject to 
                reparation or surrender.
                    ``(G) Preservation of property.--The court may 
                enter a restraining order or injunction, require the 
                execution of a satisfactory performance bond, or take 
                any other action to preserve the availability of 
                property for payment of the fine or assessment.
            ``(6) Considerations.--In determining whether to impose or 
        modify special payment directions, the court may consider--
                    ``(A) the need to satisfy the fine or assessment;
                    ``(B) the financial ability of the defendant;
                    ``(C) the economic circumstances of the defendant, 
                including the financial resources and other assets of 
                the defendant, and whether any of those assets are 
                jointly controlled;
                    ``(D) the projected earnings and other income of 
                the defendant;
                    ``(E) any financial obligations of the defendant, 
                including obligations to dependents;
                    ``(F) whether the defendant has concealed or 
                dissipated assets or income; and
                    ``(G) any other appropriate circumstances.
            ``(7) Use of resources.--Any substantial resources from any 
        source, including inheritance, settlement, or other judgment 
        shall be applied to any fine or assessment still owed.
            ``(8) Nominal payments.--If the court finds that the 
        economic circumstances of the defendant do not allow the 
        immediate payment of any substantial amount of the fine or 
        assessment imposed, the court may direct the defendant to make 
        nominal payments of not less than $100 per year toward the fine 
        or assessment imposed.
            ``(9) Inmate financial responsibility program.--Court-
        imposed special payment directions shall not limit the ability 
        of the Attorney General to maintain an Inmate Financial 
        Responsibility Program that encourages sentenced inmates to 
        meet their legitimate financial obligations.
            ``(10) Enforcement.--
                    ``(A) In general.--The ability of the Attorney 
                General to enforce the fines and assessment ordered 
                under paragraph (1) shall not be limited by an appeal, 
                or the possibility of a correction, modification, 
                amendment, adjustment, or reimposition of a sentence, 
                unless the court expressly so orders, for good cause 
                shown and stated on the record.
                    ``(B) Exceptions.--Absent exceptional 
                circumstances, as determined by the court, an order 
                limiting enforcement of a fine or assessment shall--
                            ``(i) require the defendant to deposit, in 
                        the registry of the district court, any amount 
                        of the fine or assessment that is due;
                            ``(ii) require the defendant to post a bond 
                        or other security to ensure payment of the fine 
                        or assessment that is due; or
                            ``(iii) impose additional restraints upon 
                        the defendant to prevent the defendant from 
                        transferring or dissipating assets.
                    ``(C) Other activities.--No order described in 
                subparagraph (B) shall restrain the ability of the 
                United States to continue its investigation of the 
                defendant's financial circumstances, conduct discovery, 
                record a lien, or seek any injunction or other relief 
                from the court.
            ``(11) Special assessments.--The requirements of this 
        subsection shall apply to the imposition and enforcement of any 
        assessment imposed under section 3013 of this title.''.

SEC. 104. COLLECTION OF UNPAID FINES OR RESTITUTION.

    Section 3612(b) of title 18, United States Code, is amended to read 
as follows:
    ``(b) Information To Be Included in Judgment; Judgment To Be 
Transmitted to the Attorney General.--
            ``(1) In general.--A judgment or order imposing, modifying, 
        or remitting a fine or restitution order of more than $100 
        shall include--
                    ``(A) the name, social security account number, 
                mailing address, and residence address of the 
                defendant;
                    ``(B) the docket number of the case;
                    ``(C) the original amount of the fine or 
                restitution order and the amount that is due and 
                unpaid;
                    ``(D) payment orders and directions imposed under 
                section 3572(d) and section 3664(f) of this title; and
                    ``(E) a description of any modification or 
                remission.
            ``(2) Transmittal of copies.--Not later than 10 days after 
        entry of the judgment or order described in paragraph (1), the 
        court shall transmit a certified copy of the judgment or order 
        to the Attorney General.''.

SEC. 105. ATTORNEY'S FEES FOR VICTIMS.

    (a) Order of Restitution.--Section 3663(b) of title 18, United 
States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) reimburse the victim for attorneys' fees 
                reasonably incurred in an attempt to retrieve damaged, 
                lost, or destroyed property (which shall not include 
                payment of salaries of Government attorneys); or''; and
                    (D) in subparagraph (C), as so redesignated by this 
                subsection, by inserting ``or (B)'' after 
                ``subparagraph (A)'';
            (2) in paragraph (4)--
                    (A) by inserting ``(including attorneys' fees 
                necessarily and reasonably incurred for representation 
                of the victim, which shall not include payment of 
                salaries of Government attorneys)'' after ``other 
                expenses related to participation in the investigation 
                or prosecution of the offense''; and
                    (B) by striking ``and'' at the end;
            (3) in paragraph (5), by striking the period and inserting 
        ``; and''; and
            (4) by adding at the end the following:
            ``(6) in any case, reimburse the victim for reasonably 
        incurred attorneys' fees that are necessary and foreseeable 
        results of the defendant's crime (which shall not include 
        payment of salaries of Government attorneys).''.
    (b) Mandatory Restitution to Victims of Certain Crimes.--Section 
3663A(b) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) reimburse the victim for attorneys' fees 
                reasonably incurred in an attempt to retrieve damaged, 
                lost, or destroyed property (which shall not include 
                payment of salaries of Government attorneys); or''; and
                    (D) in subparagraph (C), as so redesignated by this 
                subsection, by inserting ``or (B)'' after 
                ``subparagraph (A)'';
            (2) in paragraph (3), by striking ``and'' at the end;
            (3) in paragraph (4)--
                    (A) by inserting ``(including attorneys' fees 
                necessarily and reasonably incurred for representation 
                of the victim, which shall not include payment of 
                salaries of Government attorneys)'' after ``other 
                expenses related to participation in the investigation 
                or prosecution of the offense''; and
                    (B) by striking the period and inserting ``; and''; 
                and
            (4) by adding at the end the following:
            ``(5) in any case, reimburse the victim for reasonably 
        incurred attorneys' fees that are necessary and foreseeable 
        results of the defendant's crime (which shall not include 
        payment of salaries of Government attorneys).''.

            TITLE II--PRESERVATION OF ASSETS FOR RESTITUTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Preservation of Assets for 
Restitution Act of 2006''.

SEC. 202. AMENDMENTS TO THE MANDATORY VICTIMS RESTITUTION ACT.

    (a) In General.--Chapter 232 of title 18, United States Code, is 
amended by inserting after section 3664 the following:
``Sec. 3664A. Preservation of assets for restitution
    ``(a) Protective Orders To Preserve Assets.--
            ``(1) In general.--Upon the Government's ex parte 
        application and a finding of probable cause to believe that a 
        defendant, if convicted, will be ordered to satisfy an order of 
        restitution for an offense punishable by imprisonment for more 
        than 1 year, the court--
                    ``(A) shall--
                            ``(i) enter a restraining order or 
                        injunction;
                            ``(ii) require the execution of a 
                        satisfactory performance bond; or
                            ``(iii) take any other action necessary to 
                        preserve the availability of any property 
                        traceable to the commission of the offense 
                        charged; and
                    ``(B) if it determines that it is in the interests 
                of justice to do so, shall issue any order necessary to 
                preserve any nonexempt asset (as defined in section 
                3613) of the defendant that may be used to satisfy such 
                restitution order.
            ``(2) Procedures.--Applications and orders issued under 
        paragraph (1) shall be governed by the procedures under section 
        413(e) of the Controlled Substances Act (21 U.S.C. 853(e)) and 
        in this section.
            ``(3) Monetary instruments.--If the property in question is 
        a monetary instrument (as defined in section 1956(c)(5)) or 
        funds in electronic form, the protective order issued under 
        paragraph (1) may take the form of a warrant authorizing the 
        Government to seize the property and to deposit it into an 
        interest-bearing account in the Registry of the Court in the 
        district in which the warrant was issued, or into another such 
        account maintained by a substitute property custodian, as the 
        court may direct.
            ``(4) Post-indictment.--A post-indictment protective order 
        entered under paragraph (1) shall remain in effect through the 
        conclusion of the criminal case, including sentencing and any 
        post-sentencing proceedings, until seizure or other disposition 
        of the subject property, unless modified by the court upon a 
        motion by the Government or under subsection (b) or (c).
    ``(b) Defendant's Right to a Hearing.--
            ``(1) In general.--In the case of a preindictment 
        protective order entered under subsection (a)(1), the 
        defendant's right to a post-restraint hearing shall be governed 
        by paragraphs (1)(B) and (2) of section 413(e) of the 
        Controlled Substances Act (21 U.S.C. 853(e)).
            ``(2) Post-indictment.--In the case of a post-indictment 
        protective order entered under subsection (a)(1), the defendant 
        shall have a right to a post-restraint hearing regarding the 
        continuation or modification of the order if the defendant--
                    ``(A) establishes by a preponderance of the 
                evidence that there are no assets, other than the 
                restrained property, available to the defendant to 
                retain counsel in the criminal case or to provide for a 
                reasonable living allowance for the necessary expenses 
                of the defendant and the defendant's lawful dependents; 
                and
                    ``(B) makes a prima facie showing that there is 
                bona fide reason to believe that the court's ex parte 
                finding of probable cause under subsection (a)(1) was 
                in error.
            ``(3) Hearing.--
                    ``(A) In general.--If the court determines that the 
                defendant has satisfied the requirements of paragraph 
                (2), it may hold a hearing to determine whether there 
                is probable cause to believe that the defendant, if 
                convicted, will be ordered to satisfy an order of 
                restitution for an offense punishable by imprisonment 
                for more than 1 year, and that the seized or restrained 
                property may be needed to satisfy such restitution 
                order.
                    ``(B) Probable cause.--If the court finds probable 
                cause under subparagraph (A), the protective order 
                shall remain in effect.
                    ``(C) No probable cause.--If the court finds under 
                subparagraph (A) that no probable cause exists as to 
                some or all of the property, or determines that more 
                property has been seized and restrained than may be 
                needed to satisfy a restitution order, it shall modify 
                the protective order to the extent necessary to release 
                the property that should not have been restrained.
            ``(4) Rebuttal.--If the court conducts an evidentiary 
        hearing under paragraph (3), the court shall afford the 
        Government an opportunity to present rebuttal evidence and to 
        cross-examine any witness that the defendant may present.
            ``(5) Pretrial hearing.--In any pretrial hearing on a 
        protective order issued under subsection (a)(1), the court may 
        not entertain challenges to the grand jury's finding of 
        probable cause regarding the criminal offense giving rise to a 
        potential restitution order. The court shall ensure that such 
        hearings are not used to obtain disclosure of evidence or the 
        identities of witnesses earlier than required by the Federal 
        Rules of Criminal Procedure or other applicable law.
    ``(c) Third Party's Right to Post-Restraint Hearing.--
            ``(1) In general.--A person other than the defendant who 
        has a legal interest in property affected by a protective order 
        issued under subsection (a)(1) may move to modify the order on 
        the grounds that--
                    ``(A) the order causes an immediate and irreparable 
                hardship to the moving party; and
                    ``(B) less intrusive means exist to preserve the 
                property for the purpose of restitution.
            ``(2) Modification.--If, after considering any rebuttal 
        evidence offered by the Government, the court determines that 
        the moving party has made the showings required under paragraph 
        (1), the court shall modify the order to mitigate the hardship, 
        to the extent that it is possible to do so while preserving the 
        asset for restitution.
            ``(3) Intervention.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) or paragraph (1), a person other than 
                a defendant has no right to intervene in the criminal 
                case to object to the entry of any order issued under 
                this section or otherwise to object to an order 
                directing a defendant to pay restitution.
                    ``(B) Exception.--If, at the conclusion of the 
                criminal case, the court orders the defendant to use 
                particular assets to satisfy an order of restitution 
                (including assets that have been seized or restrained 
                pursuant to this section) the court shall give persons 
                other than the defendant the opportunity to object to 
                the order on the ground that the property belonged in 
                whole or in part to the third party and not to the 
                defendant, as provided in section 413(n) of the 
                Controlled Substances Act (21 U.S.C. 853(n)).
    ``(d) Geographic Scope of Order.--
            ``(1) In general.--A district court of the United States 
        shall have jurisdiction to enter an order under this section 
        without regard to the location of the property subject to the 
        order.
            ``(2) Outside the united states.--If the property subject 
        to an order issued under this section is located outside of the 
        United States, the order may be transmitted to the central 
        authority of any foreign state for service in accordance with 
        any treaty or other international agreement.
    ``(e) No Effect on Other Government Action.--Nothing in this 
section shall be construed to preclude the Government from seeking the 
seizure, restraint, or forfeiture of assets under the asset forfeiture 
laws of the United States.
    ``(f) Limitation on Rights Conferred.--Nothing in this section 
shall be construed to create any enforceable right to have the 
Government seek the seizure or restraint of property for restitution.
    ``(g) Receivers.--
            ``(1) In general.--A court issuing an order under this 
        section may appoint a receiver under section 1956(b)(4) to 
        collect, marshal, and take custody, control, and possession of 
        all assets of the defendant, wherever located, that have been 
        restrained in accordance with this section.
            ``(2) Distribution of property.--The receiver shall have 
        the power to distribute property in its control to each victim 
        identified in an order of restitution at such time, and in such 
        manner, as the court may authorize.''.
    (b) Conforming Amendment.--The section analysis for chapter 232 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3664 the following:

``Sec. 3664A. Preservation of assets for restitution.''.
    (c) Enforcement.--Section 3202(b) of title 28, United States Code, 
is amended--
            (1) by inserting after ``a statement that different 
        property may be so exempted with respect to the State in which 
        the debtor resides.]''' the following:
    ```[In a criminal action, the statement summarizing the types of 
property that may be exempt shall list only those types of property 
that may be exempt under section 3613 of title 18.]'''; and
            (2) by inserting after ``you want the proceeding to be 
        transferred.''' the following:
    ```If this notice is issued in conjunction with a criminal case, 
the district court where the criminal action is pending may deny your 
request for a transfer of this proceeding.'''.

SEC. 203. AMENDMENTS TO THE ANTI-FRAUD INJUNCTION STATUTE.

    Section 1345(a) of title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``or'' at the 
                end; and
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) committing or about to commit a Federal 
                offense that may result in an order of restitution;''; 
                and
            (2) in paragraph (2)--
                    (A) by striking ``a banking violation'' and all 
                that follows through ``healthcare offense'' and 
                inserting ``a violation or offense identified in 
                paragraph (1)''; and
                    (B) by inserting ``or offense'' after ``traceable 
                to such violation''.

SEC. 204. AMENDMENTS TO THE FEDERAL DEBT COLLECTION PROCEDURES ACT.

    (a) Process.--Section 3004(b)(2) of title 28, United States Code, 
is amended by inserting after ``in which the debtor resides.'' the 
following: ``In a criminal case, the district court for the district in 
which the defendant was sentenced may deny the request.''.
    (b) Prejudgment Remedies.--Section 3101 of title 28, United States 
Code, is amended--
            (1) in subsection (a)(1) by inserting after ``the filing of 
        a civil action on a claim for a debt'' the following: ``or in 
        any criminal action where the court may enter an order of 
        restitution''; and
            (2) in subsection (d)--
                    (A) by inserting after ``The Government wants to 
                make sure [name of debtor] will pay if the court 
                determines that this money is owed.''' the following:
    ```In a criminal action, use the following opening paragraph: You 
are hereby notified that this [property] is being taken by the United 
States Government [the Government], which says that [name of debtor], 
if convicted, may owe as restitution $ [amount]. The Government says it 
must take this property at this time because [recite the pertinent 
ground or grounds from section 3101(b)]. The Government wants to make 
sure [name of debtor] will pay if the court determines that restitution 
is owed.''';
                    (B) by inserting after ``a statement that different 
                property may be so exempted with respect to the State 
                in which the debtor resides.]''' the following:
    ```[In a criminal action, the statement summarizing the types of 
property that may be exempt shall list only those types of property 
that may be exempt under section 3613 of title 18.]'''; and
                    (C) by inserting after ``You must also send a copy 
                of your request to the Government at [address], so the 
                Government will know you want the proceeding to be 
                transferred.''' the following:
    ```If this Notice is issued in conjunction with a criminal case, 
the district court where the criminal action is pending may deny your 
request for a transfer of this proceeding.'''.

              TITLE III--ENVIRONMENTAL CRIMES RESTITUTION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Environmental Crimes Restitution 
Act of 2006''.

SEC. 302. IMMEDIATE AVAILABILITY OF RESTITUTION TO VICTIMS OF 
              ENVIRONMENTAL CRIMES.

    Section 3663(a)(1)(A) of title 18, United States Code, is amended 
by striking ``or section 5124, 46312, 46502, or 46504 of title 49,'' 
and inserting ``paragraph (2) or (3) of section 309(c) of the Federal 
Water Pollution Control Act (33 U.S.C. 1319(c)), section 105(b) of the 
Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 
1415(b)), section 9(a) of the Act to Prevent Pollution from Ships (33 
U.S.C. 1908(a)), section 1423 or subsection (a) or (b) of section 1432 
of the Safe Drinking Water Act (42 U.S.C. 300h-2 and 300i-l), 
subsection (d) or (e) of section 3008 of the Solid Waste Disposal Act 
(42 U.S.C. 6928), paragraph (1) or (5) of section 113(c) of the Clear 
Air Act (42 U.S.C. 7413(c)), or section 46312, 46502, or 46504 of title 
49,''.
                                 <all>