[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 845 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 845

To improve and consolidate the law relating to restitution in criminal 
                                 cases.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 6, 2007

 Mr. Chabot (for himself, Mr. Smith of Texas, Mr. Gallegly, Mr. Franks 
  of Arizona, and Mr. Pence) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To improve and consolidate the law relating to restitution in criminal 
                                 cases.

    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 ``Criminal Restitution Improvement Act 
of 2007''.

SEC. 2. MANDATORY RESTITUTION FOR FEDERAL OFFENSES.

    Title 18, United States Code, is amended by striking section 3663 
and all that follows through section 3664 and inserting the following:
``Sec. 3663. Mandatory restitution
    ``(a) Restitution Required.--The court shall order a convicted 
defendant to make restitution for all pecuniary loss to identifiable 
victims, including pecuniary loss resulting from physical injury to, or 
the death of, another, proximately resulting from the offense.
    ``(b) To Whom Made.--
            ``(1) Generally.--The court shall order restitution be made 
        to each victim of the offense.
            ``(2) Definition of victim.--As used in this section and 
        section 3664, the term `victim' means--
                    ``(A) each identifiable person or entity suffering 
                the pecuniary loss (and any successor to that person or 
                entity); and
                    ``(B) others, as agreed to in a plea agreement or 
                otherwise provided by law.
    ``(c) Extent of Restitution.--Restitution shall compensate the 
victim for all of the victim's pecuniary loss, including--
            ``(1) an amount equal to the greater of the value of the 
        property on the date of the damage, loss, or destruction or the 
        value of the property on the date of sentencing;
            ``(2) 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) an amount equal to the cost of necessary physical and 
        occupational therapy and rehabilitation; and
            ``(4) income lost by such victim as a result of such 
        offense;
            ``(5) lost income and necessary child care, transportation, 
        and other expenses incurred during participation in the 
        investigation or prosecution of the offense or attendance at 
        proceedings related to the offense, including attorneys' fees 
        necessarily and reasonably incurred for representation of the 
        victim except for payment of salaries of government lawyers; 
        and
            ``(6) in the case of an offense resulting in the death of 
        the victim, an amount equal to the cost of necessary funeral 
        and related services.
    ``(d) Special Rule for Misdemeanors.--In the case of a misdemeanor, 
an order of restitution may be in lieu of any other penalty.
    ``(e) Alternative Arrangements in Light of Practical Problems.--The 
court shall provide as complete a restitution to as many victims as 
possible, though not the full restitution to all victims otherwise 
required by this section, to the extent the court finds on the record 
that--
            ``(1) the number of identifiable victims is so large as to 
        make restitution impracticable; or
            ``(2) determining complex issues of fact related to the 
        cause or amount of a victim's losses would complicate or 
        prolong the sentencing process to such a degree that the need 
        to provide restitution to that victim is outweighed by the 
        burden on the sentencing process.
``Sec. 3664. Procedure for issuance and enforcement of order of 
              restitution
    ``(a) Report by Probation Officer.--
            ``(1) Duty to make.--The probation officer shall obtain and 
        include in the presentence report, or in a separate report, as 
        the court may direct, information sufficient for the court to 
        fashion a restitution order.
            ``(2) Contents.--The report shall include, to the extent 
        practicable, a complete accounting of the losses to each 
        victim, any restitution owed pursuant to a plea agreement, and 
        information relating to the economic circumstances of each 
        defendant. If the number or identity of victims cannot be 
        reasonably ascertained, or other circumstances exist that make 
        this requirement impracticable, the probation officer shall so 
        inform the court and make the best efforts possible to estimate 
        the loss and identify the victims.
    ``(b) Disclosure to Parties.--The court shall disclose to the 
defendant, the attorney for the Government, and, upon request, 
potential recipients of restitution, all portions of the presentence or 
other report pertaining to the matters described in subsection (a).
    ``(c) Information From Attorney for the Government.--The attorney 
for the Government shall provide to the probation officer any 
information the Attorney for the Government has relevant to the matters 
required to be reported under subsection (a).
    ``(d) Notice to Victims.--The probation officer shall, before 
submitting the presentence report under subsection (a), to the extent 
practicable--
            ``(1) provide notice to all identified victims of--
                    ``(A) the offense or offenses of which the 
                defendant was convicted;
                    ``(B) the amounts subject to restitution submitted 
                to the probation officer;
                    ``(C) the opportunity of the victim to submit 
                information to the probation officer concerning the 
                amount of the victim's losses;
                    ``(D) the scheduled date, time, and place of the 
                sentencing hearing;
                    ``(E) the availability of a lien in favor of the 
                victim; and
                    ``(F) the opportunity of the victim to file with 
                the probation officer a separate affidavit relating to 
                the amount of the victim's losses subject to 
                restitution; and
            ``(2) provide the victim with an affidavit form to submit 
        pursuant to paragraph (1)(F).
    ``(e) Defendant's Affidavit as to Finances.--Each defendant shall 
prepare and file with the probation officer an affidavit fully 
describing the financial resources of the defendant, including a 
complete listing of all assets owned or controlled by the defendant as 
of the date on which the defendant was arrested, the financial needs 
and earning ability of the defendant and the defendant's dependents, 
and such other information that the court requires relating to such 
other factors as the court deems appropriate.
    ``(f) Additional Documentation or Testimony.--After reviewing the 
report of the probation officer, the court may require additional 
documentation or hear testimony. 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.
    ``(g) Date for Final Determination.--If a victim's losses are not 
ascertainable by the date that is 10 days before sentencing, the 
attorney for the Government or the probation officer 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 60 
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 restitution.
    ``(h) Referral to Magistrate or Special Master.--The court may 
refer any issue arising in connection with a proposed order of 
restitution to a magistrate judge or special master for proposed 
findings of fact and recommendations as to disposition, subject to a de 
novo determination of the issue by the court.
    ``(i) Burdens of Proof.--Any dispute as to the proper amount or 
type of restitution shall be resolved by the court by the preponderance 
of the evidence. The burden of demonstrating the amount of the loss 
sustained by a victim of restitution as a result of the offense shall 
be on the attorney for the Government. The burden of demonstrating the 
financial resources of the defendant and the financial needs of the 
defendant's dependents, shall be on the defendant. The burden of 
demonstrating such other matters as the court deems appropriate shall 
be upon the party designated by the court as justice requires.
    ``(j) Order of Payment.--
            ``(1) Upon determination of the amount of restitution owed 
        to each victim, the court shall order that the full amount of 
        restitution is due and payable immediately.
            ``(2) The court shall specify in the restitution order the 
        manner in which the restitution is to be paid. The court may 
        provide for payment in installments according to a schedule. 
        The length of time over which scheduled payments are 
        established shall be the shortest time in which full payment 
        reasonably can be made and based on--
                    ``(A) the financial resources and other assets of 
                the defendant, including whether any of these assets 
                are jointly controlled;
                    ``(B) projected earnings and other income of the 
                defendant; and
                    ``(C) any financial obligations of the defendant; 
                including obligations to dependents.
            ``(3) The court may direct the defendant to take any 
        action, including the repatriation of assets or the surrender 
        of the interest of the defendant in any asset, in order to pay 
        restitution in accordance with this section.
            ``(4) The Attorney General may collect and apply unreported 
        or otherwise newly available assets to the payment of 
        restitution, without regard to any installment payment 
        provisions.
    ``(k) Order as Final Judgment.--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 subsection (g); or
                    ``(D) adjusted under section 3664(q), 3572, or 
                3613A; or
            ``(2) the defendant may be resentenced under section 3565 
        or 3614.
    ``(l) Joint and Several Responsibility.--If the offense involves 
more than one defendant, the court may order each defendant jointly and 
severally liable for any or all of the restitution.
    ``(m) Supervised Release.--A court shall not terminate a term of 
supervised release under section 3583(e) before the order to pay 
restitution has been completely satisfied. A court shall extend a term 
of supervised release beyond that otherwise imposed under other 
provisions of law, until the defendant has paid the restitution in full 
or the court determines the economic circumstances of the defendant do 
not allow the payment of any further restitution. Such determination is 
only for the purposes of this subsection and does not affect the 
obligation to pay restitution or the ability of any entity to enforce 
restitution under any other provision of law. If the supervised release 
is extended under this subsection, the court shall order that the sole 
condition of supervised release shall be payment of restitution.
    ``(n) Effect of Insurance and Other Compensation.--
            ``(1) Insurance.--In no case shall the fact that a victim 
        receives or is entitled to receive compensation with respect to 
        a loss from insurance or any other source be considered in 
        determining the amount of restitution. If a victim receives 
        compensation from insurance or any other source with respect to 
        a loss, the court shall order that restitution be paid to the 
        person who provided or is obligated to provide the 
        compensation, but the restitution order shall provide that all 
        victims be paid before such a provider of compensation.
            ``(2) Other compensation.--Any amount paid to a victim 
        under an order of restitution shall be reduced by any amount 
        later recovered as compensatory damages for the same loss by 
        the victim in--
                    ``(A) any Federal civil proceeding; and
                    ``(B) any State civil proceeding, to the extent 
                provided by the law of the State.
    ``(o) Details of Payments.--
            ``(1) Minimum payment required.--A restitution order may 
        direct the defendant to make nominal periodic payments if the 
        court finds on the record that the economic circumstances of 
        the defendant do not allow the payment of any amount of a 
        restitution order, and do not allow for the payment of the full 
        amount of a restitution order in the foreseeable future under 
        any reasonable schedule of payments.
            ``(2) In-kind payments.--An in-kind payment may be in the 
        form of 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.
    ``(p) Different Payment Schedules for Multiple Victims.--If the 
court finds that more than 1 victim has sustained a loss requiring 
restitution by a defendant, the court may provide for a different 
payment schedule for each victim, based on their individual losses and 
economic circumstances. In any case in which the United States is a 
victim, the court shall ensure that all other victims receive full 
restitution before the United States receives any restitution.
    ``(q) Material Change in Defendant's Ability To Pay.--The defendant 
shall notify the court and the Attorney General of any material change 
in the defendant's economic circumstances that might affect the 
defendant's ability to pay restitution. The court may also accept 
notification of a material change in the defendant's economic 
circumstances from the United States or from the victim. The Attorney 
General shall certify to the court that the victims have been notified 
of the change in circumstances. Upon receipt of the notification, the 
court may, on its own motion, or the motion of any party, including the 
victim, adjust the payment schedule, or require immediate payment in 
full, as the interests of justice require.
    ``(r) Name and Address Changes.--It is the responsibility of the 
victim to provide any change in name or mailing address to the court 
while restitution is still owed. Not later than 30 days after any 
change in name or mailing or residence address, a person owing 
restitution shall promptly report the change to the court. The 
confidentiality of any information relating to a victim shall be 
maintained.
    ``(s) Enforcement.--
            ``(1) Generally.--An order of restitution may be enforced 
        by the United States in the manner provided for in subchapter C 
        of chapter 227 and subchapter B of chapter 229 of this title, 
        or by all other available and necessary means.
            ``(2) Abstract of judgment.--At the request of a victim 
        named in a restitution order, the clerk of the court shall 
        issue an abstract of judgment certifying that a judgment has 
        been entered in favor of such victim in the amount specified in 
        the restitution order. Upon registering, recording, docketing, 
        or indexing such abstract in accordance with the rules and 
        requirements relating to judgments of the court of the State 
        where the district court is located, the abstract of judgment 
        shall be a lien on the property of the defendant located in 
        such State in the same manner and to the same extent and under 
        the same conditions as a judgment of a court of general 
        jurisdiction in that State.
            ``(3) Special rule for in-kind orders.--An order of in-kind 
        restitution in the form of services shall be enforced by the 
        probation officer.
    ``(t) Effect of Additional Resources.--If a person obligated to 
provide restitution, or pay a fine, receives additional resources from 
any source, including inheritance, settlement, or other judgment, such 
person shall be required to apply the value of such resources to any 
restitution or fine still owed.
    ``(u) Rights of Victims.--
            ``(1) Not required to participate.--No victim shall be 
        required to participate in any phase of a restitution order.
            ``(2) Assignment to fund.--A victim may at any time assign 
        an interest in restitution payments to the Crime Victims Fund 
        in the Treasury without in any way impairing the obligation of 
        the defendant to make such payments.
    ``(v) No Cause of Action Created Against the United States or Its 
Officers or Employees.--Nothing in this section or section or 3663 
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.
    ``(w) Collateral Estoppel.--A conviction of a defendant for an 
offense involving the act giving rise to an order of restitution shall 
estop the defendant from denying the essential allegations of that 
offense in any subsequent Federal civil proceeding or State civil 
proceeding, to the extent consistent with State law, brought by the 
victim.''.

SEC. 3. TABLE OF SECTIONS AMENDMENT.

    The table of sections at the beginning of chapter 232 of title 18, 
United States Code, is amended by striking the item relating to 
sections 3663 and all that follows the item relating to section 3664 
and inserting the following:

``3663. Mandatory restitution.
``3664. Procedure for issuance and enforcement of order of 
                            restitution.''.

SEC. 4. EFFECT OF RESTITUTION ORDER ON SENTENCE OF PROBATION.

    Section 3564 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(f) Relation to Restitution Order.--The court shall not terminate 
a term of probation under section 3564(c) if the defendant has an 
unsatisfied order of restitution. The court shall extend probation for 
such a defendant beyond any term otherwise provided by law until the 
order is satisfied or the court determines the economic circumstances 
of the defendant do not allow the payment of any further restitution. 
Such determination is only for the purposes of this subsection and does 
not affect the obligation to pay restitution or the ability of any 
entity to enforce restitution under any other provision of law. The 
sole condition of such extended probation shall be the satisfaction of 
that order.''.

SEC. 5. CONFORMING AMENDMENTS AND REPEALS.

    (a) Elimination of Specialized Mandatory Restitution Provisions.--
            (1)  In title 18.--Title 18, United States Code, is amended 
        by striking--
                    (A) section 1593;
                    (B) section 2248;
                    (C) section 2259;
                    (D) section 2264; and
                    (E) section 2327.
            (2) Conforming amendments to tables in title 18.--The table 
        of sections for each of the chapters of title 18, United States 
        Code, from which a section is stricken by subsection (a) is 
        amended by striking the item relating to that section.
            (3) In the controlled substances act.--The Controlled 
        Substances Act (21 U.S.C. 801 et seq.) is amended--
                    (A) in section 413(q), by striking
                ``shall--'' and all that follows through ``3663A of 
                title 18, United States Code.'' and inserting ``order 
                the defendant to reimburse the United States, the State 
                or local government concerned, or both the United 
                States and the State or local government concerned for 
                the costs incurred by the United States or the State or 
                local government concerned, as the case may be, for the 
                cleanup associated with the manufacture of amphetamine 
                or methamphetamine by the defendant, or on premises or 
                in property that the defendant owns, resides, or does 
                business in.''; and
                    (B) in section 416, by striking subsection (c).
    (b) Elimination of Procedural Matters Moved to Restitution 
Sections.--Section 3612(b)(1) of title 18, United States Code, is 
amended--
            (1) by striking subparagraphs (F) and (G);
            (2) by inserting ``and'' at the end of subparagraph (D); 
        and
            (3) by striking the semicolon at the end of subparagraph 
        (E) and inserting a period.
    (c) Cross Reference Corrections.--
            (1) Section 3563(a)(6)(A) of title 18, United States Code, 
        is amended by striking ``2248, 2259, 2327, 3663, 3663A, and 
        3664'' and inserting ``3663 and 3664''.
            (2) Section 3613(c) of title 18, United States Code, is 
        amended by striking ``2248'' and all that follows through 
        ``3664'' and inserting ``3663 and 3664''.

SEC. 6. SPECIAL FORFEITURE OF COLLATERAL PROFITS FROM CRIME.

    Subsection (a) of section 3681 of title 18, United States Code, is 
amended by striking `` the interest of justice or an order of 
restitution'' and all that follows through the end of the subsection 
and inserting ``the compelling interest of preventing wrongdoers from 
profiting from their crimes or of providing restitution to the victims 
of those crimes so requires, order the offender (or any transferee of 
that defendant) to forfeit any profits made possible by the offense.''.

SEC. 7. 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 that a defendant, 
        if convicted, will be ordered to pay an approximate amount 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) Effect of probable cause finding.--Any probable cause 
        finding by the court under paragraph (1) shall not limit the 
        amount of restitution the court may impose at the time of 
        sentencing.
            ``(3) 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.
            ``(4) 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.
            ``(5) 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 table of sections at the beginning 
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.''.

SEC. 8. 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. 9. 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.'''.
    (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. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Attorney General for 
enhancing the enforcement and litigation of criminal debts owed to 
victims of Federal criminal offenses $20 million for each of the fiscal 
years 2008 through 2012.
                                 <all>