[Congressional Record (Bound Edition), Volume 153 (2007), Part 7]
[Senate]
[Pages 9366-9370]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 898. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 897 proposed by Mr. Ensign (for himself and Mr. Craig) to 
the bill S. 378, to amend title 18, United States Code, to protect 
judges, prosecutors, witnesses, victims, and their family members, and 
for other purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted insert the 
     following:

                     TITLE VI: NINTH CIRCUIT SPLIT

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``The Circuit Court of 
     Appeals Restructuring and Modernization Act of 2007''.

     SEC. 602. DEFINITIONS.

       In this title:
       (1) Former ninth circuit.--The term ``former ninth 
     circuit'' means the ninth judicial circuit of the United 
     States as in existence on the day before the effective date 
     of this title.
       (2) New ninth circuit.--The term ``new ninth circuit'' 
     means the ninth judicial circuit of the United States 
     established by the amendment made by section 603(2)(A).
       (3) Twelfth circuit.--The term ``twelfth circuit'' means 
     the twelfth judicial circuit of the United States established 
     by the amendment made by section 603(2)(B).

     SEC. 603. NUMBER AND COMPOSITION OF CIRCUITS.

       Section 41 of title 28, United States Code, is amended--
       (1) in the matter preceding the table, by striking 
     ``thirteen'' and inserting ``fourteen''; and
       (2) in the table--
       (A) by striking the item relating to the ninth circuit and 
     inserting the following:
California, Guam, Hawaii, Northern Mariana Islands.''..................
       and
       (B) by inserting after the item relating to the eleventh 
     circuit the following:
Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington.''.........

     SEC. 604. JUDGESHIPS.

       (a) New Judgeships.--The President shall appoint, by and 
     with the advice and consent of the Senate, 5 additional 
     circuit judges for the new ninth circuit court of appeals, 
     whose official duty station shall be in California.
       (b) Temporary Judgeships.--
       (1) Appointment of judges.--The President shall appoint, by 
     and with the advice and consent of the Senate, 2 additional 
     circuit judges for the former ninth circuit court of appeals, 
     whose official duty stations shall be in California.
       (2) Effect of vacancies.--The first 2 vacancies occurring 
     on the new ninth circuit court of appeals 10 years or more 
     after judges are first confirmed to fill both temporary 
     circuit judgeships created by this subsection shall not be 
     filled.
       (c) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act.

     SEC. 605. NUMBER OF CIRCUIT JUDGES.

       The table contained in section 44(a) of title 28, United 
     States Code, is amended--
       (1) by striking the item relating to the ninth circuit and 
     inserting the following:
``Ninth........................................................20''....

       and
       (2) by inserting after the item relating to the eleventh 
     circuit the following:
``Twelfth.....................................................14''.....

     SEC. 606. PLACES OF CIRCUIT COURT.

       The table contained in section 48(a) of title 28, United 
     States Code, is amended--
       (1) by striking the item relating to the ninth circuit and 
     inserting the following:
Honolulu, Pasadena, San Francisco.''...................................
       and
       (2) by inserting after the item relating to the eleventh 
     circuit the following:
Las Vegas, Phoenix, Portland, Seattle.''...............................

     SEC. 607. LOCATION OF TWELFTH CIRCUIT HEADQUARTERS.

       The offices of the Circuit Executive of the Twelfth Circuit 
     and the Clerk of the Court of the Twelfth Circuit shall be 
     located in Phoenix, Arizona.

     SEC. 608. ASSIGNMENT OF CIRCUIT JUDGES.

       Each circuit judge of the former ninth circuit who is in 
     regular active service and whose official duty station on the 
     day before the effective date of this title--
       (1) is in California, Guam, Hawaii, or the Northern Mariana 
     Islands shall be a circuit judge of the new ninth circuit as 
     of such effective date; and
       (2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, 
     or Washington shall be a circuit judge of the twelfth circuit 
     as of such effective date.

     SEC. 609. ELECTION OF ASSIGNMENT BY SENIOR JUDGES.

       Each judge who is a senior circuit judge of the former 
     ninth circuit on the day before the effective date of this 
     title may elect to be assigned to the new ninth circuit or 
     the twelfth circuit as of such effective date and shall 
     notify the Director of the Administrative Office of the 
     United States Courts of such election.

     SEC. 610. SENIORITY OF JUDGES.

       The seniority of each judge--
       (1) who is assigned under section 608, or
       (2) who elects to be assigned under section 609,
     shall run from the date of commission of such judge as a 
     judge of the former ninth circuit.

     SEC. 611. APPLICATION TO CASES.

       The following apply to any case in which, on the day before 
     the effective date of this title, an appeal or other 
     proceeding has been filed with the former ninth circuit:
       (1) Except as provided in paragraph (3), if the matter has 
     been submitted for decision, further proceedings with respect 
     to the matter shall be had in the same manner and with the 
     same effect as if this title had not been enacted.
       (2) If the matter has not been submitted for decision, the 
     appeal or proceeding, together with the original papers, 
     printed records, and record entries duly certified, shall, by 
     appropriate orders, be transferred to the court to which the 
     matter would have been submitted had this title been in full 
     force and effect at the time such appeal was taken or other 
     proceeding commenced, and further proceedings with respect to 
     the case shall be had in the same manner and with the same 
     effect as if the appeal or other proceeding had been filed in 
     such court.
       (3) If a petition for rehearing en banc is pending on or 
     after the effective date of this title, the petition shall be 
     considered by the court of appeals to which it would have 
     been submitted had this title been in full force and effect 
     at the time that the appeal or other proceeding was filed 
     with the court of appeals.

     SEC. 612. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES AMONG 
                   CIRCUITS.

       Section 291 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(c) The chief judge of the Ninth Circuit may, in the 
     public interest and upon request by the chief judge of the 
     Twelfth Circuit, designate and assign temporarily any circuit 
     judge of the Ninth Circuit to act as circuit judge in the 
     Twelfth Circuit.
       ``(d) The chief judge of the Twelfth Circuit may, in the 
     public interest and upon request by the chief judge of the 
     Ninth Circuit, designate and assign temporarily any circuit 
     judge of the Twelfth Circuit to act as circuit judge in the 
     Ninth Circuit.''.

     SEC. 613. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES AMONG 
                   CIRCUITS.

       Section 292 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(f) The chief judge of the United States Court of Appeals 
     for the Ninth Circuit may in the public interest--
       ``(1) upon request by the chief judge of the Twelfth 
     Circuit, designate and assign 1 or more district judges 
     within the Ninth Circuit to sit upon the Court of Appeals of 
     the Twelfth Circuit, or a division thereof, whenever the 
     business of that court so requires; and
       ``(2) designate and assign temporarily any district judge 
     within the Ninth Circuit to hold a district court in any 
     district within the Twelfth Circuit.
       ``(g) The chief judge of the United States Court of Appeals 
     for the Twelfth Circuit may in the public interest--
       ``(1) upon request by the chief judge of the Ninth Circuit, 
     designate and assign 1 or more district judges within the 
     Twelfth Circuit to sit upon the Court of Appeals of the Ninth 
     Circuit, or a division thereof, whenever the business of that 
     court so requires; and
       ``(2) designate and assign temporarily any district judge 
     within the Twelfth Circuit to hold a district court in any 
     district within the Ninth Circuit.
       ``(h) Any designations or assignments under subsection (f) 
     or (g) shall be in conformity with the rules or orders of the 
     court of appeals of, or the district within, as applicable, 
     the circuit to which the judge is designated or assigned.''.

     SEC. 614. ADMINISTRATION.

       The court of appeals for the ninth circuit as constituted 
     on the day before the effective date of this title may take 
     such administrative action as may be required to carry out 
     this title and the amendments made by this title. Such court 
     shall cease to exist for administrative purposes 2 years 
     after the date of enactment of this Act.

     SEC. 615. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this title, including funds for 
     additional court facilities.

     SEC. 616. EFFECTIVE DATE.

       Except as provided in section 604(c), this title and the 
     amendments made by this title shall take effect 12 months and 
     1 day after the date of enactment of this Act.

                                 ______
                                 
  SA 899. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 378, to amend title 18, United States Code, to 
protect judges, prosecutors, witnesses, victims, and their family 
members, and for other purposes; which was ordered to lie on the table; 
as follows:


[[Page 9367]]

        TITLE VI. ADDITIONAL JUDGESHIPS FOR THE SOUTHWEST BORDER

       At the end of the bill, add the following:

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Federal Criminal 
     Immigration Courts Act of 2007''.

     SEC. 602. FINDINGS AND PURPOSE.

       (a) Findings.--Based on the recommendations made by the 
     2007 Judicial Conference and the statistical data provided by 
     the 2006 Federal Court Management Statistics (issued by the 
     Administrative Office of the United States Courts), the 
     Congress finds the following:
       (1) Federal courts along the southwest border of the United 
     States have a greater percentage of their criminal caseload 
     affected by immigration cases than other Federal courts.
       (2) The percentage of criminal immigration cases in most 
     southwest border district courts totals more than 49 percent 
     of the total criminal caseloads of those districts.
       (3) The current number of judges authorized for those 
     courts is inadequate to handle the current caseload.
       (4) Such an increase in the caseload of criminal 
     immigration filings requires a corresponding increase in the 
     number of Federal judgeships.
       (5) The 2007 Judicial Conference recommended the addition 
     of judgeships to meet this growing burden.
       (6) The Congress should authorize the additional district 
     court judges necessary to carry out the 2007 recommendations 
     of the Judicial Conference for district courts in which the 
     criminal immigration filings represented more than 49 percent 
     of all criminal filings for the 12-month period ending 
     September 30, 2006.
       (b) Purpose.--The purpose of this title is to increase the 
     number of Federal judgeships, in accordance with the 
     recommendations of the 2007 Judicial Conference, in district 
     courts that have an extraordinarily high criminal immigration 
     caseload.

     SEC. 603. ADDITIONAL DISTRICT COURT JUDGESHIPS.

       (a) Permanent Judgeships.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (A) 4 additional district judges for the district of 
     Arizona;
       (B) 1 additional district judge for the district of New 
     Mexico;
       (C) 2 additional district judges for the southern district 
     of Texas; and
       (D) 1 additional district judge for the western district of 
     Texas.
       (2) Conforming amendments.--In order that the table 
     contained in section 133(a) of title 28, United States Code, 
     reflect the number of additional judges authorized under 
     paragraph (1), such table is amended--
       (A) by striking the item relating to Arizona and inserting 
     the following:

``Arizona..........................................................6'';

       (B) by striking the item relating New Mexico and inserting 
     the following:

``New Mexico...................................................7''; and

       (C) by striking the item relating to Texas and inserting 
     the following:

``Texas:
Northern.............................................................12
Southern.............................................................21
Eastern..............................................................l7
Western...........................................................14''.

       (b) Temporary Judgeships.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (A) 1 additional district judge for the district of 
     Arizona; and
       (B) 1 additional district judge for the district of New 
     Mexico.
       (2) Vacancy.--For each of the judicial districts named in 
     this subsection, the first vacancy arising on the district 
     court 10 years or more after a judge is first confirmed to 
     fill the temporary district judgeship created in that 
     district by this subsection shall not be filled.
                                 ______
                                 
  SA 900. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 378, to amend title 18, United States Code, to 
protect judges, prosecutors, witnesses, victims, and their family 
members, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. MEDIA COVERAGE OF FEDERAL COURT PROCEEDINGS.

       (a) Definitions.--In this section:
       (1) Presiding judge.--The term ``presiding judge'' means 
     the judge presiding over the court proceeding concerned. In 
     proceedings in which more than 1 judge participates, the 
     presiding judge shall be the senior active judge so 
     participating or, in the case of a circuit court of appeals, 
     the senior active circuit judge so participating, except 
     that--
       (A) in en banc sittings of any United States circuit court 
     of appeals, the presiding judge shall be the chief judge of 
     the circuit whenever the chief judge participates; and
       (B) in en banc sittings of the Supreme Court of the United 
     States, the presiding judge shall be the Chief Justice 
     whenever the Chief Justice participates.
       (2) Appellate court of the united states.--The term 
     ``appellate court of the United States'' means any United 
     States circuit court of appeals and the Supreme Court of the 
     United States.
       (b) Authority of Presiding Judge To Allow Media Coverage of 
     Court Proceedings.--
       (1) Authority of appellate courts.--
       (A) In general.--Except as provided under subparagraph (B), 
     the presiding judge of an appellate court of the United 
     States may, at the discretion of that judge, permit the 
     photographing, electronic recording, broadcasting, or 
     televising to the public of any court proceeding over which 
     that judge presides.
       (B) Exception.--The presiding judge shall not permit any 
     action under subparagraph (A), if--
       (i) in the case of a proceeding involving only the 
     presiding judge, that judge determines the action would 
     constitute a violation of the due process rights of any 
     party; or
       (ii) in the case of a proceeding involving the 
     participation of more than 1 judge, a majority of the judges 
     participating determine that the action would constitute a 
     violation of the due process rights of any party.
       (2) Authority of district courts.--
       (A) In general.--
       (i) Authority.--Notwithstanding any other provision of law, 
     except as provided under clause (iii), the presiding judge of 
     a district court of the United States may, at the discretion 
     of that judge, permit the photographing, electronic 
     recording, broadcasting, or televising to the public of any 
     court proceeding over which that judge presides.
       (ii) Obscuring of witnesses.--Except as provided under 
     clause (iii)--

       (I) upon the request of any witness (other than a party) in 
     a trial proceeding, the court shall order the face and voice 
     of the witness to be disguised or otherwise obscured in such 
     manner as to render the witness unrecognizable to the 
     broadcast audience of the trial proceeding; and
       (II) the presiding judge in a trial proceeding shall inform 
     each witness who is not a party that the witness has the 
     right to request the image and voice of that witness to be 
     obscured during the witness' testimony.

       (iii) Exception.--The presiding judge shall not permit any 
     action under this subparagraph, if that judge determines the 
     action would constitute a violation of the due process rights 
     of any party.
       (B) No televising of jurors.--The presiding judge shall not 
     permit the televising of any juror in a trial proceeding.
       (3) Advisory guidelines.--The Judicial Conference of the 
     United States may promulgate advisory guidelines to which a 
     presiding judge, at the discretion of that judge, may refer 
     in making decisions with respect to the management and 
     administration of photographing, recording, broadcasting, or 
     televising described under paragraphs (1) and (2).
       (4) Sunset of district court authority.--The authority 
     under paragraph (2) shall terminate 3 years after the date of 
     the enactment of this Act.
                                 ______
                                 
  SA 901. Mr. DORGAN (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 378, to amend 
title 18, United States Code, to protect judges, prosecutors, 
witnesses, victims, and their family members, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

         TITLE __--RESTITUTION FOR VICTIMS OF CRIME ACT OF 2007

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Restitution for Victims of 
     Crime Act of 2007''.

                 Subtitle A--Collection of Restitution

     SEC. 1101. SHORT TITLE.

       This subtitle may be cited as the ``Collection of 
     Restitution Improvement Act of 2007''.

     SEC. 1102. 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.

[[Page 9368]]

       ``(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. 1103. 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

[[Page 9369]]

     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. 1104. 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. 1105. 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).''.

           Subtitle B--Preservation of Assets for Restitution

     SEC. 1201. SHORT TITLE.

       This subtitle may be cited as the ``Preservation of Assets 
     for Restitution Act of 2007''.

     SEC. 1202. 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.

[[Page 9370]]

       ``(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.''.

     SEC. 1203. 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. 1204. 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.'''.

              Subtitle C--Environmental Crimes Restitution

     SEC. 1301. SHORT TITLE.

       This subtitle may be cited as the ``Environmental Crimes 
     Restitution Act of 2007''.

     SEC. 1302. 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,''.

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