II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restitution for Victims 

5 of Crime Act of 2006’’. 

6 TITLE I—COLLECTION OF 

7 RESTITUTION 

8 SEC. 101. SHORT TITLE. 

9 This title may be cited as the ‘‘Collection of Restitu10 tion Improvement Act of 2006’’. 
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1 SEC. 102. PROCEDURE FOR ISSUANCE AND ENFORCEMENT 

2 OF RESTITUTION. 

3 Section 3664(f) of title 18, United States Code, is 

4 amended by striking paragraphs (2) through (4) and in5 serting the following: 

6 ‘‘(C)(i) Each restitution order shall— 

7 ‘‘(I) contain information sufficient to identify 

8 each victim to whom restitution is owed; 

9 ‘‘(II) require that a copy of the court order be 

10 sent to each such victim; and 

11 ‘‘(III) inform each such victim of the obligation 

12 to notify the appropriate entities of any change in 

13 address. 

14 ‘‘(ii) It shall be the responsibility of each victim to 

15 whom restitution is owed to notify the Attorney General, 

16 or the appropriate entity of the court, by means of a form 

17 to be provided by the Attorney General or the court, of 

18 any change in the victim’s mailing address while restitu19 tion is still owed to the victim. 

20 ‘‘(iii) The confidentiality of any information relating 

21 to a victim under this subparagraph shall be maintained. 

22 ‘‘(2) The court shall order that the restitution im23 posed is due in full immediately upon imposition. 

24 ‘‘(3) The court shall direct the defendant— 

25 ‘‘(A) to make a good-faith effort to satisfy the 

26 restitution order in the shortest time in which full 
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1 restitution can be reasonably made, and to refrain 

2 from taking any action that conceals or dissipates 

3 the defendant’s assets or income; 

4 ‘‘(B) to notify the court of any change in resi5 dence; and 

6 ‘‘(C) to notify the United States Attorney for 

7 the district in which the defendant was sentenced of 

8 any change in residence, and of any material change 

9 in economic circumstances that might affect the de10 fendant’s ability to pay restitution. 

11 ‘‘(4) Compliance with all payment directions imposed 

12 under paragraphs (6) and (7) shall be prima facie evidence 

13 of a good faith effort under paragraph (3)(A), unless it 

14 is shown that the defendant has concealed or dissipated 

15 assets. 

16 ‘‘(5) Notwithstanding any other provision of law, for 

17 the purpose of enforcing a restitution order, a United 

18 States Attorney may receive, without the need for a court 

19 order, any financial information concerning the defendant 

20 obtained by the grand jury that indicted the defendant for 

21 the crime for which restitution has been awarded, the 

22 United States Probation Office, or the Bureau of Prisons. 

23 A victim may also provide financial information con24 cerning the defendant to the United States Attorney. 
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1 ‘‘(6)(A) At sentencing, or at any time prior to the 

2 termination of a restitution obligation under section 3613 

3 of this title, the court may— 

4 ‘‘(i) impose special payment directions upon the 

5 defendant or modify such directions; or 

6 ‘‘(ii) direct the defendant to make a single, 

7 lump sum payment, partial payments at specified in8 tervals, in-kind payments, or a combination of pay9 ments at specified intervals and in-kind payments. 

10 ‘‘(B) The period of time over which scheduled pay11 ments are established for purposes of this paragraph shall 

12 be the shortest time in which full payment reasonably can 

13 be made. 

14 ‘‘(C) In-kind payments may be in the form of the re15 turn of property, replacement of property, or, if the victim 

16 agrees, services rendered to the victim or a person or orga17 nization other than the victim. 

18 ‘‘(D) In ordering restitution, the court may direct the 

19 defendant to— 

20 ‘‘(i) repatriate any property that constitutes 

21 proceeds of the offense of conviction, or property 

22 traceable to such proceeds; and 

23 ‘‘(ii) surrender to the United States, or to the 

24 victim named in the restitution order, any interest of 

25 the defendant in any nonexempt asset. 
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1 ‘‘(E) The court may enter a restraining order or in2 junction, require the execution of a satisfactory perform3 ance bond, or take any other action to preserve the avail4 ability of property for restitution. 

5 ‘‘(7)(A) In determining whether to impose or modify 

6 specific payment directions, the court may consider— 

7 ‘‘(i) the need to provide restitution to the vic8 tims of the offense; 

9 ‘‘(ii) the financial ability of the defendant; 

10 ‘‘(iii) the economic circumstances of the defend11 ant, including the financial resources and other as12 sets of the defendant and whether any of those as13 sets are jointly controlled; 

14 ‘‘(iv) the projected earnings and other income 

15 of the defendant; 

16 ‘‘(v) any financial obligations of the defendant, 

17 including obligations to dependents; 

18 ‘‘(vi) whether the defendant has concealed or 

19 dissipated assets or income; and 

20 ‘‘(vii) any other appropriate circumstances. 

21 ‘‘(B) Any substantial resources from any source, in22 cluding inheritance, settlement, or other judgment, shall 

23 be applied to any outstanding restitution obligation. 

24 ‘‘(8)(A) If the court finds that the economic cir25 cumstances of the defendant do not allow the payment of 
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1 any substantial amount as restitution, the court may di2 rect the defendant to make nominal payments of not less 

3 than $100 per year toward the restitution obligation. 

4 ‘‘(B) Any money received from the defendant under 

5 subparagraph (A) shall be disbursed so that any out6 standing assessment imposed under section 3013 is paid 

7 first in full. 

8 ‘‘(9) Court-imposed special payment directions shall 

9 not limit the ability of the Attorney General to maintain 

10 an Inmate Financial Responsibility Program that encour11 ages sentenced inmates to meet their legitimate financial 

12 obligations. 

13 ‘‘(10)(A) The ability of the Attorney General to en14 force restitution obligations ordered under paragraph (2) 

15 shall not be limited by appeal, or the possibility of a cor16 rection, modification, amendment, adjustment, or reim17 position of a sentence, unless the court expressly so orders 

18 for good cause shown and stated on the record. 

19 ‘‘(B) Absent exceptional circumstances, as deter20 mined by the court, an order limiting the enforcement of 

21 restitution obligations shall— 

22 ‘‘(i) require the defendant to deposit, in the 

23 registry of the district court, any amount of the res24 titution that is due; 
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1 ‘‘(ii) require the defendant to post a bond or 

2 other security to ensure payment of the restitution 

3 that is due; or 

4 ‘‘(iii) impose additional restraints upon the de5 fendant to prevent the defendant from transferring 

6 or dissipating assets. 

7 ‘‘(C) No order described in subparagraph (B) shall 

8 restrain the ability of the United States to continue its 

9 investigation of the defendant’s financial circumstances, 

10 conduct discovery, record a lien, or seek any injunction 

11 or other relief from the court.’’. 

12 SEC. 103. IMPOSITION OF CRIMINAL FINES AND PAYMENT 

13 DIRECTIONS. 

14 Subsection 3572(d) of title 18, United States Code, 

15 is amended to read as follows: 

16 ‘‘(d) PAYMENT.— 

17 ‘‘(1) IN GENERAL.—The court shall order that 

18 any fine or assessment imposed be due in full imme19 diately upon imposition. 

20 ‘‘(2) EFFORTS TO MAKE PAYMENT.—The court 

21 shall— 

22 ‘‘(A) direct the defendant to make a good23 faith effort to satisfy the fine and assessment in 

24 the shortest time in which full payment can be 

25 reasonably made, and to refrain from taking 
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1 any action that conceals or dissipates the de2 fendant’s assets or income; 

3 ‘‘(B) direct the defendant to notify the 

4 court of any change in residence; and 

5 ‘‘(C) order the defendant to notify the 

6 United States Attorney for the district in which 

7 the defendant was sentenced of any change in 

8 residence, and of any material change in eco9 nomic circumstances that might affect the de10 fendant’s ability to pay restitution. 

11 ‘‘(3) GOOD FAITH.—Compliance with all pay12 ment directions imposed by paragraphs (5) and (6) 

13 shall be prima facie evidence of a good faith effort 

14 under paragraph (2)(A), unless it is shown that the 

15 defendant has concealed or dissipated assets; 

16 ‘‘(4) ACCESS TO INFORMATION.—Notwith17 standing any other provision of law, for the purpose 

18 of enforcing a fine or assessment, a United States 

19 Attorney may receive, without the need for a court 

20 order, any financial information concerning the de21 fendant obtained by a grand jury, the United States 

22 Probation Office, or the Bureau of Prisons. 

23 ‘‘(5) PAYMENT SCHEDULE.— 

24 ‘‘(A) IN GENERAL.—At sentencing, or at 

25 any time prior to the termination of a restitu-
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1 tion obligation under section 3613 of this title, 

2 the court may— 

3 ‘‘(i) impose special payment directions 

4 upon the defendant or modify such direc5 tions; or 

6 ‘‘(ii) direct the defendant to make a 

7 single, lump sum payment, or partial pay8 ments at specified intervals. 

9 ‘‘(B) PERIOD OF TIME.—The period of 

10 time over which scheduled payments are estab11 lished for purposes of this paragraph shall be 

12 the shortest time in which full payment can rea13 sonably be made. 

14 ‘‘(C) REPATRIATION.—The court may di15 rect the defendant to repatriate any property 

16 that constitutes proceeds of the offense of con17 viction, or property traceable to such proceeds. 

18 ‘‘(D) SURRENDER.—In ordering restitu19 tion, the court may direct the defendant to sur20 render to the United States any interest of the 

21 defendant in any non-exempt asset. 

22 ‘‘(E) THIRD PARTIES.—If the court directs 

23 the defendant to repatriate or surrender any 

24 property in which it appears that any person 
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1 other than the defendant may have a legal in2 terest— 

3 ‘‘(i) the court shall take such action 

4 as is necessary to protect such third party 

5 interest; and 

6 ‘‘(ii) may direct the United States to 

7 initiate any ancillary proceeding to deter8 mine such third party interests in accord9 ance with the procedures specified in sec10 tion 413(n) of the Controlled Substances 

11 Act (21 U.S.C. 853(n)). 

12 ‘‘(F) EXCLUSIVITY OF REMEDY.—Except 

13 as provided in this section, no person may com14 mence an action against the United States con15 cerning the validity of the party’s alleged inter16 est in the property subject to reparation or sur17 render. 

18 ‘‘(G) PRESERVATION OF PROPERTY.—The 

19 court may enter a restraining order or injunc20 tion, require the execution of a satisfactory per21 formance bond, or take any other action to pre22 serve the availability of property for payment of 

23 the fine or assessment. 
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1 ‘‘(6) CONSIDERATIONS.—In determining wheth2 er to impose or modify special payment directions, 

3 the court may consider— 

4 ‘‘(A) the need to satisfy the fine or assess5 ment; 

6 ‘‘(B) the financial ability of the defendant; 

7 ‘‘(C) the economic circumstances of the de8 fendant, including the financial resources and 

9 other assets of the defendant, and whether any 

10 of those assets are jointly controlled; 

11 ‘‘(D) the projected earnings and other in12 come of the defendant; 

13 ‘‘(E) any financial obligations of the de14 fendant, including obligations to dependents; 

15 ‘‘(F) whether the defendant has concealed 

16 or dissipated assets or income; and 

17 ‘‘(G) any other appropriate circumstances. 

18 ‘‘(7) USE OF RESOURCES.—Any substantial re19 sources from any source, including inheritance, set20 tlement, or other judgment shall be applied to any 

21 fine or assessment still owed. 

22 ‘‘(8) NOMINAL PAYMENTS.—If the court finds 

23 that the economic circumstances of the defendant do 

24 not allow the immediate payment of any substantial 

25 amount of the fine or assessment imposed, the court 
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1 may direct the defendant to make nominal payments 

2 of not less than $100 per year toward the fine or as3 sessment imposed. 

4 ‘‘(9) INMATE FINANCIAL RESPONSIBILITY PRO5 GRAM.—Court-imposed special payment directions 

6 shall not limit the ability of the Attorney General to 

7 maintain an Inmate Financial Responsibility Pro8 gram that encourages sentenced inmates to meet 

9 their legitimate financial obligations. 

10 ‘‘(10) ENFORCEMENT.— 

11 ‘‘(A) IN GENERAL.—The ability of the At12 torney General to enforce the fines and assess13 ment ordered under paragraph (1) shall not be 

14 limited by an appeal, or the possibility of a cor15 rection, modification, amendment, adjustment, 

16 or reimposition of a sentence, unless the court 

17 expressly so orders, for good cause shown and 

18 stated on the record. 

19 ‘‘(B) EXCEPTIONS.—Absent exceptional 

20 circumstances, as determined by the court, an 

21 order limiting enforcement of a fine or assess22 ment shall— 

23 ‘‘(i) require the defendant to deposit, 

24 in the registry of the district court, any 
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1 amount of the fine or assessment that is 

2 due; 

3 ‘‘(ii) require the defendant to post a 

4 bond or other security to ensure payment 

5 of the fine or assessment that is due; or 

6 ‘‘(iii) impose additional restraints 

7 upon the defendant to prevent the defend8 ant from transferring or dissipating assets. 

9 ‘‘(C) OTHER ACTIVITIES.—No order de10 scribed in subparagraph (B) shall restrain the 

11 ability of the United States to continue its in12 vestigation of the defendant’s financial cir13 cumstances, conduct discovery, record a lien, or 

14 seek any injunction or other relief from the 

15 court. 

16 ‘‘(11) SPECIAL ASSESSMENTS.—The require17 ments of this subsection shall apply to the imposi18 tion and enforcement of any assessment imposed 

19 under section 3013 of this title.’’. 

20 SEC. 104. COLLECTION OF UNPAID FINES OR RESTITUTION. 

21 Section 3612(b) of title 18, United States Code, is 

22 amended to read as follows: 

23 ‘‘(b) INFORMATION TO BE INCLUDED IN JUDGMENT; 

24 JUDGMENT TO BE TRANSMITTED TO THE ATTORNEY

25 GENERAL.— 

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1 ‘‘(1) IN GENERAL.—A judgment or order im2 posing, modifying, or remitting a fine or restitution 

3 order of more than $100 shall include— 

4 ‘‘(A) the name, social security account 

5 number, mailing address, and residence address 

6 of the defendant; 

7 ‘‘(B) the docket number of the case; 

8 ‘‘(C) the original amount of the fine or res9 titution order and the amount that is due and 

10 unpaid; 

11 ‘‘(D) payment orders and directions im12 posed under section 3572(d) and section 

13 3664(f) of this title; and 

14 ‘‘(E) a description of any modification or 

15 remission. 

16 ‘‘(2) TRANSMITTAL OF COPIES.—Not later than 

17 10 days after entry of the judgment or order de18 scribed in paragraph (1), the court shall transmit a 

19 certified copy of the judgment or order to the Attor20 ney General.’’. 

21 SEC. 105. ATTORNEY’S FEES FOR VICTIMS. 

22 (a) ORDER OF RESTITUTION.—Section 3663(b) of 

23 title 18, United States Code, is amended— 

24 (1) in paragraph (1)— 
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1 (A) in subparagraph (A), by striking ‘‘or’’ 

2 at the end; 

3 (B) by redesignating subparagraph (B) as 

4 subparagraph (C); 

5 (C) by inserting after subparagraph (A) 

6 the following: 

7 ‘‘(B) reimburse the victim for attorneys’ 

8 fees reasonably incurred in an attempt to re9 trieve damaged, lost, or destroyed property 

10 (which shall not include payment of salaries of 

11 Government attorneys); or’’; and 

12 (D) in subparagraph (C), as so redesig13 nated by this subsection, by inserting ‘‘or (B)’’ 

14 after ‘‘subparagraph (A)’’; 

15 (2) in paragraph (4)— 

16 (A) by inserting ‘‘(including attorneys’ fees 

17 necessarily and reasonably incurred for rep18 resentation of the victim, which shall not in19 clude payment of salaries of Government attor20 neys)’’ after ‘‘other expenses related to partici21 pation in the investigation or prosecution of the 

22 offense’’; and 

23 (B) by striking ‘‘and’’ at the end; 

24 (3) in paragraph (5), by striking the period and 

25 inserting ‘‘; and’’; and 
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1 (4) by adding at the end the following: 

2 ‘‘(6) in any case, reimburse the victim for rea3 sonably incurred attorneys’ fees that are necessary 

4 and foreseeable results of the defendant’s crime 

5 (which shall not include payment of salaries of Gov6 ernment attorneys).’’. 

7 (b) MANDATORY RESTITUTION TO VICTIMS OF CER8 TAIN CRIMES.—Section 3663A(b) of title 18, United 

9 States Code, is amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (A), by striking ‘‘or’’ 

12 at the end; 

13 (B) by redesignating subparagraph (B) as 

14 subparagraph (C); 

15 (C) by inserting after subparagraph (A) 

16 the following: 

17 ‘‘(B) reimburse the victim for attorneys’ 

18 fees reasonably incurred in an attempt to re19 trieve damaged, lost, or destroyed property 

20 (which shall not include payment of salaries of 

21 Government attorneys); or’’; and 

22 (D) in subparagraph (C), as so redesig23 nated by this subsection, by inserting ‘‘or (B)’’ 

24 after ‘‘subparagraph (A)’’; 
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1 (2) in paragraph (3), by striking ‘‘and’’ at the 

2 end; 

3 (3) in paragraph (4)— 

4 (A) by inserting ‘‘(including attorneys’ fees 

5 necessarily and reasonably incurred for rep6 resentation of the victim, which shall not in7 clude payment of salaries of Government attor8 neys)’’ after ‘‘other expenses related to partici9 pation in the investigation or prosecution of the 

10 offense’’; and 

11 (B) by striking the period and inserting ‘‘; 

12 and’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(5) in any case, reimburse the victim for rea15 sonably incurred attorneys’ fees that are necessary 

16 and foreseeable results of the defendant’s crime 

17 (which shall not include payment of salaries of Gov18 ernment attorneys).’’. 

19 TITLE II—PRESERVATION OF 

20 ASSETS FOR RESTITUTION 

21 SEC. 201. SHORT TITLE. 

22 This title may be cited as the ‘‘Preservation of Assets 

23 for Restitution Act of 2006’’. 
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1 SEC. 202. AMENDMENTS TO THE MANDATORY VICTIMS RES2 TITUTION ACT. 

3 (a) IN GENERAL.—Chapter 232 of title 18, United 

4 States Code, is amended by inserting after section 3664 

5 the following: 

6 ‘‘§ 3664A. Preservation of assets for restitution 

7 ‘‘(a) PROTECTIVE ORDERS TO PRESERVE ASSETS.— 

8 ‘‘(1) IN GENERAL.—Upon the Government’s ex 

9 parte application and a finding of probable cause to 

10 believe that a defendant, if convicted, will be ordered 

11 to satisfy an order of restitution for an offense pun12 ishable by imprisonment for more than 1 year, the 

13 court— 

14 ‘‘(A) shall— 

15 ‘‘(i) enter a restraining order or in16 junction; 

17 ‘‘(ii) require the execution of a satis18 factory performance bond; or 

19 ‘‘(iii) take any other action necessary 

20 to preserve the availability of any property 

21 traceable to the commission of the offense 

22 charged; and 

23 ‘‘(B) if it determines that it is in the inter24 ests of justice to do so, shall issue any order 

25 necessary to preserve any nonexempt asset (as 

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1 defined in section 3613) of the defendant that 

2 may be used to satisfy such restitution order. 

3 ‘‘(2) PROCEDURES.—Applications and orders 

4 issued under paragraph (1) shall be governed by the 

5 procedures under section 413(e) of the Controlled 

6 Substances Act (21 U.S.C. 853(e)) and in this sec7 tion. 

8 ‘‘(3) MONETARY INSTRUMENTS.—If the prop9 erty in question is a monetary instrument (as de10 fined in section 1956(c)(5)) or funds in electronic 

11 form, the protective order issued under paragraph 

12 (1) may take the form of a warrant authorizing the 

13 Government to seize the property and to deposit it 

14 into an interest-bearing account in the Registry of 

15 the Court in the district in which the warrant was 

16 issued, or into another such account maintained by 

17 a substitute property custodian, as the court may di18 rect. 

19 ‘‘(4) POST-INDICTMENT.—A post-indictment 

20 protective order entered under paragraph (1) shall 

21 remain in effect through the conclusion of the crimi22 nal case, including sentencing and any post-sen23 tencing proceedings, until seizure or other disposi24 tion of the subject property, unless modified by the 
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1 court upon a motion by the Government or under 

2 subsection (b) or (c). 

3 ‘‘(b) DEFENDANT’S RIGHT TO A HEARING.— 

4 ‘‘(1) IN GENERAL.—In the case of a 

5 preindictment protective order entered under sub6 section (a)(1), the defendant’s right to a post-re7 straint hearing shall be governed by paragraphs 

8 (1)(B) and (2) of section 413(e) of the Controlled 

9 Substances Act (21 U.S.C. 853(e)). 

10 ‘‘(2) POST-INDICTMENT.—In the case of a post11 indictment protective order entered under subsection 

12 (a)(1), the defendant shall have a right to a post-re13 straint hearing regarding the continuation or modi14 fication of the order if the defendant— 

15 ‘‘(A) establishes by a preponderance of the 

16 evidence that there are no assets, other than 

17 the restrained property, available to the defend18 ant to retain counsel in the criminal case or to 

19 provide for a reasonable living allowance for the 

20 necessary expenses of the defendant and the de21 fendant’s lawful dependents; and 

22 ‘‘(B) makes a prima facie showing that 

23 there is bona fide reason to believe that the 

24 court’s ex parte finding of probable cause under 

25 subsection (a)(1) was in error. 
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1 ‘‘(3) HEARING.— 

2 ‘‘(A) IN GENERAL.—If the court deter3 mines that the defendant has satisfied the re4 quirements of paragraph (2), it may hold a 

5 hearing to determine whether there is probable 

6 cause to believe that the defendant, if convicted, 

7 will be ordered to satisfy an order of restitution 

8 for an offense punishable by imprisonment for 

9 more than 1 year, and that the seized or re10 strained property may be needed to satisfy such 

11 restitution order. 

12 ‘‘(B) PROBABLE CAUSE.—If the court 

13 finds probable cause under subparagraph (A), 

14 the protective order shall remain in effect. 

15 ‘‘(C) NO PROBABLE CAUSE.—If the court 

16 finds under subparagraph (A) that no probable 

17 cause exists as to some or all of the property, 

18 or determines that more property has been 

19 seized and restrained than may be needed to 

20 satisfy a restitution order, it shall modify the 

21 protective order to the extent necessary to re22 lease the property that should not have been re23 strained. 

24 ‘‘(4) REBUTTAL.—If the court conducts an evi25 dentiary hearing under paragraph (3), the court 
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1 shall afford the Government an opportunity to 

2 present rebuttal evidence and to cross-examine any 

3 witness that the defendant may present. 

4 ‘‘(5) PRETRIAL HEARING.—In any pretrial 

5 hearing on a protective order issued under sub6 section (a)(1), the court may not entertain chal7 lenges to the grand jury’s finding of probable cause 

8 regarding the criminal offense giving rise to a poten9 tial restitution order. The court shall ensure that 

10 such hearings are not used to obtain disclosure of 

11 evidence or the identities of witnesses earlier than 

12 required by the Federal Rules of Criminal Procedure 

13 or other applicable law. 

14 ‘‘(c) THIRD PARTY’S RIGHT TO POST-RESTRAINT

15 HEARING.— 

16 ‘‘(1) IN GENERAL.—A person other than the 

17 defendant who has a legal interest in property af18 fected by a protective order issued under subsection 

19 (a)(1) may move to modify the order on the grounds 

20 that— 

21 ‘‘(A) the order causes an immediate and ir22 reparable hardship to the moving party; and 

23 ‘‘(B) less intrusive means exist to preserve 

24 the property for the purpose of restitution. 
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1 ‘‘(2) MODIFICATION.—If, after considering any 

2 rebuttal evidence offered by the Government, the 

3 court determines that the moving party has made 

4 the showings required under paragraph (1), the 

5 court shall modify the order to mitigate the hard6 ship, to the extent that it is possible to do so while 

7 preserving the asset for restitution. 

8 ‘‘(3) INTERVENTION.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B) or paragraph (1), a person 

11 other than a defendant has no right to inter12 vene in the criminal case to object to the entry 

13 of any order issued under this section or other14 wise to object to an order directing a defendant 

15 to pay restitution. 

16 ‘‘(B) EXCEPTION.—If, at the conclusion of 

17 the criminal case, the court orders the defend18 ant to use particular assets to satisfy an order 

19 of restitution (including assets that have been 

20 seized or restrained pursuant to this section) 

21 the court shall give persons other than the de22 fendant the opportunity to object to the order 

23 on the ground that the property belonged in 

24 whole or in part to the third party and not to 

25 the defendant, as provided in section 413(n) of 
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1 the Controlled Substances Act (21 U.S.C. 

2 853(n)). 

3 ‘‘(d) GEOGRAPHIC SCOPE OF ORDER.— 

4 ‘‘(1) IN GENERAL.—A district court of the 

5 United States shall have jurisdiction to enter an 

6 order under this section without regard to the loca7 tion of the property subject to the order. 

8 ‘‘(2) OUTSIDE THE UNITED STATES.—If the 

9 property subject to an order issued under this sec10 tion is located outside of the United States, the 

11 order may be transmitted to the central authority of 

12 any foreign state for service in accordance with any 

13 treaty or other international agreement. 

14 ‘‘(e) NO EFFECT ON OTHER GOVERNMENT AC15 TION.—Nothing in this section shall be construed to pre16 clude the Government from seeking the seizure, restraint, 

17 or forfeiture of assets under the asset forfeiture laws of 

18 the United States. 

19 ‘‘(f) LIMITATION ON RIGHTS CONFERRED.—Nothing 

20 in this section shall be construed to create any enforceable 

21 right to have the Government seek the seizure or restraint 

22 of property for restitution. 

23 ‘‘(g) RECEIVERS.— 

24 ‘‘(1) IN GENERAL.—A court issuing an order 

25 under this section may appoint a receiver under sec-
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1 tion 1956(b)(4) to collect, marshal, and take cus2 tody, control, and possession of all assets of the de3 fendant, wherever located, that have been restrained 

4 in accordance with this section. 

5 ‘‘(2) DISTRIBUTION OF PROPERTY.—The re6 ceiver shall have the power to distribute property in 

7 its control to each victim identified in an order of 

8 restitution at such time, and in such manner, as the 

9 court may authorize.’’. 

10 (b) CONFORMING AMENDMENT.—The section anal11 ysis for chapter 232 of title 18, United States Code, is 

12 amended by inserting after the item relating to section 

13 3664 the following: 

‘‘Sec. 3664A. Preservation of assets for restitution.’’. 

14 (c) ENFORCEMENT.—Section 3202(b) of title 28, 

15 United States Code, is amended— 

16 (1) by inserting after ‘‘a statement that dif17 ferent property may be so exempted with respect to 

18 the State in which the debtor resides.]’ ’’ the fol19 lowing: 

20 ‘‘ ‘[In a criminal action, the statement summarizing 

21 the types of property that may be exempt shall list only 

22 those types of property that may be exempt under section 

23 3613 of title 18.]’ ’’; and 

24 (2) by inserting after ‘‘you want the proceeding 

25 to be transferred.’ ’’ the following: 
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1 ‘‘ ‘If this notice is issued in conjunction with a crimi2 nal case, the district court where the criminal action is 

3 pending may deny your request for a transfer of this pro4 ceeding.’ ’’. 

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

6 STATUTE. 

7 Section 1345(a) of title 18, United States Code, is 

8 amended— 

9 (1) in paragraph (1)— 

10 (A) in subparagraph (B), by striking ‘‘or’’ 

11 at the end; and 

12 (B) by inserting after subparagraph (C) 

13 the following: 

14 ‘‘(D) committing or about to commit a 

15 Federal offense that may result in an order of 

16 restitution;’’; and 

17 (2) in paragraph (2)— 

18 (A) by striking ‘‘a banking violation’’ and 

19 all that follows through ‘‘healthcare offense’’ 

20 and inserting ‘‘a violation or offense identified 

21 in paragraph (1)’’; and 

22 (B) by inserting ‘‘or offense’’ after ‘‘trace23 able to such violation’’. 
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1 SEC. 204. AMENDMENTS TO THE FEDERAL DEBT COLLEC2 TION PROCEDURES ACT. 

3 (a) PROCESS.—Section 3004(b)(2) of title 28, United 

4 States Code, is amended by inserting after ‘‘in which the 

5 debtor resides.’’ the following: ‘‘In a criminal case, the dis6 trict court for the district in which the defendant was sen7 tenced may deny the request.’’. 

8 (b) PREJUDGMENT REMEDIES.—Section 3101 of 

9 title 28, United States Code, is amended— 

10 (1) in subsection (a)(1) by inserting after ‘‘the 

11 filing of a civil action on a claim for a debt’’ the fol12 lowing: ‘‘or in any criminal action where the court 

13 may enter an order of restitution’’; and 

14 (2) in subsection (d)— 

15 (A) by inserting after ‘‘The Government 

16 wants to make sure [name of debtor] will pay 

17 if the court determines that this money is 

18 owed.’ ’’ the following: 

19 ‘‘ ‘In a criminal action, use the following opening 

20 paragraph: You are hereby notified that this [property] 

21 is being taken by the United States Government [the Gov22 ernment], which says that [name of debtor], if convicted, 

23 may owe as restitution $ [amount]. The Government says 

24 it must take this property at this time because [recite the 

25 pertinent ground or grounds from section 3101(b)]. The 
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1 Government wants to make sure [name of debtor] will pay 

2 if the court determines that restitution is owed.’ ’’; 

3 (B) by inserting after ‘‘a statement that 

4 different property may be so exempted with re5 spect to the State in which the debtor re6 sides.]’ ’’ the following: 

7 ‘‘ ‘[In a criminal action, the statement summarizing 

8 the types of property that may be exempt shall list only 

9 those types of property that may be exempt under section 

10 3613 of title 18.]’ ’’; and 

11 (C) by inserting after ‘‘You must also send 

12 a copy of your request to the Government at 

13 [address], so the Government will know you 

14 want the proceeding to be transferred.’ ’’ the 

15 following: 

16 ‘‘ ‘If this Notice is issued in conjunction with a crimi17 nal case, the district court where the criminal action is 

18 pending may deny your request for a transfer of this pro19 ceeding.’ ’’. 

20 TITLE III—ENVIRONMENTAL 

21 CRIMES RESTITUTION 

22 SEC. 301. SHORT TITLE. 

23 This title may be cited as the ‘‘Environmental Crimes 

24 Restitution Act of 2006’’. 
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1 SEC. 302. IMMEDIATE AVAILABILITY OF RESTITUTION TO 

2 VICTIMS OF ENVIRONMENTAL CRIMES. 

3 Section 3663(a)(1)(A) of title 18, United States 

4 Code, is amended by striking ‘‘or section 5124, 46312, 

5 46502, or 46504 of title 49,’’ and inserting ‘‘paragraph 

6 (2) or (3) of section 309(c) of the Federal Water Pollution 

7 Control Act (33 U.S.C. 1319(c)), section 105(b) of the 

8 Marine Protection, Research, and Sanctuaries Act of 1972 

9 (33 U.S.C. 1415(b)), section 9(a) of the Act to Prevent 

10 Pollution from Ships (33 U.S.C. 1908(a)), section 1423 

11 or subsection (a) or (b) of section 1432 of the Safe Drink12 ing Water Act (42 U.S.C. 300h–2 and 300i–l), subsection 

13 (d) or (e) of section 3008 of the Solid Waste Disposal Act 

14 (42 U.S.C. 6928), paragraph (1) or (5) of section 113(c) 

15 of the Clear Air Act (42 U.S.C. 7413(c)), or section 

16 46312, 46502, or 46504 of title 49,’’. 

Æ