144 
a degree that the need to provide restitution to that 
victim is outweighed by the burden on the sen-
tencing process. 
‘‘§ 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, infor-
mation sufficient for the court to fashion a restitu-
tion 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 dis-
close to the defendant, the attorney for the Government, 
and, upon request, potential recipients of restitution, all 
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portions of the presentence or other report pertaining to 
the matters described in subsection (a). 
‘‘(c) INFORMATION FROM ATTORNEY FOR THE GOV-
ERNMENT.—The attorney for the Government shall pro-
vide 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 sub-
section (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 sub-
mit information to the probation officer con-
cerning 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 
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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 de-
pendents, and such other information that the court re-
quires relating to such other factors as the court deems 
appropriate. 
‘‘(f) ADDITIONAL
DOCUMENTATION
OR
TESTI-
MONY.—After reviewing the report of the probation offi-
cer, the court may require additional documentation or 
hear testimony. The privacy of any records filed, or testi-
mony 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 vic-
tim’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 
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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 MAS-
TER.—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 rec-
ommendations as to disposition, subject to a de novo de-
termination 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 bur-
den 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 dem-
onstrating 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. 
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‘‘(j) ORDER OF PAYMENT.— 
‘‘(1) Upon determination of the amount of res-
titution owed to each victim, the court shall order 
that the full amount of restitution is due and pay-
able 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 install-
ments according to a schedule. The length of time 
over which scheduled payments are established shall 
be the shortest time in which full payment reason-
ably can be made and based on— 
‘‘(A) the financial resources and other as-
sets 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 de-
fendant; 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. 
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‘‘(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 not-
withstanding the fact that— 
‘‘(1) such a sentence can subsequently be— 
‘‘(A) corrected under Rule 35 of the Fed-
eral 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 ter-
minate a term of supervised release under section 3583(e) 
before the order to pay restitution has been completely 
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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 restitu-
tion. Such determination is only for the purposes of this 
subsection and does not affect the obligation to pay res-
titution 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 pay-
ment of restitution. 
‘‘(n) EFFECT
OF INSURANCE
AND OTHER COM-
PENSATION.— 
‘‘(1) INSURANCE.—In no case shall the fact 
that a victim receives or is entitled to receive com-
pensation with respect to a loss from insurance or 
any other source be considered in determining the 
amount of restitution. If a victim receives compensa-
tion 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. 
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‘‘(2) OTHER
COMPENSATION.—Any amount 
paid to a victim under an order of restitution shall 
be reduced by any amount later recovered as com-
pensatory damages for the same loss by the victim 
in— 
‘‘(A) any Federal civil proceeding; and 
‘‘(B) any State civil proceeding, to the ex-
tent provided by the law of the State. 
‘‘(o) DETAILS OF PAYMENTS.— 
‘‘(1) MINIMUM
PAYMENT
REQUIRED.—A res-
titution order may direct the defendant to make 
nominal periodic payments if the court finds on the 
record that the economic circumstances of the de-
fendant 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 fore-
seeable future under any reasonable schedule of pay-
ments. 
‘‘(2) IN-KIND PAYMENTS.—An in-kind payment 
may be in the form of return of property, replace-
ment 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 MUL-
TIPLE VICTIMS.—If the court finds that more than 1 vic-
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tim has sustained a loss requiring restitution by a defend-
ant, the court may provide for a different payment sched-
ule 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 re-
ceives 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 defend-
ant’s economic circumstances that might affect the de-
fendant’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 cir-
cumstances. Upon receipt of the notification, the court 
may, on its own motion, or the motion of any party, in-
cluding the victim, adjust the payment schedule, or require 
immediate payment in full, as the interests of justice re-
quire. 
‘‘(r) NAME AND ADDRESS CHANGES.—It is the re-
sponsibility 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 
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153 
or mailing or residence address, a person owing restitution 
shall promptly report the change to the court. The con-
fidentiality 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 pro-
vided for in subchapter C of chapter 227 and sub-
chapter 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 cer-
tifying that a judgment has been entered in favor of 
such victim in the amount specified in the restitution 
order. Upon registering, recording, docketing, or in-
dexing 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 juris-
diction in that State. 
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‘‘(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 per-
son obligated to provide restitution, or pay a fine, receives 
additional resources from any source, including inherit-
ance, settlement, or other judgment, such person shall be 
required to apply the value of such resources to any res-
titution or fine still owed. 
‘‘(u) RIGHTS OF VICTIMS.— 
‘‘(1) NOT REQUIRED TO PARTICIPATE.—No vic-
tim 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 con-
strued 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. 
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‘‘(w) COLLATERAL ESTOPPEL.—A conviction of a de-
fendant 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. 502. 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. 503. 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 res-
titution. The court shall extend probation for such a de-
fendant 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 
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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. 504. 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 
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‘‘order the defendant to reimburse the United 
States, the State or local government con-
cerned, or both the United States and the State 
or local government concerned for the costs in-
curred 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 subpara-
graph (D); and 
(3) by striking the semicolon at the end of sub-
paragraph (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, 
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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. 505. 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 jus-
tice 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 trans-
feree of that defendant) to forfeit any profits made pos-
sible by the offense.’’. 
SEC. 506. AMENDMENTS TO THE MANDATORY VICTIMS RES-
TITUTION ACT. 
(a) IN GENERAL.—Chapter 232 of title 18, United 
States Code, is amended by inserting after section 3664 
the following: 
‘‘§ 3664A. Preservation of assets for restitution 
‘‘(a) PROTECTIVE ORDERS TO PRESERVE ASSETS.— 
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‘‘(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 in-
junction; 
‘‘(ii) require the execution of a satis-
factory 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 inter-
ests 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 para-
graph (1) shall not limit the amount of restitution 
the court may impose at the time of sentencing. 
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‘‘(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 sec-
tion. 
‘‘(4) MONETARY INSTRUMENTS.—If the prop-
erty in question is a monetary instrument (as de-
fined 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 di-
rect. 
‘‘(5) 
POST-INDICTMENT.—A 
post-indictment 
protective order entered under paragraph (1) shall 
remain in effect through the conclusion of the crimi-
nal case, including sentencing and any post-sen-
tencing proceedings, until seizure or other disposi-
tion 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.— 
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‘‘(1) 
IN
GENERAL.—In 
the 
case 
of 
a 
preindictment protective order entered under sub-
section (a)(1), the defendant’s right to a post-re-
straint 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-re-
straint hearing regarding the continuation or modi-
fication 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 defend-
ant to retain counsel in the criminal case or to 
provide for a reasonable living allowance for the 
necessary expenses of the defendant and the de-
fendant’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 deter-
mines that the defendant has satisfied the re-
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162 
quirements 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 re-
strained 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 re-
lease the property that should not have been re-
strained. 
‘‘(4) REBUTTAL.—If the court conducts an evi-
dentiary 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. 
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‘‘(5) PRETRIAL
HEARING.—In any pretrial 
hearing on a protective order issued under sub-
section (a)(1), the court may not entertain chal-
lenges to the grand jury’s finding of probable cause 
regarding the criminal offense giving rise to a poten-
tial 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 af-
fected 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 ir-
reparable 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 
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164 
court shall modify the order to mitigate the hard-
ship, 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 inter-
vene in the criminal case to object to the entry 
of any order issued under this section or other-
wise 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 defend-
ant 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 de-
fendant 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.— 
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‘‘(1) IN
GENERAL.—A district court of the 
United States shall have jurisdiction to enter an 
order under this section without regard to the loca-
tion of the property subject to the order. 
‘‘(2) OUTSIDE
THE
UNITED
STATES.—If the 
property subject to an order issued under this sec-
tion 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 AC-
TION.—Nothing in this section shall be construed to pre-
clude 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 sec-
tion 1956(b)(4) to collect, marshal, and take cus-
tody, control, and possession of all assets of the de-
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fendant, wherever located, that have been restrained 
in accordance with this section. 
‘‘(2) DISTRIBUTION
OF
PROPERTY.—The re-
ceiver 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 sec-
tions at the beginning chapter 232 of title 18, United 
States Code, is amended by inserting after the item relat-
ing to section 3664 the following: 
‘‘Sec. 3664A. Preservation of assets for restitution.’’. 
SEC. 507. 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)— 
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(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 ‘‘trace-
able to such violation’’. 
SEC. 508. AMENDMENTS TO THE FEDERAL DEBT COLLEC-
TION 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 dis-
trict court for the district in which the defendant was sen-
tenced 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 fol-
lowing: ‘‘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: 
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‘‘ ‘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 Gov-
ernment], 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 re-
spect 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 fol-
lowing: 
‘‘ ‘If this Notice is issued in conjunction with a crimi-
nal case, the district court where the criminal action is 
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PWALKER on PROD1PC71 with BILLS
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pending may deny your request for a transfer of this pro-
ceeding.’’. 
(c) ENFORCEMENT.—Section 3202(b) of title 28, 
United States Code, is amended— 
(1) by inserting after ‘‘a statement that dif-
ferent property may be so exempted with respect to 
the State in which the debtor resides.]’’ the fol-
lowing: 
‘‘ ‘[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 crimi-
nal case, the district court where the criminal action is 
pending may deny your request for a transfer of this pro-
ceeding.’’. 
SEC. 509. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Attor-
ney General for enhancing the enforcement and litigation 
of criminal debts owed to victims of Federal criminal of-
fenses $20 million for each of the fiscal years 2008 
through 2012. 
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TITLE VI—COUNTERTERRORISM 
AND NATIONAL SECURITY 
SEC. 601. PROVIDING MATERIAL SUPPORT TO FACILITATE, 
REWARD, OR ENCOURAGE ACTS OF TER-
RORISM. 
(a) IN GENERAL.—Chapter 113B of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 2339E. Providing material support to facilitate, re-
ward, or encourage acts of terrorism 
‘‘(a) PROHIBITION.—Whoever, in a circumstance pro-
vided in subsection (b) provides, or attempts or conspires 
or agrees to provide, material support or resources to the 
perpetrator of an act of international terrorism, to a fam-
ily member of such perpetrator, or to any other person, 
with the intent to facilitate, reward, or encourage that act 
or other acts of international terrorism, shall be fined 
under this title or imprisoned not more than 15 years, or 
both, and, if death results, shall be imprisoned for any 
term of years or for life. 
‘‘(b) JURISDICTIONAL BASES.—A circumstance re-
ferred to in subsection (a) is— 
‘‘(1) the offense occurs in or affects interstate 
or foreign commerce; 
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‘‘(2) the offense involves the use of the mails or 
a facility of interstate or foreign commerce; 
‘‘(3) an offender intends to facilitate, reward, or 
encourage an act of international terrorism that af-
fects interstate or foreign commerce or would have 
affected interstate or foreign commerce had it been 
consummated; 
‘‘(4) an offender intends to facilitate, reward, or 
encourage an act of international terrorism that vio-
lates the criminal laws of the United States; 
‘‘(5) an offender intends to facilitate, reward, or 
encourage an act of international terrorism that is 
designed to influence the policy or affect the conduct 
of the United States Government; 
‘‘(6) an offender intends to facilitate, reward, or 
encourage an act of international terrorism that oc-
curs in part within the United States and is de-
signed to influence the policy or affect the conduct 
of a foreign government; 
‘‘(7) an offender intends to facilitate, reward, or 
encourage an act of international terrorism that 
causes or is designed to cause death or serious bod-
ily injury to a national of the United States while 
that national is outside the United States, or sub-
stantial damage to the property of a legal entity or-
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ganized under the laws of the United States (includ-
ing any of its States, districts, commonwealths, ter-
ritories, or possessions) while that property is out-
side of the United States; 
‘‘(8) the offense occurs in whole or in part with-
in the United States, and an offender intends to fa-
cilitate, reward, or encourage an act of international 
terrorism that is designed to influence the policy or 
affect the conduct of a foreign government; or 
‘‘(9) the offense occurs in whole or in part out-
side of the United States, and an offender is a na-
tional of the United States, a stateless person whose 
habitual residence is in the United States, or a legal 
entity organized under the laws of the United States 
(including any of its States, districts, common-
wealths, territories, or possessions). 
‘‘(c) DEFINITIONS.—For purposes of this section: 
‘‘(1) the term ‘material support or resources’ 
has the same meaning as in section 2339A(b) of this 
title; 
‘‘(2) the term ‘the perpetrator of an act’ in-
cludes— 
‘‘(A) any person who commits the act; 
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‘‘(B) any person who aids, abets, counsels, 
commands, induces, or procures its commission; 
and 
‘‘(C) any person who attempts, plans, or 
conspires to commit the act; 
‘‘(3) the term ‘international terrorism’ has the 
same meaning as in section 2331 of this title; 
‘‘(4) the term ‘facility of interstate or foreign 
commerce’ has the same meaning as in section 
1958(b)(2) of this title; 
‘‘(5) the term ‘serious bodily injury’ has the 
same meaning as in section 1365 of this title; and 
‘‘(6) the term ‘national of the United States’ 
has the same meaning as in section 101(a)(22) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(22)).’’. 
(b) CHAPTER ANALYSIS.—The chapter analysis for 
chapter 113B of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘2339D. Receiving military-type training from a foreign terrorist organization. 
‘‘2339E. Providing material support to facilitate, reward, or encourage acts of 
terrorism.’’. 
(c) DEFINITIONS.—Section 2332b(g)(5)(B)(i) of title 
18, United States Code is amended by striking all fol-
lowing ‘‘2339C’’ and inserting the following: ‘‘(relating to 
financing of terrorism), 2339E (relating to providing ma-
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