any substantial amount as restitution, the court may di-
rect 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 out-
standing 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 encour-
ages sentenced inmates to meet their legitimate financial 
obligations. 
‘‘(10)(A) The ability of the Attorney General to en-
force restitution obligations ordered under paragraph (2) 
shall not be limited by appeal, or the possibility of a cor-
rection, modification, amendment, adjustment, or reim-
position of a sentence, unless the court expressly so orders 
for good cause shown and stated on the record. 
‘‘(B) Absent exceptional circumstances, as deter-
mined 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 res-
titution that is due; 
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‘‘(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 de-
fendant to prevent the defendant from transferring 
or dissipating assets. 
‘‘(C) No order described in subparagraph (B) shall 
restrain the ability of the United States to continue its 
investigation of the defendant’s financial circumstances, 
conduct discovery, record a lien, or seek any injunction 
or other relief from the court.’’. 
SEC. 103. IMPOSITION OF CRIMINAL FINES AND PAYMENT 
DIRECTIONS. 
Subsection 3572(d) of title 18, United States Code, 
is amended to read as follows: 
‘‘(d) PAYMENT.— 
‘‘(1) IN GENERAL.—The court shall order that 
any fine or assessment imposed be due in full imme-
diately 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 
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any action that conceals or dissipates the de-
fendant’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 eco-
nomic circumstances that might affect the de-
fendant’s ability to pay restitution. 
‘‘(3) GOOD FAITH.—Compliance with all pay-
ment 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.—Notwith-
standing 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 de-
fendant 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 restitu-
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tion obligation under section 3613 of this title, 
the court may— 
‘‘(i) impose special payment directions 
upon the defendant or modify such direc-
tions; or 
‘‘(ii) direct the defendant to make a 
single, lump sum payment, or partial pay-
ments at specified intervals. 
‘‘(B) PERIOD
OF
TIME.—The period of 
time over which scheduled payments are estab-
lished for purposes of this paragraph shall be 
the shortest time in which full payment can rea-
sonably be made. 
‘‘(C) REPATRIATION.—The court may di-
rect the defendant to repatriate any property 
that constitutes proceeds of the offense of con-
viction, or property traceable to such proceeds. 
‘‘(D) SURRENDER.—In ordering restitu-
tion, the court may direct the defendant to sur-
render 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 
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other than the defendant may have a legal in-
terest— 
‘‘(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 deter-
mine such third party interests in accord-
ance with the procedures specified in sec-
tion 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 com-
mence an action against the United States con-
cerning the validity of the party’s alleged inter-
est in the property subject to reparation or sur-
render. 
‘‘(G) PRESERVATION OF PROPERTY.—The 
court may enter a restraining order or injunc-
tion, require the execution of a satisfactory per-
formance bond, or take any other action to pre-
serve the availability of property for payment of 
the fine or assessment. 
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‘‘(6) CONSIDERATIONS.—In determining wheth-
er to impose or modify special payment directions, 
the court may consider— 
‘‘(A) the need to satisfy the fine or assess-
ment; 
‘‘(B) the financial ability of the defendant; 
‘‘(C) the economic circumstances of the de-
fendant, 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 in-
come of the defendant; 
‘‘(E) any financial obligations of the de-
fendant, 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 re-
sources from any source, including inheritance, set-
tlement, 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 
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may direct the defendant to make nominal payments 
of not less than $100 per year toward the fine or as-
sessment imposed. 
‘‘(9) INMATE FINANCIAL RESPONSIBILITY PRO-
GRAM.—Court-imposed special payment directions 
shall not limit the ability of the Attorney General to 
maintain an Inmate Financial Responsibility Pro-
gram that encourages sentenced inmates to meet 
their legitimate financial obligations. 
‘‘(10) ENFORCEMENT.— 
‘‘(A) IN GENERAL.—The ability of the At-
torney General to enforce the fines and assess-
ment ordered under paragraph (1) shall not be 
limited by an appeal, or the possibility of a cor-
rection, 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 assess-
ment shall— 
‘‘(i) require the defendant to deposit, 
in the registry of the district court, any 
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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 defend-
ant from transferring or dissipating assets. 
‘‘(C) OTHER
ACTIVITIES.—No order de-
scribed in subparagraph (B) shall restrain the 
ability of the United States to continue its in-
vestigation of the defendant’s financial cir-
cumstances, conduct discovery, record a lien, or 
seek any injunction or other relief from the 
court. 
‘‘(11) SPECIAL
ASSESSMENTS.—The require-
ments of this subsection shall apply to the imposi-
tion and enforcement of any assessment imposed 
under section 3013 of this title.’’. 
SEC. 104. COLLECTION OF UNPAID FINES OR RESTITUTION. 
Section 3612(b) of title 18, United States Code, is 
amended to read as follows: 
‘‘(b) INFORMATION TO BE INCLUDED IN JUDGMENT; 
JUDGMENT TO BE TRANSMITTED TO THE ATTORNEY 
GENERAL.— 
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‘‘(1) IN GENERAL.—A judgment or order im-
posing, 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 res-
titution order and the amount that is due and 
unpaid; 
‘‘(D) payment orders and directions im-
posed 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 de-
scribed in paragraph (1), the court shall transmit a 
certified copy of the judgment or order to the Attor-
ney General.’’. 
SEC. 105. ATTORNEY’S FEES FOR VICTIMS. 
(a) ORDER OF RESTITUTION.—Section 3663(b) of 
title 18, United States Code, is amended— 
(1) in paragraph (1)— 
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(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 re-
trieve damaged, lost, or destroyed property 
(which shall not include payment of salaries of 
Government attorneys); or’’; and 
(D) in subparagraph (C), as so redesig-
nated 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 rep-
resentation of the victim, which shall not in-
clude payment of salaries of Government attor-
neys)’’ after ‘‘other expenses related to partici-
pation 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 
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(4) by adding at the end the following: 
‘‘(6) in any case, reimburse the victim for rea-
sonably incurred attorneys’ fees that are necessary 
and foreseeable results of the defendant’s crime 
(which shall not include payment of salaries of Gov-
ernment attorneys).’’. 
(b) MANDATORY RESTITUTION TO VICTIMS OF CER-
TAIN 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 re-
trieve damaged, lost, or destroyed property 
(which shall not include payment of salaries of 
Government attorneys); or’’; and 
(D) in subparagraph (C), as so redesig-
nated by this subsection, by inserting ‘‘or (B)’’ 
after ‘‘subparagraph (A)’’; 
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(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 rep-
resentation of the victim, which shall not in-
clude payment of salaries of Government attor-
neys)’’ after ‘‘other expenses related to partici-
pation 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 rea-
sonably incurred attorneys’ fees that are necessary 
and foreseeable results of the defendant’s crime 
(which shall not include payment of salaries of Gov-
ernment attorneys).’’. 
TITLE II—PRESERVATION OF 
ASSETS FOR RESTITUTION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Preservation of Assets 
for Restitution Act of 2007’’. 
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SEC. 202. 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.— 
‘‘(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 pun-
ishable 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 
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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 sec-
tion. 
‘‘(3) 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. 
‘‘(4) 
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 
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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 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. 
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‘‘(3) HEARING.— 
‘‘(A) IN
GENERAL.—If the court deter-
mines that the defendant has satisfied the re-
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 
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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 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. 
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‘‘(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 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 
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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 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-
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tion 1956(b)(4) to collect, marshal, and take cus-
tody, control, and possession of all assets of the de-
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 section anal-
ysis 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. 203. AMENDMENTS TO THE ANTI-FRAUD INJUNCTION 
STATUTE. 
Section 1345(a) of title 18, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘or’’ 
at the end; and 
(B) by inserting after subparagraph (C) 
the following: 
‘‘(D) committing or about to commit a 
Federal offense that may result in an order of 
restitution;’’; and 
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(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 ‘‘trace-
able to such violation’’. 
SEC. 204. 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 re-
sides.]’ ’’ 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 crimi-
nal case, the district court where the criminal action is 
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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.’ ’’. 
TITLE III—ENVIRONMENTAL 
CRIMES RESTITUTION 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Environmental Crimes 
Restitution Act of 2007’’. 
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SEC. 302. IMMEDIATE AVAILABILITY OF RESTITUTION TO 
VICTIMS OF ENVIRONMENTAL CRIMES. 
Section 3663(a)(1)(A) of title 18, United States 
Code, is amended by striking ‘‘or section 5124, 46312, 
46502, or 46504 of title 49,’’ and inserting ‘‘paragraph 
(2) or (3) of section 309(c) of the Federal Water Pollution 
Control Act (33 U.S.C. 1319(c)), section 105(b) of the 
Marine Protection, Research, and Sanctuaries Act of 1972 
(33 U.S.C. 1415(b)), section 9(a) of the Act to Prevent 
Pollution from Ships (33 U.S.C. 1908(a)), section 1423 
or subsection (a) or (b) of section 1432 of the Safe Drink-
ing 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,’’. 
Æ 
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