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Member of Congress (or any employee of a Member or com-
mittee of Congress), unless the specific project has been dis-
closed in accordance with the rules of the Senate or House 
of Representatives, as applicable. 
SEC. 537. None of the funds made available under this 
Act may be used to purchase first class or premium airline 
travel that would not be consistent with sections 301–10.123 
and 301–10.124 of title 41 of the Code of Federal Regula-
tions. 
SEC. 538. Section 2301 of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007 (47 
U.S.C. 901 note) is amended by striking ‘‘the ‘Improving 
Emergency Communications Act of 2007’.’’ and inserting 
‘‘the ‘911 Modernization Act’.’’. 
SEC. 539. Section 504(a)(11)(E) of the Omnibus Con-
solidated Rescissions and Appropriations Act of 1996 (Pub-
lic Law 104–134; 110 Stat. 1321–55) is amended by insert-
ing before ‘‘an alien’’ the following: ‘‘a nonimmigrant work-
er admitted to, or permitted to remain in, the United States 
under section 101(a)(15)(H)(ii)(b) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) for for-
estry labor or’’. 
SEC. 540. SMALL AND SEASONAL BUSINESSES. (a) IN 
GENERAL.—Section 214(g)(9)(A) of the Immigration and 
Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended by 
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striking ‘‘an alien who has already been counted toward 
the numerical limitation of paragraph (1)(B) during fiscal 
year 2004, 2005, or 2006 shall not again be counted toward 
such limitation during fiscal year 2007.’’ and inserting ‘‘an 
alien who has been present in the United States as an H– 
2B nonimmigrant during any 1 of the 3 fiscal years imme-
diately preceding the fiscal year of the approved start date 
of a petition for a nonimmigrant worker described in sec-
tion 101(a)(15)(H)(ii)(b) shall not be counted toward such 
limitation for the fiscal year in which the petition is ap-
proved.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall be effective during the 1-year period begin-
ning October 1, 2007. 
TITLE VI 
RESCISSIONS 
DEPARTMENT OF COMMERCE 
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 
INDUSTRIAL TECHNOLOGY SERVICES 
(RESCISSION) 
Of the unobligated balances available under this head-
ing, $10,000,000 are rescinded. 
DEPARTMENT OF JUSTICE 
GENERAL ADMINISTRATION 
Of the unobligated balances made available for the De-
partment of Justice in prior fiscal years, $110,000,000 are 
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rescinded: Provided, That within 30 days after the date of 
enactment of this section the Attorney General shall submit 
to the Committees on Appropriations of the House of Rep-
resentatives and the Senate a report specifying the amount 
of each rescission made pursuant to this section. 
WORKING CAPITAL FUND 
(RESCISSION) 
Of the unobligated balances available under this head-
ing, $41,000,000 are rescinded. 
DETENTION TRUSTEE 
(RESCISSION) 
Of the unobligated balances available under this head-
ing, $135,000,000 are rescinded. 
LEGAL ACTIVITIES 
ASSETS FORFEITURE FUND 
(RESCISSION) 
Of the unobligated balances available under this head-
ing, $240,000,000 are rescinded. 
OFFICE OF JUSTICE PROGRAMS 
JUSTICE ASSISTANCE 
(RESCISSION) 
Of the unobligated balances available under this head-
ing, $87,500,000 are rescinded. 
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COMMUNITY ORIENTED POLICING SERVICES 
(RESCISSION) 
Of the unobligated balances available under this head-
ing, $37,500,000 are rescinded. 
TITLE VII—RESTITUTION 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Restitution for Victims 
of Crime Act of 2007’’. 
Subtitle A—Collection of 
Restitution 
SEC. 721. SHORT TITLE. 
This subtitle may be cited as the ‘‘Collection of Restitu-
tion Improvement Act of 2007’’. 
SEC. 722. PROCEDURE FOR ISSUANCE AND ENFORCEMENT 
OF RESTITUTION. 
Section 3664(f) of title 18, United States Code, is 
amended by striking paragraphs (2) through (4) and insert-
ing the following: 
‘‘(C)(i) Each restitution order shall— 
‘‘(I) contain information sufficient to identify 
each victim to whom restitution is owed; 
‘‘(II) require that a copy of the court order be 
sent to each such victim; and 
‘‘(III) inform each such victim of the obligation 
to notify the appropriate entities of any change in 
address. 
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‘‘(ii) It shall be the responsibility of each victim to 
whom restitution is owed to notify the Attorney General, 
or the appropriate entity of the court, by means of a form 
to be provided by the Attorney General or the court, of any 
change in the victim’s mailing address while restitution is 
still owed to the victim. 
‘‘(iii) The confidentiality of any information relating 
to a victim under this subparagraph shall be maintained. 
‘‘(2) The court shall order that the restitution imposed 
is due in full immediately upon imposition. 
‘‘(3) The court shall direct the defendant— 
‘‘(A) to make a good-faith effort to satisfy the 
restitution order in the shortest time in which full 
restitution can be reasonably made, and to refrain 
from taking any action that conceals or dissipates the 
defendant’s assets or income; 
‘‘(B) to notify the court of any change in resi-
dence; and 
‘‘(C) to notify the United States Attorney for the 
district in which the defendant was sentenced of any 
change in residence, and of any material change in 
economic circumstances that might affect the defend-
ant’s ability to pay restitution. 
‘‘(4) Compliance with all payment directions imposed 
under paragraphs (6) and (7) shall be prima facie evidence 
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of a good faith effort under paragraph (3)(A), unless it is 
shown that the defendant has concealed or dissipated assets. 
‘‘(5) Notwithstanding any other provision of law, for 
the purpose of enforcing a restitution order, a United States 
Attorney may receive, without the need for a court order, 
any financial information concerning the defendant ob-
tained by the grand jury that indicted the defendant for 
the crime for which restitution has been awarded, the 
United States Probation Office, or the Bureau of Prisons. 
A victim may also provide financial information con-
cerning the defendant to the United States Attorney. 
‘‘(6)(A) At sentencing, or at any time prior to the ter-
mination of a restitution obligation under section 3613 of 
this title, the court may— 
‘‘(i) impose special payment directions upon the 
defendant or modify such directions; or 
‘‘(ii) direct the defendant to make a single, lump 
sum payment, partial payments at specified inter-
vals, in-kind payments, or a combination of pay-
ments at specified intervals and in-kind payments. 
‘‘(B) The period of time over which scheduled pay-
ments are established for purposes of this paragraph shall 
be the shortest time in which full payment reasonably can 
be made. 
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‘‘(C) In-kind payments may be in the form of the re-
turn of property, replacement of property, or, if the victim 
agrees, services rendered to the victim or a person or organi-
zation other than the victim. 
‘‘(D) In ordering restitution, the court may direct the 
defendant to— 
‘‘(i) repatriate any property that constitutes pro-
ceeds of the offense of conviction, or property traceable 
to such proceeds; and 
‘‘(ii) surrender to the United States, or to the 
victim named in the restitution order, any interest of 
the defendant in any nonexempt asset. 
‘‘(E) The court may enter a restraining order or in-
junction, require the execution of a satisfactory performance 
bond, or take any other action to preserve the availability 
of property for restitution. 
‘‘(7)(A) In determining whether to impose or modify 
specific payment directions, the court may consider— 
‘‘(i) the need to provide restitution to the victims 
of the offense; 
‘‘(ii) the financial ability of the defendant; 
‘‘(iii) the economic circumstances of the defend-
ant, including the financial resources and other assets 
of the defendant and whether any of those assets are 
jointly controlled; 
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‘‘(iv) the projected earnings and other income of 
the defendant; 
‘‘(v) any financial obligations of the defendant, 
including obligations to dependents; 
‘‘(vi) whether the defendant has concealed or dis-
sipated assets or income; and 
‘‘(vii) any other appropriate circumstances. 
‘‘(B) Any substantial resources from any source, in-
cluding inheritance, settlement, or other judgment, shall be 
applied to any outstanding restitution obligation. 
‘‘(8)(A) If the court finds that the economic cir-
cumstances of the defendant do not allow the payment of 
any substantial amount as restitution, the court may direct 
the defendant to make nominal payments of not less than 
$100 per year toward the restitution obligation. 
‘‘(B) Any money received from the defendant under 
subparagraph (A) shall be disbursed so that any 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. 
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‘‘(10)(A) The ability of the Attorney General to enforce 
restitution obligations ordered under paragraph (2) shall 
not be limited by appeal, or the possibility of a correction, 
modification, amendment, adjustment, or reimposition of a 
sentence, unless the court expressly so orders for good cause 
shown and stated on the record. 
‘‘(B) Absent exceptional circumstances, as determined 
by the court, an order limiting the enforcement of restitu-
tion obligations shall— 
‘‘(i) require the defendant to deposit, in the reg-
istry of the district court, any amount of the restitu-
tion that is due; 
‘‘(ii) require the defendant to post a bond or 
other security to ensure payment of the restitution 
that is due; or 
‘‘(iii) impose additional restraints upon the de-
fendant to prevent the defendant from transferring or 
dissipating assets. 
‘‘(C) No order described in subparagraph (B) shall re-
strain the ability of the United States to continue its inves-
tigation of the defendant’s financial circumstances, conduct 
discovery, record a lien, or seek any injunction or other re-
lief from the court.’’. 
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SEC. 723. 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 any 
action that conceals or dissipates the defendant’s 
assets or income; 
‘‘(B) direct the defendant to notify the court 
of any change in residence; and 
‘‘(C) order the defendant to notify the 
United States Attorney for the district in which 
the defendant was sentenced of any change in 
residence, and of any material change in 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) 
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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 At-
torney 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-
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 established 
for purposes of this paragraph shall be the short-
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est time in which full payment can reasonably 
be made. 
‘‘(C) REPATRIATION.—The court may direct 
the defendant to repatriate any property that 
constitutes proceeds of the offense of conviction, 
or property traceable to such proceeds. 
‘‘(D) SURRENDER.—In ordering restitution, 
the court may direct the defendant to surrender 
to the United States any interest of the defend-
ant in any non-exempt asset. 
‘‘(E) THIRD PARTIES.—If the court directs 
the defendant to repatriate or surrender any 
property in which it appears that any person 
other than the defendant may have a legal inter-
est— 
‘‘(i) the court shall take such action as 
is necessary to protect such third party in-
terest; 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 section 
413(n) of the Controlled Substances Act (21 
U.S.C. 853(n)). 
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‘‘(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. 
‘‘(6) CONSIDERATIONS.—In determining whether 
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; 
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‘‘(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, settle-
ment, or other judgment shall be applied to any fine 
or assessment still owed. 
‘‘(8) NOMINAL
PAYMENTS.—If the court finds 
that the economic circumstances of the defendant do 
not allow the immediate payment of any substantial 
amount of the fine or assessment imposed, the court 
may direct the 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-
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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 ex-
pressly so orders, for good cause shown and stat-
ed on the record. 
‘‘(B) EXCEPTIONS.—Absent exceptional cir-
cumstances, as determined by the court, an order 
limiting enforcement of a fine or assessment 
shall— 
‘‘(i) require the defendant to deposit, 
in the registry of the district court, any 
amount of the fine or assessment that is 
due; 
‘‘(ii) require the defendant to post a 
bond or other security to ensure payment of 
the fine or assessment that is due; or 
‘‘(iii) impose additional restraints 
upon the defendant to prevent the defendant 
from transferring or dissipating assets. 
‘‘(C) OTHER
ACTIVITIES.—No order de-
scribed in subparagraph (B) shall restrain the 
ability of the United States to continue its inves-
tigation 
of 
the 
defendant’s 
financial 
cir-
cumstances, conduct discovery, record a lien, or 
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seek any injunction or other relief from the 
court. 
‘‘(11) SPECIAL
ASSESSMENTS.—The require-
ments of this subsection shall apply to the imposition 
and enforcement of any assessment imposed under 
section 3013 of this title.’’. 
SEC. 724. 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 GEN-
ERAL.— 
‘‘(1) IN GENERAL.—A judgment or order impos-
ing, modifying, or remitting a fine or restitution 
order of more than $100 shall include— 
‘‘(A) the name, social security account num-
ber, 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 
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‘‘(E) a description of any modification or 
remission. 
‘‘(2) TRANSMITTAL OF COPIES.—Not later than 
10 days after entry of the judgment or order described 
in paragraph (1), the court shall transmit a certified 
copy of the judgment or order to the Attorney Gen-
eral.’’. 
SEC. 725. ATTORNEY’S FEES FOR VICTIMS. 
(a) ORDER OF RESTITUTION.—Section 3663(b) of title 
18, United States Code, is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) by redesignating subparagraph (B) as 
subparagraph (C); 
(C) by inserting after subparagraph (A) the 
following: 
‘‘(B) reimburse the victim for attorneys’ fees 
reasonably incurred in an attempt to retrieve 
damaged, lost, or destroyed property (which shall 
not include payment of salaries of Government 
attorneys); or’’; and 
(D) in subparagraph (C), as so redesignated 
by this subsection, by inserting ‘‘or (B)’’ after 
‘‘subparagraph (A)’’; 
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(2) in paragraph (4)— 
(A) by inserting ‘‘(including attorneys’ fees 
necessarily and reasonably incurred for represen-
tation of the victim, which shall not include pay-
ment of salaries of Government attorneys)’’ after 
‘‘other expenses related to participation in the 
investigation or prosecution of the offense’’; and 
(B) by striking ‘‘and’’ at the end; 
(3) in paragraph (5), by striking the period and 
inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(6) in any case, reimburse the victim for rea-
sonably incurred attorneys’ fees that are necessary 
and foreseeable results of the defendant’s crime (which 
shall not include payment of salaries of Government 
attorneys).’’. 
(b) MANDATORY RESTITUTION TO VICTIMS OF 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); 
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(C) by inserting after subparagraph (A) the 
following: 
‘‘(B) reimburse the victim for attorneys’ fees 
reasonably incurred in an attempt to retrieve 
damaged, lost, or destroyed property (which shall 
not include payment of salaries of Government 
attorneys); or’’; and 
(D) in subparagraph (C), as so redesignated 
by this subsection, by inserting ‘‘or (B)’’ after 
‘‘subparagraph (A)’’; 
(2) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(3) in paragraph (4)— 
(A) by inserting ‘‘(including attorneys’ fees 
necessarily and reasonably incurred for represen-
tation of the victim, which shall not include pay-
ment of salaries of Government attorneys)’’ after 
‘‘other expenses related to participation in the 
investigation or prosecution of the offense’’; and 
(B) by striking the period and inserting ‘‘; 
and’’; and 
(4) by adding at the end the following: 
‘‘(5) in any case, reimburse the victim for rea-
sonably incurred attorneys’ fees that are necessary 
and foreseeable results of the defendant’s crime (which 
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shall not include payment of salaries of Government 
attorneys).’’. 
Subtitle B—Preservation of Assets 
for Restitution 
SEC. 741. SHORT TITLE. 
This subtitle may be cited as the ‘‘Preservation of As-
sets for Restitution Act of 2007’’. 
SEC. 742. 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 satisfac-
tory performance bond; or 
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‘‘(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 nec-
essary to preserve any nonexempt asset (as de-
fined 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 Sub-
stances Act (21 U.S.C. 853(e)) and in this section. 
‘‘(3) MONETARY INSTRUMENTS.—If the property 
in question is a monetary instrument (as defined in 
section 1956(c)(5)) or funds in electronic form, the 
protective order issued under paragraph (1) may take 
the form of a warrant authorizing the Government to 
seize the property and to deposit it into an interest- 
bearing account in the Registry of the Court in the 
district in which the warrant was issued, or into an-
other such account maintained by a substitute prop-
erty custodian, as the court may direct. 
‘‘(4) POST-INDICTMENT.—A post-indictment pro-
tective order entered under paragraph (1) shall re-
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main in effect through the conclusion of the criminal 
case, including sentencing and any post-sentencing 
proceedings, until seizure or other disposition of the 
subject property, unless modified by the court upon a 
motion by the Government or under subsection (b) or 
(c). 
‘‘(b) DEFENDANT’S RIGHT TO A HEARING.— 
‘‘(1) 
IN
GENERAL.—In 
the 
case 
of 
a 
preindictment protective order entered under sub-
section (a)(1), the defendant’s right to a post-restraint 
hearing shall be governed by paragraphs (1)(B) and 
(2) of section 413(e) of the Controlled Substances Act 
(21 U.S.C. 853(e)). 
‘‘(2) POST-INDICTMENT.—In the case of a post- 
indictment protective order entered under subsection 
(a)(1), the defendant shall have a right to a post-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 defendant to 
retain counsel in the criminal case or to provide 
for a reasonable living allowance for the nec-
essary expenses of the defendant and the defend-
ant’s lawful dependents; and 
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‘‘(B) makes a prima facie showing that 
there is bona fide reason to believe that the 
court’s ex parte finding of probable cause under 
subsection (a)(1) was in error. 
‘‘(3) HEARING.— 
‘‘(A) IN GENERAL.—If the court determines 
that the defendant has satisfied the requirements 
of paragraph (2), it may hold a hearing to deter-
mine whether there is probable cause to believe 
that the defendant, if convicted, will be ordered 
to satisfy an order of restitution for an offense 
punishable by imprisonment for more than 1 
year, and that the seized or restrained property 
may be needed to satisfy such restitution order. 
‘‘(B) PROBABLE CAUSE.—If the court finds 
probable cause under subparagraph (A), the pro-
tective order shall remain in effect. 
‘‘(C) NO PROBABLE CAUSE.—If the court 
finds under subparagraph (A) that no probable 
cause exists as to some or all of the property, or 
determines that more property has been seized 
and restrained than may be needed to satisfy a 
restitution order, it shall modify the protective 
order to the extent necessary to release the prop-
erty that should not have been restrained. 
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‘‘(4) REBUTTAL.—If the court conducts an evi-
dentiary hearing under paragraph (3), the court shall 
afford the Government an opportunity to present re-
buttal evidence and to cross-examine any witness that 
the defendant may present. 
‘‘(5) PRETRIAL HEARING.—In any pretrial hear-
ing on a protective order issued under subsection 
(a)(1), the court may not entertain challenges to the 
grand jury’s finding of probable cause regarding the 
criminal offense giving rise to a potential restitution 
order. The court shall ensure that such hearings are 
not used to obtain disclosure of evidence or the identi-
ties 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 de-
fendant who has a legal interest in property affected 
by a protective order issued under subsection (a)(1) 
may move to modify the order on the grounds that— 
‘‘(A) the order causes an immediate and 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 hardship, to the 
extent that it is possible to do so while preserving the 
asset for restitution. 
‘‘(3) INTERVENTION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B) or paragraph (1), a person 
other than a defendant has no right to intervene 
in the criminal case to object to the entry of any 
order issued under this section or otherwise to 
object to an order directing a defendant to pay 
restitution. 
‘‘(B) EXCEPTION.—If, at the conclusion of 
the criminal case, the court orders the defendant 
to use particular assets to satisfy an order of res-
titution (including assets that have been seized 
or restrained pursuant to this section) the court 
shall give persons other than the defendant the 
opportunity to object to the order on the ground 
that the property belonged in whole or in part 
to the third party and not to the defendant, as 
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provided in section 413(n) of the Controlled Sub-
stances Act (21 U.S.C. 853(n)). 
‘‘(d) GEOGRAPHIC SCOPE OF ORDER.— 
‘‘(1) IN
GENERAL.—A district court of the 
United States shall have jurisdiction to enter an 
order under this section without regard to the location 
of the property subject to the order. 
‘‘(2) OUTSIDE
THE
UNITED
STATES.—If the 
property subject to an order issued under this section 
is located outside of the United States, the order may 
be transmitted to the central authority of any foreign 
state for service in accordance with any treaty or 
other international agreement. 
‘‘(e) NO EFFECT ON OTHER GOVERNMENT ACTION.— 
Nothing in this section shall be construed to preclude the 
Government from seeking the seizure, restraint, or forfeiture 
of assets under the asset forfeiture laws of the United States. 
‘‘(f) LIMITATION ON RIGHTS CONFERRED.—Nothing 
in this section shall be construed to create any enforceable 
right to have the Government seek the seizure or restraint 
of property for restitution. 
‘‘(g) RECEIVERS.— 
‘‘(1) IN
GENERAL.—A court issuing an order 
under this section may appoint a receiver under sec-
tion 1956(b)(4) to collect, marshal, and take custody, 
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control, and possession of all assets of the defendant, 
wherever located, that have been restrained in accord-
ance with this section. 
‘‘(2) DISTRIBUTION OF PROPERTY.—The receiver 
shall have the power to distribute property in its con-
trol to each victim identified in an order of restitu-
tion at such time, and in such manner, as the court 
may authorize.’’. 
(b) CONFORMING AMENDMENT.—The section analysis 
for chapter 232 of title 18, United States Code, is amended 
by inserting after the item relating to section 3664 the fol-
lowing: 
‘‘Sec. 3664A. Preservation of assets for restitution.’’. 
SEC. 743. 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 Fed-
eral offense that may result in an order of res-
titution;’’; 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. 744. 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 Govern-
ment], 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 per-
tinent ground or grounds from section 3101(b)]. The Gov-
ernment 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 prop-
erty may be so exempted with respect to the State in which 
the debtor resides.]’ ’’ the following: 
‘‘ ‘[In a criminal action, the statement summarizing 
the types of property that may be exempt shall list only 
those types of property that may be exempt under section 
3613 of title 18.]’ ’’; and 
(C) by inserting after ‘‘You must also send a copy of 
your request to the Government at [address], so the Govern-
ment will know you want the proceeding to be trans-
ferred.’ ’’ 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.’ ’’. 
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(c) ENFORCEMENT.—Section 3202(b) of title 28, 
United States Code, is amended— 
(1) by inserting after ‘‘a statement that different 
property may be so exempted with respect to the State 
in which the debtor resides.]’ ’’ the following: 
‘‘ ‘[In a criminal action, the statement summarizing 
the types of property that may be exempt shall list only 
those types of property that may be exempt under section 
3613 of title 18.]’ ’’; and 
(2) by inserting after ‘‘you want the proceeding 
to be transferred.’ ’’ the following: 
‘‘ ‘If this notice is issued in conjunction with a crimi-
nal case, the district court where the criminal action is 
pending may deny your request for a transfer of this pro-
ceeding.’ ’’. 
This Act may be cited as the ‘‘Departments of Com-
merce and Justice, Science, and Related Agencies Appro-
priations Act, 2008’’. 
Passed the House of Representatives July 26, 2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
Passed the Senate October 16, 2007. 
Attest: 
NANCY ERICKSON, 
Secretary. 
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