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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’’.
Attest:
Secretary.