[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 845 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 845
To improve and consolidate the law relating to restitution in criminal
cases.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2007
Mr. Chabot (for himself, Mr. Smith of Texas, Mr. Gallegly, Mr. Franks
of Arizona, and Mr. Pence) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To improve and consolidate the law relating to restitution in criminal
cases.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Criminal Restitution Improvement Act
of 2007''.
SEC. 2. MANDATORY RESTITUTION FOR FEDERAL OFFENSES.
Title 18, United States Code, is amended by striking section 3663
and all that follows through section 3664 and inserting the following:
``Sec. 3663. Mandatory restitution
``(a) Restitution Required.--The court shall order a convicted
defendant to make restitution for all pecuniary loss to identifiable
victims, including pecuniary loss resulting from physical injury to, or
the death of, another, proximately resulting from the offense.
``(b) To Whom Made.--
``(1) Generally.--The court shall order restitution be made
to each victim of the offense.
``(2) Definition of victim.--As used in this section and
section 3664, the term `victim' means--
``(A) each identifiable person or entity suffering
the pecuniary loss (and any successor to that person or
entity); and
``(B) others, as agreed to in a plea agreement or
otherwise provided by law.
``(c) Extent of Restitution.--Restitution shall compensate the
victim for all of the victim's pecuniary loss, including--
``(1) an amount equal to the greater of the value of the
property on the date of the damage, loss, or destruction or the
value of the property on the date of sentencing;
``(2) an amount equal to the cost of necessary medical and
related professional services and devices relating to physical,
psychiatric, and psychological care, including nonmedical care
and treatment rendered in accordance with a method of healing
recognized by the law of the place of treatment;
``(3) an amount equal to the cost of necessary physical and
occupational therapy and rehabilitation; and
``(4) income lost by such victim as a result of such
offense;
``(5) lost income and necessary child care, transportation,
and other expenses incurred during participation in the
investigation or prosecution of the offense or attendance at
proceedings related to the offense, including attorneys' fees
necessarily and reasonably incurred for representation of the
victim except for payment of salaries of government lawyers;
and
``(6) in the case of an offense resulting in the death of
the victim, an amount equal to the cost of necessary funeral
and related services.
``(d) Special Rule for Misdemeanors.--In the case of a misdemeanor,
an order of restitution may be in lieu of any other penalty.
``(e) Alternative Arrangements in Light of Practical Problems.--The
court shall provide as complete a restitution to as many victims as
possible, though not the full restitution to all victims otherwise
required by this section, to the extent the court finds on the record
that--
``(1) the number of identifiable victims is so large as to
make restitution impracticable; or
``(2) determining complex issues of fact related to the
cause or amount of a victim's losses would complicate or
prolong the sentencing process to such a degree that the need
to provide restitution to that victim is outweighed by the
burden on the sentencing process.
``Sec. 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, information sufficient for the court to
fashion a restitution 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 disclose to the
defendant, the attorney for the Government, and, upon request,
potential recipients of restitution, all portions of the presentence or
other report pertaining to the matters described in subsection (a).
``(c) Information From Attorney for the Government.--The attorney
for the Government shall provide 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 subsection (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 submit
information to the probation officer concerning 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 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 dependents,
and such other information that the court requires relating to such
other factors as the court deems appropriate.
``(f) Additional Documentation or Testimony.--After reviewing the
report of the probation officer, the court may require additional
documentation or hear testimony. The privacy of any records filed, or
testimony 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 victim'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 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 Master.--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 recommendations as to disposition, subject to a de
novo determination 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 burden 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 demonstrating 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.
``(j) Order of Payment.--
``(1) Upon determination of the amount of restitution owed
to each victim, the court shall order that the full amount of
restitution is due and payable 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 installments according to a schedule.
The length of time over which scheduled payments are
established shall be the shortest time in which full payment
reasonably can be made and based on--
``(A) the financial resources and other assets 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 defendant;
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.
``(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 notwithstanding the fact that--
``(1) such a sentence can subsequently be--
``(A) corrected under Rule 35 of the Federal 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 terminate a term of
supervised release under section 3583(e) before the order to pay
restitution has been completely 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 restitution. Such determination is
only for the purposes of this subsection and does not affect the
obligation to pay restitution 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 payment of restitution.
``(n) Effect of Insurance and Other Compensation.--
``(1) Insurance.--In no case shall the fact that a victim
receives or is entitled to receive compensation with respect to
a loss from insurance or any other source be considered in
determining the amount of restitution. If a victim receives
compensation 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.
``(2) Other compensation.--Any amount paid to a victim
under an order of restitution shall be reduced by any amount
later recovered as compensatory damages for the same loss by
the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent
provided by the law of the State.
``(o) Details of Payments.--
``(1) Minimum payment required.--A restitution order may
direct the defendant to make nominal periodic payments if the
court finds on the record that the economic circumstances of
the defendant 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 foreseeable future under
any reasonable schedule of payments.
``(2) In-kind payments.--An in-kind payment may be in the
form of return of property, replacement 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 Multiple Victims.--If the
court finds that more than 1 victim has sustained a loss requiring
restitution by a defendant, the court may provide for a different
payment schedule 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 receives 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 defendant's economic circumstances that might affect the
defendant'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 circumstances. Upon receipt of the notification, the
court may, on its own motion, or the motion of any party, including the
victim, adjust the payment schedule, or require immediate payment in
full, as the interests of justice require.
``(r) Name and Address Changes.--It is the responsibility 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 or mailing or residence address, a person owing
restitution shall promptly report the change to the court. The
confidentiality 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 provided for in subchapter C
of chapter 227 and subchapter 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 certifying that a judgment has
been entered in favor of such victim in the amount specified in
the restitution order. Upon registering, recording, docketing,
or indexing 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
jurisdiction in that State.
``(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 person obligated to
provide restitution, or pay a fine, receives additional resources from
any source, including inheritance, settlement, or other judgment, such
person shall be required to apply the value of such resources to any
restitution or fine still owed.
``(u) Rights of Victims.--
``(1) Not required to participate.--No victim 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 construed 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.
``(w) Collateral Estoppel.--A conviction of a defendant 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. 3. 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. 4. 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 restitution. The court shall extend probation for
such a defendant 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 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. 5. 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 ``order
the defendant to reimburse the United States, the State
or local government concerned, or both the United
States and the State or local government concerned for
the costs incurred 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 subparagraph (D);
and
(3) by striking the semicolon at the end of subparagraph
(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, 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. 6. 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 justice 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 transferee of
that defendant) to forfeit any profits made possible by the offense.''.
SEC. 7. AMENDMENTS TO THE MANDATORY VICTIMS RESTITUTION ACT.
(a) In General.--Chapter 232 of title 18, United States Code, is
amended by inserting after section 3664 the following:
``Sec. 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 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
injunction;
``(ii) require the execution of a
satisfactory 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 interests
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 paragraph (1) shall not limit the
amount of restitution the court may impose at the time of
sentencing.
``(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 section.
``(4) 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 another such
account maintained by a substitute property custodian, as the
court may direct.
``(5) Post-indictment.--A post-indictment protective order
entered under paragraph (1) shall remain 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 subsection (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-restraint hearing regarding the
continuation or modification 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 necessary expenses
of the defendant and the defendant'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 determines that the
defendant has satisfied the requirements 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 restrained
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 release
the property that should not have been restrained.
``(4) Rebuttal.--If the court conducts an evidentiary
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.
``(5) Pretrial hearing.--In any pretrial hearing 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
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 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 irreparable
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 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 restitution
(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 provided in section 413(n) of 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 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 section 1956(b)(4) to
collect, marshal, and take custody, control, and possession of
all assets of the defendant, wherever located, that have been
restrained in accordance with this section.
``(2) Distribution of property.--The receiver 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 sections at the beginning
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. 8. 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)--
(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 ``traceable
to such violation''.
SEC. 9. AMENDMENTS TO THE FEDERAL DEBT COLLECTION 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 district court for the district in
which the defendant was sentenced 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 following: ``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:
```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 Government], 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 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
Government will know you want the proceeding to be
transferred.''' the following:
```If this Notice is issued in conjunction with a criminal case,
the district court where the criminal action is pending may deny your
request for a transfer of this proceeding.'''.
(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 criminal case,
the district court where the criminal action is pending may deny your
request for a transfer of this proceeding.'''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General for
enhancing the enforcement and litigation of criminal debts owed to
victims of Federal criminal offenses $20 million for each of the fiscal
years 2008 through 2012.
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