[Congressional Record Volume 156, Number 165 (Tuesday, December 14, 2010)]
[Senate]
[Page S10232]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     PRESERVING FOREIGN CRIMINAL ASSETS FOR FORFEITURE ACT OF 2010

  Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the 
Judiciary Committee be discharged from further consideration of S. 
4005, and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 4005) to amend title 28, United States Code, to 
     prevent the proceeds or instrumentalities of foreign crime 
     located in the United States from being shielded from foreign 
     forfeiture proceedings.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. BROWN of Ohio. Mr. President, I ask unanimous consent that the 
bill be read the third time and passed, the motion to reconsider be 
laid upon the table, with no intervening action or debate, and that any 
statements relating to the measure be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 4005) was ordered to be engrossed for a third reading, 
was read the third time, and passed, as follows:

                                S. 4005

       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 ``Preserving Foreign Criminal 
     Assets for Forfeiture Act of 2010''.

     SEC. 2. PRESERVATION OF PROPERTY SUBJECT TO FORFEITURE UNDER 
                   FOREIGN LAW.

       Section 2467(d)(3)(A) of title 28, United States Code, is 
     amended to read as follows:
       ``(A) Restraining orders.--
       ``(i) In general.--To preserve the availability of property 
     subject to civil or criminal forfeiture under foreign law, 
     the Government may apply for, and the court may issue, a 
     restraining order at any time before or after the initiation 
     of forfeiture proceedings by a foreign nation.
       ``(ii) Procedures.--

       ``(I) In general.--A restraining order under this 
     subparagraph shall be issued in a manner consistent with 
     subparagraphs (A), (C), and (E) of paragraph (1) and the 
     procedural due process protections for a restraining order 
     under section 983(j) of title 18.
       ``(II) Application.--For purposes of applying such section 
     983(j)--

       ``(aa) references in such section 983(j) to civil 
     forfeiture or the filing of a complaint shall be deemed to 
     refer to the applicable foreign criminal or forfeiture 
     proceedings; and
       ``(bb) the reference in paragraph (1)(B)(i) of such section 
     983(j) to the United States shall be deemed to refer to the 
     foreign nation.''.

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