[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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