[Congressional Record (Bound Edition), Volume 156 (2010), Part 14] [Senate] [Page 20806] [From the U.S. 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.''. ____________________