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other formal international agreement in effect pro-
viding for mutual forfeiture assistance; and
‘‘(2) the term ‘forfeiture or confiscation judg-
ment’ means a final order of a foreign nation compel-
ling a person or entity—
‘‘(A) to pay a sum of money representing
the proceeds of an offense described in Article 3,
Paragraph 1, of the United Nations Convention,
or any foreign offense described in section
1956(c)(7)(B) of title 18, or property the value
of which corresponds to such proceeds; or
‘‘(B) to forfeit property involved in or trace-
able to the commission of such offense.
‘‘(b) REVIEW BY ATTORNEY GENERAL.—
‘‘(1) IN GENERAL.—A foreign nation seeking to
have a forfeiture or confiscation judgment registered
and enforced by a district court of the United States
under this section shall first submit a request to the
Attorney General or the designee of the Attorney Gen-
eral, which request shall include—
‘‘(A) a summary of the facts of the case and
a description of the proceedings that resulted in
the forfeiture or confiscation judgment;
‘‘(B) certified copy of the forfeiture or con-
fiscation judgment;
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‘‘(C) an affidavit or sworn declaration es-
tablishing that the defendant received notice of
the proceedings in sufficient time to enable the
defendant to defend against the charges and that
the judgment rendered is in force and is not sub-
ject to appeal; and
‘‘(D) such additional information and evi-
dence as may be required by the Attorney Gen-
eral or the designee of the Attorney General.
‘‘(2) CERTIFICATION OF REQUEST.—The Attor-
ney General or the designee of the Attorney General
shall determine whether, in the interest of justice, to
certify the request, and such decision shall be final
and not subject to either judicial review or review
under subchapter II of chapter 5, or chapter 7, of title
5 (commonly known as the ‘Administrative Procedure
Act’).
‘‘(c) JURISDICTION AND VENUE.—
‘‘(1) IN GENERAL.—If the Attorney General or
the designee of the Attorney General certifies a request
under subsection (b), the United States may file an
application on behalf of a foreign nation in district
court of the United States seeking to enforce the for-
eign forfeiture or confiscation judgment as if the judg-
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ment had been entered by a court in the United
States.
‘‘(2) PROCEEDINGS.—In a proceeding filed under
paragraph (1)—
‘‘(A) the United States shall be the appli-
cant and the defendant or another person or en-
tity affected by the forfeiture or confiscation
judgment shall be the respondent;
‘‘(B) venue shall lie in the district court for
the District of Columbia or in any other district
in which the defendant or the property that may
be the basis for satisfaction of a judgment under
this section may be found; and
‘‘(C) the district court shall have personal
jurisdiction over a defendant residing outside of
the United States if the defendant is served with
process in accordance with rule 4 of the Federal
Rules of Civil Procedure.
‘‘(d) ENTRY AND ENFORCEMENT OF JUDGMENT.—
‘‘(1) IN GENERAL.—The district court shall enter
such orders as may be necessary to enforce the judg-
ment on behalf of the foreign nation unless the court
finds that—
‘‘(A) the judgment was rendered under a
system that provides tribunals or procedures in-
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compatible with the requirements of due process
of law;
‘‘(B) the foreign court lacked personal juris-
diction over the defendant;
‘‘(C) the foreign court lacked jurisdiction
over the subject matter;
‘‘(D) the defendant in the proceedings in the
foreign court did not receive notice of the pro-
ceedings in sufficient time to enable him or her
to defend; or
‘‘(E) the judgment was obtained by fraud.
‘‘(2) PROCESS.—Process to enforce a judgment
under this section shall be in accordance with rule
69(a) of the Federal Rules of Civil Procedure.
‘‘(e) FINALITY OF FOREIGN FINDINGS.—In entering
orders to enforce the judgment, the court shall be bound by
the findings of fact to the extent that they are stated in
the foreign forfeiture or confiscation judgment.
‘‘(f) CURRENCY CONVERSION.—The rate of exchange in
effect at the time the suit to enforce is filed by the foreign
nation shall be used in calculating the amount stated in
any forfeiture or confiscation judgment requiring the pay-
ment of a sum of money submitted for registration.’’.
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(b) CONFORMING
AMENDMENT.—The analysis for
chapter 163 of title 28, United States Code, is amended by
adding at the end the following:
‘‘2467. Enforcement of foreign judgment.’’.
SEC. 16. ENCOURAGING USE OF CRIMINAL FORFEITURE AS
AN ALTERNATIVE TO CIVIL FORFEITURE.
Section 2461 of title 28, United States Code, is amend-
ed by adding at the end the following:
‘‘(c) If a forfeiture of property is authorized in connection
with a violation of an Act of Congress, and any person is
charged in an indictment or information with such viola-
tion but no specific statutory provision is made for crimi-
nal forfeiture upon conviction, the Government may include
the forfeiture in the indictment or information in accord-
ance with the Federal Rules of Criminal Procedure, and
upon conviction, the court shall order the forfeiture of the
property in accordance with the procedures set forth in sec-
tion 413 of the Controlled Substances Act (21 U.S.C. 853),
other than subsection (d) of that section.’’.
SEC. 17. ACCESS TO RECORDS IN BANK SECRECY JURISDIC-
TIONS.
Section 986 of title 18, United States Code, is amended
by adding at the end the following:
‘‘(d) ACCESS TO RECORDS IN BANK SECRECY JURIS-
DICTIONS.—
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‘‘(1) IN GENERAL.—In any civil forfeiture case,
or in any ancillary proceeding in any criminal for-
feiture case governed by section 413(n) of the Con-
trolled Substances Act (21 U.S.C. 853(n)), in which—
‘‘(A) financial records located in a foreign
country may be material—
‘‘(i) to any claim or to the ability of
the Government to respond to such claim; or
‘‘(ii) in a civil forfeiture case, to the
ability of the Government to establish the
forfeitability of the property; and
‘‘(B) it is within the capacity of the claim-
ant to waive the claimant’s rights under appli-
cable financial secrecy laws, or to obtain the
records so that such records can be made avail-
able notwithstanding such secrecy laws;
the refusal of the claimant to provide the records in
response to a discovery request or to take the action
necessary otherwise to make the records available
shall be grounds for judicial sanctions, up to and in-
cluding dismissal of the claim with prejudice.
‘‘(2) PRIVILEGE.—This subsection shall not affect
the right of the claimant to refuse production on the
basis of any privilege guaranteed by the Constitution
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of the United States or any other provision of Federal
law.’’.
SEC. 18. APPLICATION TO ALIEN SMUGGLING OFFENSES.
(a) AMENDMENT OF THE IMMIGRATION AND NATION-
ALITY ACT.—Section 274(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1324(b)) is amended to read as fol-
lows:
‘‘(b) SEIZURE AND FORFEITURE.—
‘‘(1) IN GENERAL.—Any conveyance, including
any vessel, vehicle, or aircraft, that has been or is
being used in the commission of a violation of sub-
section (a), the gross proceeds of such violation, and
any property traceable to such conveyance or pro-
ceeds, shall be seized and subject to forfeiture.
‘‘(2) APPLICABLE
PROCEDURES.—Seizures and
forfeitures under this subsection shall be governed by
the provisions of chapter 46 of title 18, United States
Code, relating to civil forfeitures, including section
981(d) of such title, except that such duties as are im-
posed upon the Secretary of the Treasury under the
customs laws described in that section shall be per-
formed by such officers, agents, and other persons as
may be designated for that purpose by the Attorney
General.
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‘‘(3) PRIMA
FACIE
EVIDENCE
IN
DETERMINA-
TIONS
OF
VIOLATIONS.—In determining whether a
violation of subsection (a) has occurred, any of the
following shall be prima facie evidence that an alien
involved in the alleged violation had not received
prior official authorization to come to, enter, or reside
in the United States or that such alien had come to,
entered, or remained in the United States in violation
of law:
‘‘(A) Records of any judicial or administra-
tive proceeding in which that alien’s status was
an issue and in which it was determined that
the alien had not received prior official author-
ization to come to, enter, or reside in the United
States or that such alien had come to, entered,
or remained in the United States in violation of
law.
‘‘(B) Official records of the Service or of the
Department of State showing that the alien had
not received prior official authorization to come
to, enter, or reside in the United States or that
such alien had come to, entered, or remained in
the United States in violation of law.
‘‘(C) Testimony, by an immigration officer
having personal knowledge of the facts con-
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cerning that alien’s status, that the alien had not
received prior official authorization to come to,
enter, or reside in the United States or that such
alien had come to, entered, or remained in the
United States in violation of law.’’.
(b) TECHNICAL CORRECTIONS TO EXISTING CRIMINAL
FORFEITURE AUTHORITY.—Section 982(a)(6) of title 18,
United States Code, is amended—
(1) in subparagraph (A)—
(A) 
by 
inserting 
‘‘section 
274(a),
274A(a)(1), or 274A(a)(2) of the Immigration
and Nationality Act or’’ before ‘‘section 1425’’
the first place it appears;
(B) in clause (i), by striking ‘‘a violation
of, or a conspiracy to violate, subsection (a)’’
and inserting ‘‘the offense of which the person is
convicted’’; and
(C) in subclauses (I) and (II) of clause (ii),
by striking ‘‘a violation of, or a conspiracy to
violate, subsection (a)’’ and all that follows
through ‘‘of this title’’ each place it appears and
inserting ‘‘the offense of which the person is con-
victed’’;
(2) by striking subparagraph (B); and
(3) in the second sentence—
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(A) by striking ‘‘The court, in imposing
sentence on such person’’ and inserting the fol-
lowing:
‘‘(B) The court, in imposing sentence on a per-
son described in subparagraph (A)’’; and
(B) by striking ‘‘this subparagraph’’ and
inserting ‘‘that subparagraph’’.
SEC. 19. ENHANCED VISIBILITY OF THE ASSET FORFEITURE
PROGRAM.
Section 524(c)(6) of title 28, United States Code, is
amended to read as follows:
‘‘(6)(A) The Attorney General shall transmit to Con-
gress and make available to the public, not later than 4
months after the end of each fiscal year, detailed reports
for the prior fiscal year as follows:
‘‘(i) A report on total deposits to the Fund by
State of deposit.
‘‘(ii) A report on total expenses paid from the
Fund, by category of expense and recipient agency,
including equitable sharing payments.
‘‘(iii) A report describing the number, value, and
types of properties placed into official use by Federal
agencies, by recipient agency.
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‘‘(iv) A report describing the number, value, and
types of properties transferred to State and local law
enforcement agencies, by recipient agency.
‘‘(v) A report, by type of disposition, describing
the number, value, and types of forfeited property dis-
posed of during the year.
‘‘(vi) A report on the year-end inventory of prop-
erty under seizure, but not yet forfeited, that reflects
the type of property, its estimated value, and the esti-
mated value of liens and mortgages outstanding on
the property.
‘‘(vii) A report listing each property in the year-
end inventory, not yet forfeited, with an outstanding
equity of not less than $1,000,000.
‘‘(B) The Attorney General shall transmit to Congress
and make available to the public, not later than 2 months
after final issuance, the audited financial statements for
each fiscal year for the Fund.
‘‘(C) Reports under subparagraph (A) shall include in-
formation with respect to all forfeitures under any law en-
forced or administered by the Department of Justice.
‘‘(D) The transmittal and publication requirements in
subparagraphs (A) and (B) may be satisfied by—
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‘‘(i) posting the reports on an Internet website
maintained by the Department of Justice for a period
of not less than 2 years; and
‘‘(ii) notifying the Committees on the Judiciary
of the House of Representatives and the Senate when
the reports are available electronically.’’.
SEC. 20. PROCEEDS.
(a) 
FORFEITURE
OF
PROCEEDS.—Section
981(a)(1)(C) of title 18, United States Code, is amended
by striking ‘‘or a violation of section 1341’’ and all that
follows and inserting ‘‘or any offense constituting ‘specified
unlawful activity’ (as defined in section 1956(c)(7) of this
title), or a conspiracy to commit such offense.’’.
(b) DEFINITION
OF PROCEEDS.—Section 981(a) of
title 18, United States Code, is amended by adding at the
end the following:
‘‘(2) For purposes of paragraph (1), the term ‘proceeds’
is defined as follows:
‘‘(A) In cases involving illegal goods, illegal serv-
ices, unlawful activities, and telemarketing and health
care fraud schemes, the term ‘proceeds’ means prop-
erty of any kind obtained directly or indirectly, as
the result of the commission of the offense giving rise
to forfeiture, and any property traceable thereto, and
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is not limited to the net gain or profit realized from
the offense.
‘‘(B) In cases involving lawful goods or lawful
services that are sold or provided in an illegal man-
ner, the term ‘proceeds’ means the amount of money
acquired through the illegal transactions resulting in
the forfeiture, less the direct costs incurred in pro-
viding the goods or services. The claimant shall have
the burden of proof with respect to the issue of direct
costs. The direct costs shall not include any part of
the overhead expenses of the entity providing the
goods or services, or any part of the income taxes
paid by the entity.
‘‘(C) In cases involving fraud in the process of
obtaining a loan or extension of credit, the court shall
allow the claimant a deduction from the forfeiture to
the extent that the loan was repaid, or the debt was
satisfied, without any financial loss to the victim.’’.
SEC. 21. EFFECTIVE DATE.
Except as provided in section 14(c), this Act and the
amendments made by this Act shall apply to any forfeiture
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proceeding commenced on or after the date that is 120 days
after the date of enactment of this Act.
Attest:
Secretary.
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