(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.—
‘‘(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
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.
‘‘(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-
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—