SEC. 4. RESTRAINT OF ASSETS OF PERSONS ARRESTED
ABROAD.
Section 981(b) of title 18, United States Code, is
amended by adding at the end the following:
‘‘(3) If any person is arrested or charged in a foreign
country in connection with an offense that would give rise
to the forfeiture of property in the United States under
this section or under the Controlled Substances Act, the
Attorney General may apply to any Federal judge or mag-
istrate judge in the district where the property is located
for an ex parte order restraining the property subject to
forfeiture for not more than 30 days, except that the time
may be extended for good cause shown at a hearing con-
ducted in the manner provided in rule 43(e) of the Federal
Rules of Civil Procedure. The application for the restrain-
ing order shall set forth the nature and circumstances of
the foreign charges and the basis for belief that the person
arrested or charged has property in the United States that
would be subject to forfeiture, and shall contain a state-
ment that the restraining order is needed to preserve the
availability of property for such time as is necessary to
receive evidence from the foreign country or elsewhere in
support of probable cause for the seizure of the property
under this subsection.’’.
SEC. 5. 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) In any civil forfeiture case, or in any ancillary
proceeding in any criminal forfeiture case governed by sec-
tion 413(n) of the Controlled Substances Act (21 U.S.C.
853(n)), where—
‘‘(1) financial records located in a foreign coun-
try may be material—
‘‘(A) to any claim or to the ability of the
Government to respond to such claim; or
‘‘(B) in a civil forfeiture case, to the Gov-
ernment’s ability to establish the forfeitability
of the property; and
‘‘(2) it is within the capacity of the claimant to
waive the claimant’s rights under such secrecy laws,
or to obtain the records directly so that the records
can be made available,
the refusal of the claimant to provide the records in re-
sponse to a discovery request or take the action necessary
otherwise to make the records available shall result in the
dismissal of the claim with prejudice. This subsection does
not affect the claimant’s rights to refuse production on
the basis of any privilege guaranteed by the Constitution
or laws of the United States.’’.
SEC. 6. CIVIL MONEY LAUNDERING JURISDICTION.
Section 1956(b) of title 18, United States Code, is
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;
(2) by redesignating present paragraphs (1)
and (2) as subparagraphs (A) and (B), respectively;
(3) by inserting ‘‘, or section 1957’’ after ‘‘or
(a)(3)’’; and
(4) by adding at the end the following:
‘‘(2) For purposes of adjudicating an action filed or
enforcing a penalty ordered under this section, the district
courts shall have jurisdiction over any foreign person, in-
cluding any financial institution authorized under the laws
of a foreign country, that commits an offense under sub-
section (a) involving a financial transaction that occurs in
whole or in part in the United States, if that service of
process upon such foreign person is made under the Fed-
eral Rules of Civil Procedure or the laws of the country
where the foreign person is found.
‘‘(3) The court may issue a pretrial restraining order
or take any other action necessary to ensure that any bank
account or other property held by the defendant in the
United States is available to satisfy a judgment under this
section.’’.
SEC. 7. LAUNDERING MONEY THROUGH A FOREIGN BANK.
Section 1956(c)(6) of title 18, United States Code,
is amended to read as follows:
‘‘(6) the term ‘financial institution’ includes any
financial institution described in section 5312(a)(2)
of title 31, United States Code, or the regulations
promulgated thereunder, as well as any foreign
bank, as defined in paragraph (7) of section 1(b) of
the International Banking Act of 1978 (12 U.S.C.
3101(7)).’’.
SEC. 8. SPECIFIED UNLAWFUL ACTIVITY FOR MONEY LAUN-
DERING.
(a) IN GENERAL.—Section 1956(c)(7) of title 18,
United States Code, is amended—
(1) in subparagraph (B)—
(A) so that clause (ii) reads as follows:
‘‘(ii) any conduct constituting a crime
of violence;’’; and
(B) by inserting after clause (iii) the fol-
lowing:
‘‘(iv) fraud, or any scheme to defraud,
committed against a foreign government or
foreign governmental entity;
‘‘(v) bribery of a public official, or the
misappropriation, theft, or embezzlement
of public funds by or for the benefit of a
public official;
‘‘(vi) smuggling or export control vio-
lations involving munitions listed in the
United States Munitions List or tech-
nologies with military applications as de-
fined in the Commerce Control List of the
Export Administration Regulations; or
‘‘(vii) an offense with respect to which
the United States would be obligated by a
multilateral treaty either to extradite the
alleged offender or to submit the case for
prosecution, if the offender were found
within the territory of the United States.’’;
(2) in subparagraph (D)—
(A) by inserting ‘‘section 541 (relating to
goods falsely classified),’’ before ‘‘section 542’’;
(B) by inserting ‘‘section 924(m) (relating
to firearms trafficking),’’ before ‘‘section 956’’;
(C) by inserting ‘‘section 1030 (relating to
computer fraud and abuse),’’ before ‘‘1032’’;
and
(D) by inserting ‘‘any felony violation of
the Foreign Agents Registration Act of 1938,
as amended,’’ before ‘‘or any felony violation of
the Foreign Corrupt Practices Act’’; and
(3) in subparagraph (E)—
(A) by inserting ‘‘section 42 or 43 of this
title (commonly called the Lacey Act),’’ after ‘‘a
felony violation of’’;
(B) by inserting ‘‘the Clean Air Act (42
U.S.C. 7401 et seq.),’’ after ‘‘the Safe Drinking
Water Act (42 U.S.C. 300f et seq.),’’.
(b) NATIONAL SECURITY.—Section 1956(d) of title
18, United States Code, is amended by adding at the end
the following: ‘‘This section does not apply to any official
conduct by a representative of, or to an action which is
authorized by and conducted on behalf of, the United
States Government.’’.
SEC. 9. CRIMINAL FORFEITURE FOR MONEY LAUNDERING
CONSPIRACIES.
Section 982(a)(1) of title 18, United States Code, is
amended by inserting ‘‘, or a conspiracy to commit any
such offense’’ after ‘‘of this title’’.
SEC. 10. SUBPOENAS FOR BANK RECORDS.
Section 986 of title 18, United States Code, is
amended—
(1) in subsection (a)—