[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1289 Enrolled Bill (ENR)]
S.1289
One Hundred Eleventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and nine
An Act
To improve title 18 of the United States Code.
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 ``Foreign Evidence Request Efficiency
Act of 2009''.
SEC. 2. IMPROVEMENTS TO TITLE 18.
Title 18 of the United States Code is amended--
(1) in section 2703--
(A) in subsection (a), by striking ``by a court with
jurisdiction over the offense under investigation or an
equivalent State warrant'' and inserting ``(or, in the case of
a State court, issued using State warrant procedures) by a
court of competent jurisdiction'';
(B) in subsection (b)(1)(A), by striking ``by a court with
jurisdiction over the offense under investigation or an
equivalent State warrant'' and inserting ``(or, in the case of
a State court, issued using State warrant procedures) by a
court of competent jurisdiction''; and
(C) in subsection (c)(1)(A), by striking ``by a court with
jurisdiction over the offense under investigation or an
equivalent State warrant'' and inserting ``(or, in the case of
a State court, issued using State warrant procedures) by a
court of competent jurisdiction'';
(2) in section 2711(3), by striking ``has the meaning assigned
by section 3127, and includes any Federal court within that
definition, without geographic limitation; and'' and inserting the
following: ``includes--
``(A) any district court of the United States (including a
magistrate judge of such a court) or any United States court of
appeals that--
``(i) has jurisdiction over the offense being
investigated;
``(ii) is in or for a district in which the provider of
a wire or electronic communication service is located or in
which the wire or electronic communications, records, or
other information are stored; or
``(iii) is acting on a request for foreign assistance
pursuant to section 3512 of this title; or
``(B) a court of general criminal jurisdiction of a State
authorized by the law of that State to issue search warrants;
and'';
(3) in section 3127(2)(A), by striking ``having jurisdiction
over the offense being investigated;'' and inserting the following:
``that--
``(i) has jurisdiction over the offense being
investigated;
``(ii) is in or for a district in which the provider of
a wire or electronic communication service is located;
``(iii) is in or for a district in which a landlord,
custodian, or other person subject to subsections (a) or
(b) of section 3124 of this title is located; or
``(iv) is acting on a request for foreign assistance
pursuant to section 3512 of this title;'';
(4) in chapter 223, by adding at the end the following:
``Sec. 3512. Foreign requests for assistance in criminal investigations
and prosecutions
``(a) Execution of Request for Assistance.--
``(1) In general.--Upon application, duly authorized by an
appropriate official of the Department of Justice, of an attorney
for the Government, a Federal judge may issue such orders as may be
necessary to execute a request from a foreign authority for
assistance in the investigation or prosecution of criminal
offenses, or in proceedings related to the prosecution of criminal
offenses, including proceedings regarding forfeiture, sentencing,
and restitution.
``(2) Scope of orders.--Any order issued by a Federal judge
pursuant to paragraph (1) may include the issuance of--
``(A) a search warrant, as provided under Rule 41 of the
Federal Rules of Criminal Procedure;
``(B) a warrant or order for contents of stored wire or
electronic communications or for records related thereto, as
provided under section 2703 of this title;
``(C) an order for a pen register or trap and trace device
as provided under section 3123 of this title; or
``(D) an order requiring the appearance of a person for the
purpose of providing testimony or a statement, or requiring the
production of documents or other things, or both.
``(b) Appointment of Persons To Take Testimony or Statements.--
``(1) In general.--In response to an application for execution
of a request from a foreign authority as described under subsection
(a), a Federal judge may also issue an order appointing a person to
direct the taking of testimony or statements or of the production
of documents or other things, or both.
``(2) Authority of appointed person.--Any person appointed
under an order issued pursuant to paragraph (1) may--
``(A) issue orders requiring the appearance of a person, or
the production of documents or other things, or both;
``(B) administer any necessary oath; and
``(C) take testimony or statements and receive documents or
other things.
``(c) Filing of Requests.--Except as provided under subsection (d),
an application for execution of a request from a foreign authority
under this section may be filed--
``(1) in the district in which a person who may be required to
appear resides or is located or in which the documents or things to
be produced are located;
``(2) in cases in which the request seeks the appearance of
persons or production of documents or things that may be located in
multiple districts, in any one of the districts in which such a
person, documents, or things may be located; or
``(3) in any case, the district in which a related Federal
criminal investigation or prosecution is being conducted, or in the
District of Columbia.
``(d) Search Warrant Limitation.--An application for execution of a
request for a search warrant from a foreign authority under this
section, other than an application for a warrant issued as provided
under section 2703 of this title, shall be filed in the district in
which the place or person to be searched is located.
``(e) Search Warrant Standard.--A Federal judge may issue a search
warrant under this section only if the foreign offense for which the
evidence is sought involves conduct that, if committed in the United
States, would be considered an offense punishable by imprisonment for
more than one year under Federal or State law.
``(f) Service of Order or Warrant.--Except as provided under
subsection (d), an order or warrant issued pursuant to this section may
be served or executed in any place in the United States.
``(g) Rule of Construction.--Nothing in this section shall be
construed to preclude any foreign authority or an interested person
from obtaining assistance in a criminal investigation or prosecution
pursuant to section 1782 of title 28, United States Code.
``(h) Definitions.--As used in this section, the following
definitions shall apply:
``(1) Federal judge.--The terms `Federal judge' and `attorney
for the Government' have the meaning given such terms for the
purposes of the Federal Rules of Criminal Procedure.
``(2) Foreign authority.--The term `foreign authority' means a
foreign judicial authority, a foreign authority responsible for the
investigation or prosecution of criminal offenses or for
proceedings related to the prosecution of criminal offenses, or an
authority designated as a competent authority or central authority
for the purpose of making requests for assistance pursuant to an
agreement or treaty with the United States regarding assistance in
criminal matters.''; and
(5) in the table of sections for chapter 223, by adding at the
end the following:
``3512. Foreign requests for assistance in criminal investigations and
prosecutions.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.