[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1289 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1289
To improve title 18 of the United States Code.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2009
Mr. Whitehouse (for himself, Mr. Sessions, and Mr. Leahy) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
_______________________________________________________________________
A BILL
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.''.
<all>