[Congressional Record Volume 163, Number 157 (Monday, October 2, 2017)]
[Senate]
[Page S6239]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                      Foreign Judicial Proceedings

  Mr. President, on a final note, I wish to express my concern about a 
provision in U.S. law that allows foreign litigants to come into U.S. 
courts and gain access to documents and other evidence for use in 
foreign judicial proceedings.
  Under current provision, 28 U.S.C. 1782, an American citizen can be 
subjected to invasive requests by a foreign entity even when the 
citizen has no ability under the laws of the foreign jurisdiction to 
obtain similar information from the foreign entity itself. This gives 
foreign entities an unfair advantage over their U.S. counterparts.
  Equally problematic, U.S. persons may be compelled under Federal law 
to turn over business information or trade secrets for use in Federal 
judicial proceedings without any guarantee that such information will 
be adequately protected in the foreign jurisdiction. This places U.S. 
businesses at risk and, again, creates an unfair playing field.
  Such unfairness and lack of reciprocity is deeply concerning. Our 
laws should not disadvantage our own citizens and companies. Rather, we 
should ensure a level playing field.
  In the coming weeks, I will be introducing legislation to do just 
that. These are important bills, and these are important ideas. I 
appreciate having this time to be able to express them for the country 
at large.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. SCHATZ. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.