[111th Congress Public Law 79]
[From the U.S. Government Printing Office]



[[Page 2085]]

             FOREIGN EVIDENCE REQUEST EFFICIENCY ACT OF 2009

[[Page 123 STAT. 2086]]

Public Law 111-79
111th Congress

                                 An Act


 
    To improve title 18 of the United States Code. <<NOTE: Oct. 19, 
                          2009 -  [S. 1289]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Foreign 
Evidence Request Efficiency Act of 2009.>> 
SECTION 1. <<NOTE: 18 USC 1 note.>> 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'';

[[Page 123 STAT. 2087]]

            (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.

[[Page 123 STAT. 2088]]

    ``(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

[[Page 123 STAT. 2089]]

            (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.''.

    Approved October 19, 2009.

LEGISLATIVE HISTORY--S. 1289:
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CONGRESSIONAL RECORD, Vol. 155 (2009):
            July 10, considered and passed Senate.
            Sept. 30, considered and passed House.

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