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’’; 
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(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: 

‘‘§ 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. 
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‘‘(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 
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(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.