I 
111TH CONGRESS 
1ST SESSION H. R. 3133 
To improve title 18 of the United States Code. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 8, 2009 
Mr. SCHIFF (for himself and Mr. DANIEL E. LUNGREN of California) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To improve title 18 of the United States Code. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Evidence Re-
quest 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’’ 
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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 war-
rant’’ 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 geo-
graphic 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— 
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‘‘(i) has jurisdiction over the offense 
being investigated; 
‘‘(ii) is in or for a district in which the 
provider of a wire or electronic communica-
tion 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 jurisdic-
tion 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 communica-
tion 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 
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‘‘(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 au-
thorized by an appropriate official of the Depart-
ment 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 au-
thority for assistance in the investigation or prosecu-
tion of criminal offenses, or in proceedings related to 
the prosecution of criminal offenses, including pro-
ceedings regarding forfeiture, sentencing, and res-
titution. 
‘‘(2) SCOPE OF ORDERS.—Any order issued by 
a Federal judge pursuant to paragraph (1) may in-
clude the issuance of— 
‘‘(A) a search warrant, as provided under 
rule 41 of the Federal Rules of Criminal Proce-
dure; 
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‘‘(B) a warrant or order for contents of 
stored wire or electronic communications or for 
records related thereto, as provided under sec-
tion 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 TESTI-
MONY OR STATEMENTS.— 
‘‘(1) IN GENERAL.—In response to an applica-
tion for execution of a request from a foreign au-
thority 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— 
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‘‘(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 re-
ceive documents or other things. 
‘‘(c) FILING
OF REQUESTS.—Except as provided 
under subsection (d), an application for execution of a re-
quest 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 ap-
pearance 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, doc-
uments, 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 applica-
tion for execution of a request for a search warrant from 
a foreign authority under this section, other than an appli-
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