Foreign Evidence Request Efficiency Act of 2009
PL 111-79 (S.1289), enacted 10/19/2009

123 STAT. 2086 
PUBLIC LAW 111–79—OCT. 19, 2009 
Public Law 111–79 
111th Congress 
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 Effi-
ciency 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 inves-
tigated; 
‘‘(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 war-
rants; and’’; 
18 USC 1 note. 
Foreign Evidence 
Request 
Efficiency Act of 
2009. 
Oct. 19, 2009 
[S. 1289] 
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123 STAT. 2087 
PUBLIC LAW 111–79—OCT. 19, 2009 
(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 inves-
tigated; 
‘‘(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 investiga-
tions 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 STATE-
MENTS.— 
‘‘(1) IN GENERAL.—In response to an application for execu-
tion 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 state-
ments 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 docu-
ments or other things. 
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123 STAT. 2088 
PUBLIC LAW 111–79—OCT. 19, 2009 
‘‘(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 execu-
tion 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 defini-
tions 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 Proce-
dure. 
‘‘(2) FOREIGN
AUTHORITY.—The term ‘foreign authority’ 
means a foreign judicial authority, a foreign authority respon-
sible 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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123 STAT. 2089 
PUBLIC LAW 111–79—OCT. 19, 2009 
LEGISLATIVE HISTORY—S. 1289: 
CONGRESSIONAL RECORD, Vol. 155 (2009): 
July 10, considered and passed Senate. 
Sept. 30, considered and passed House. 
(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. 
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