Page:United States Statutes at Large Volume 123.djvu/2107

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123STA T . 2 087PUBLIC LA W 111 – 7 9—O CT. 19 , 2009 (3)insect i o n3 127 (2)( A ) ,by st r i k in g‘ ‘ hav ing ju ris d iction over the o f fense being investigated

’ and inserting the fo l lo w ing

‘‘that — ‘‘(i) has jurisdiction over the offense being inves - tigated; ‘‘(ii) is in or for a district in which the p rovider of a wire or electronic co m munication 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 312 4 of this title is located; or ‘‘(iv) is acting on a re q uest for foreign assistance pursuant to section 3 5 12 of this title;’’; (4) in chapter 223, by adding at the end the following: ‘ ‘ §3512.Foreign re qu e st s f or a ssistan c eincri m ina l in v estiga - tions an dp rosecutions ‘‘(a) EXECUTION O FR E Q UE S TFO R ASSIST A NCE . — ‘‘(1) I N G ENERA L .— U pon application, duly authori z ed by an appropriate official of the D epartment of J ustice, of an attorney for the G overnment, a F ederal judge may issue such orders as may be necessary to e x ecute 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) S CO P EOFOR D ERS.—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 C riminal P rocedure; ‘‘( B ) a warrant or order for contents of stored wire or electronic communications or for records related thereto, as provided under section 27 0 3 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) APPOINT M ENT OF PERSONS T OTA K E TESTIMON Y 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) AUT H ORITY 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.