Foreign Evidence Request Efficiency Act Of 2009

Floor Speech

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Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I introduced the Foreign Evidence Request Efficiency Act in July with my colleague Representative Dan Lungren from California.

The bill before us today, S. 1289, is an identical companion bill introduced by Senators Whitehouse, Sessions, and Leahy, and passed by the Senate on July 10, 2010. I would like to commend Senator Whitehouse for his leadership on this issue and thank him for the opportunity to work with him, given our shared experience as former Federal prosecutors, to address this matter.

Mr. Speaker, as we know, crime knows no borders. A fraud committed in France may involve banks and financial records located here in the United States. Modern technology links the countries of the world more and more, and the need for international cooperation in fighting crime increases.

The U.S. routinely assists foreign law enforcement agencies in the investigations in the same way that foreign law enforcement entities assist the United States with its investigations. When a foreign law enforcement agency makes a request for evidence in the United States, such as financial records or Internet records or other evidence, U.S. attorneys review the requests and, upon approval, seek warrants for the evidence. When the evidence is collected, it is then transmitted to foreign authorities.

The current process, though, is very cumbersome. Under existing law, international requests for evidence are processed under civil practice rules that require prosecutors to file in every district in which evidence or a witness may be found. For example, evidence sought for one criminal matter may involve financial records housed in banks in several different Federal judicial districts, in several different States, Internet records in more than one district, and other evidence spread over many districts and States. So, under current law, over a dozen different U.S. attorneys' offices could have to work on an evidence request for a single case. Several district courts would also have to be involved. This process is inefficient, it's burdensome, and makes little sense for Federal prosecutors across the country or for the interests of justice.

The Foreign Evidence Request Efficiency Act would rectify this situation by allowing foreign evidence requests to be handled centrally, ideally by one or two U.S. attorney offices. Specifically under the proposal, a legitimate request for assistance can be filed in the District of Columbia, in any of the districts in which any of the several records or witnesses are located, or in any district in which there is a related Federal criminal case already being conducted. Courts will continue to act as gatekeepers to make sure that requests for foreign evidence meet the same standards as those required in domestic cases.

But by streamlining the evidence collection process, the U.S. will be able to more quickly respond to foreign evidence requests. These efforts will assist us with our investigations as foreign authorities will be urged to respond in kind to our evidence requests in a speedy manner.

In addition, the current authority to respond to foreign evidence requests is found in a patchwork of treaties, the inherent power of the courts, and analogous domestic statutes. This legislation would provide clear statutory authority in one place.

The legislation before us is strongly supported by the Department of Justice. The Department believes the changes in this bill will facilitate the ability of the United States to assist in foreign investigations, prosecutions, and related proceedings involving organized crime, trafficking in child pornography, intellectual property violations, identity theft, and all other serious crimes.

Mr. Speaker, the important changes in this bill will greatly improve our crime-fighting abilities and that of our allies. I urge my colleagues to support this important legislation.

Mr. Speaker, I reserve the balance of my time.

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