18 U.S.C. § 3512 — Foreign requests for assistance in crimi-

Page 785 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3512 carries on business, or may be found, to compel compliance with the request. The court may issue an order requiring the person or entity to comply with the request. Any failure to obey the order of the court may be punished by the court as contempt thereof. Any process under this sec- tion may be served in any judicial district in which the person or entity may be found. (d) In all proceedings under this section, sub- ject to any right to an open hearing in a con- tempt proceeding, the court must close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for records, a report, or other information made to any per- son or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947. Petitions, filings, records, orders, and subpoenas must also be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a re- quest for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947. (e) In all proceedings under this section, the court shall, upon request of the government, re- view ex parte and in camera any government submission or portions thereof, which may in- clude classified information. (Added Pub. L. 109–177, title I, § 115(2), Mar. 9, 2006, 120 Stat. 211; amended Pub. L. 114–23, title V, § 502(g), June 2, 2015, 129 Stat. 288.) Editorial Notes REFERENCES IN TEXT Sections 626(a), (b) and 627(a) of the Fair Credit Re- porting Act, referred to in subsecs. (a), (c), and (d), are classified to sections 1681u(a), (b) and 1681v(a), respec- tively, of Title 15, Commerce and Trade. Section 1114(a)(5)(A) of the Right to Financial Pri- vacy Act, referred to in subsecs. (a), (c), and (d), prob- ably means section 1114(a)(5)(A) of the Right to Finan- cial Privacy Act of 1978, which is classified to section 3414(a)(5)(A) of Title 12, Banks and Banking. Section 802(a) of the National Security Act of 1947, re- ferred to in subsecs. (a), (c), and (d), is classified to sec- tion 3162(a) of Title 50, War and National Defense. AMENDMENTS 2015—Subsec. (b). Pub. L. 114–23 added subsec. (b) and struck out former subsec. (b) which related to petitions for court orders modifying or setting aside a nondisclo- sure requirement imposed in connection with a request for records, reports, or other information. Statutory Notes and Related Subsidiaries REPORTS ON NATIONAL SECURITY LETTERS Pub. L. 109–177, title I, § 118, Mar. 9, 2006, 120 Stat. 217, as amended by Pub. L. 114–23, title VI, § 602(c), June 2, 2015, 129 Stat. 294, provided that: ‘‘(a) EXISTING REPORTS.—Any report made to a com- mittee of Congress regarding national security letters under section 2709(c)(1) of title 18, United States Code, section 626(d) or 627(c) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the Right to Financial Privacy Act [of 1978] (12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or section 802(b) of the National Security Act of 1947 (50 U.S.C. 436(b) [now 50 U.S.C. 3162(b)]) shall also be made to the Committees on the Judiciary of the House of Rep- resentatives and the Senate. ‘‘(b) ENHANCED OVERSIGHT OF FAIR CREDIT REPORTING ACT COUNTERTERRORISM NATIONAL SECURITY LETTER.— [Amended section 1681v of Title 15, Commerce and Trade.] ‘‘(c) REPORT ON REQUESTS FOR NATIONAL SECURITY LETTERS.— ‘‘(1) IN GENERAL.—In April of each year, the Attor- ney General shall submit to Congress an aggregate report setting forth with respect to the preceding year the total number of requests made by the De- partment of Justice for information concerning dif- ferent persons under— ‘‘(A) section 2709 of title 18, United States Code (to access certain communication service provider records); ‘‘(B) section 1114 of the Right to Financial Pri- vacy Act [of 1978] (12 U.S.C. 3414) (to obtain finan- cial institution customer records); ‘‘(C) section 802 of the National Security Act of 1947 (50 U.S.C. 436) [now 50 U.S.C. 3162] (to obtain fi- nancial information, records, and consumer re- ports); ‘‘(D) section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (to obtain certain financial infor- mation and consumer reports); and ‘‘(E) section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) (to obtain credit agency consumer records for counterterrorism investigations). ‘‘(2) CONTENT.— ‘‘(A) IN GENERAL.—Except as provided in subpara- graph (B), each report required under this sub- section shall include a good faith estimate of the total number of requests described in paragraph (1) requiring disclosure of information concerning— ‘‘(i) United States persons; and ‘‘(ii) persons who are not United States persons. ‘‘(B) EXCEPTION.—With respect to the number of requests for subscriber information under section 2709 of title 18, United States Code, a report re- quired under this subsection need not separate the number of requests into each of the categories de- scribed in subparagraph (A). ‘‘(3) UNCLASSIFIED FORM.—The report under this sec- tion shall be submitted in unclassified form. ‘‘(d) NATIONAL SECURITY LETTER DEFINED.—In this section, the term ‘national security letter’ means a re- quest for information under one of the following provi- sions of law: ‘‘(1) Section 2709(a) of title 18, United States Code (to access certain communication service provider records). ‘‘(2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act [of 1978] (12 U.S.C. 3414(a)(5)(A)) (to ob- tain financial institution customer records). ‘‘(3) Section 802 of the National Security Act of 1947 (50 U.S.C. 436) [now 50 U.S.C. 3162] (to obtain financial information, records, and consumer reports). ‘‘(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (to obtain certain financial information and consumer reports). ‘‘(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) (to obtain credit agency consumer records for counterterrorism investigations).’’ § 3512. Foreign requests for assistance in crimi- nal investigations and prosecutions (a) EXECUTION OF REQUEST FOR ASSISTANCE.— (1) IN GENERAL.—Upon application, duly au- thorized by an appropriate official of the De- partment of Justice, of an attorney for the Government, a Federal judge may issue such orders as may be necessary to execute a re- quest from a foreign authority for assistance Page 786 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3521 in the investigation or prosecution of criminal offenses, or in proceedings related to the pros- ecution of criminal offenses, including pro- ceedings 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 Pro- cedure; (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 testi- mony or a statement, or requiring the pro- duction 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 authority as described under subsection (a), a Federal judge may also issue an order appoint- ing a person to direct the taking of testimony or statements or of the production of docu- ments or other things, or both. (2) AUTHORITY OF APPOINTED PERSON.—Any person appointed under an order issued pursu- ant 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 re- ceive documents or other things. (c) FILING OF REQUESTS.—Except as provided under subsection (d), an application for execu- tion 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 pro- duced are located; (2) in cases in which the request seeks the appearance of persons or production of docu- ments or things that may be located in mul- tiple 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 re- lated Federal criminal investigation or pros- ecution is being conducted, or in the District of Columbia. (d) SEARCH WARRANT LIMITATION.—An applica- tion for execution of a request for a search war- rant 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 per- son to be searched is located. (e) SEARCH WARRANT STANDARD.—A Federal judge may issue a search warrant under this sec- tion only if the foreign offense for which the evi- dence is sought involves conduct that, if com- mitted in the United States, would be consid- ered 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 war- rant 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 for- eign authority or an interested person from ob- taining 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 Pro- cedure. (2) FOREIGN AUTHORITY.—The term ‘‘foreign authority’’ means a foreign judicial authority, a foreign authority responsible for the inves- tigation 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 assist- ance pursuant to an agreement or treaty with the United States regarding assistance in criminal matters. (Added Pub. L. 111–79, § 2(4), Oct. 19, 2009, 123 Stat. 2087.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsecs. (a)(2)(A) and (h)(1), are set out in the Appen- dix to this title. CHAPTER 224—PROTECTION OF WITNESSES Sec. 3521. Witness relocation and protection. 3522. Probationers and parolees. 3523. Civil judgments. 3524. Child custody arrangements. 3525. Victims Compensation Fund. 3526. Cooperation of other Federal agencies and State governments; reimbursement of ex- penses. 3527. Additional authority of Attorney General. 3528. Definition. Editorial Notes AMENDMENTS 1990—Pub. L. 101–647, title XXXV, § 3581, Nov. 29, 1990, 104 Stat. 4929, substituted ‘‘State governments; reim- bursement of expenses’’ for ‘‘State governments’’ in item 3526. § 3521. Witness relocation and protection (a)(1) The Attorney General may provide for the relocation and other protection of a witness or a potential witness for the Federal Govern- ment or for a State government in an official proceeding concerning an organized criminal ac- tivity or other serious offense, if the Attorney General determines that an offense involving a crime of violence directed at the witness with