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House Proceeding on Sep 30th, 2009 :: 2:21:10 to 2:25:25
Total video length: 4 hours 40 minutes Stream Tools: Stream Overview | Edit Time

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Adam B. Schiff

2:21:03 to 2:21:23( Edit History Discussion )

Adam B. Schiff: the clerk: senate 128 9, an act to improve title 18 united statecode. the speaker pro tempore: pursuant to the rule, the schiff, and the gentleman from texas, mr. poe, each will control 20 minutes. the chair recognizes the gentleman from california. mr. schiff: i ask unanimous consent that all members may have five legislative days to revise and extend their remarks

Adam B. Schiff

2:21:10 to 2:25:25( Edit History Discussion )
Speech By: Adam B. Schiff

Adam B. Schiff

2:21:24 to 2:21:46( Edit History Discussion )

Adam B. Schiff: and includ extraneous material on the bill under consideration. the speaker pro tempore: without objection. mr. schiff: i yield myself such time as i may consume. the speaker pro tempore: the gentlemais recognized. mr. schiff: mr. speaker, i introduced the foreign evidence request efficiency act in ju with my colleague, representative dan lungren from california. the bill before us today, s. 1289, is an identical companion

Adam B. Schiff

2:21:47 to 2:22:07( Edit History Discussion )

Adam B. Schiff: bill introduced by senators whitehouse, session, and leahy and passed by the senate on july 10, 2009. i'd 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

Adam B. Schiff

2:22:08 to 2:22:28( Edit History Discussion )

Adam B. Schiff: 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

Adam B. Schiff

2:22:29 to 2:22:49( Edit History Discussion )

Adam B. Schiff: same way that foreign law enforcement enties 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. attorneysreview the requests and upon approval seek warrants for the evidence. when the evidence is collected,

Adam B. Schiff

2:22:50 to 2:23:10( Edit History Discussion )

Adam B. Schiff: 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 witness may be found. for example, evidence sought for one criminal matter may involve

Adam B. Schiff

2:23:11 to 2:23:32( Edit History Discussion )

Adam B. Schiff: 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

Adam B. Schiff

2:23:33 to 2:23:54( Edit History Discussion )

Adam B. Schiff: 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 interest of justice. the foreign evidence request efficiency act would rectify this situation by allowing foreign evidence requests to be

Adam B. Schiff

2:23:55 to 2:24:18( Edit History Discussion )

Adam B. Schiff: 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 any district in which there is a related federal criminal case already being conducted.

Adam B. Schiff

2:24:21 to 2:24:43( Edit History Discussion )

Adam B. Schiff: . courts will continue to make sure that these meet the same standards as those required in domestic cases. but by streamling the evidence collection process, the u.s. will be able to more quickly respond to evidence requests. these eah -- efforts will assist us with our investigations as foreign authorities will be urged to

Adam B. Schiff

2:24:44 to 2:25:04( Edit History Discussion )

Adam B. Schiff: respond in kind to our evidence requests in a speedy manner. in addition to current authority to respond to foreign evidence requests that's 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

Adam B. Schiff

2:25:05 to 2:25:25( Edit History Discussion )

Adam B. Schiff: 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, identity theft and all other serious crimes. mr. speaker, the important

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