II 111th CONGRESS 1st Session S. 1686 IN THE SENATE OF THE UNITED STATES September 17, 2009 Mr. Feingold (for himself, Mr. Durbin, Mr. Tester, Mr. Udall of New Mexico, Mr. Bingaman, Mr. Sanders, Mr. Akaka, Mr. Wyden, Mr. Menendez, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To place reasonable safeguards on the use of surveillance and other authorities under the USA PATRIOT Act, and for other purposes.

1.

Short title

This Act may be cited as the Judicious Use of Surveillance Tools In Counterterrorism Efforts Act of 2009 or the JUSTICE Act.

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Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—Reasonable safeguards to protect the privacy of Americans’ records Sec. 101. National security letter authority. Sec. 102. Judicial review of National Security Letters. Sec. 103. National Security Letter compliance program and tracking database. Sec. 104. Public reporting on National Security Letters. Sec. 105. Emergency disclosures. Sec. 106. Least intrusive means. Sec. 107. Privacy protections for section 215 business records orders. Sec. 108. Technical and conforming amendments. TITLE II—Reasonable safeguards to protect the privacy of Americans’ homes Sec. 201. Limitation on authority to delay notice of search warrants. TITLE III—Reasonable safeguards to protect the privacy of Americans’ communications Sec. 301. Limitations on roving wiretaps under Foreign Intelligence Surveillance Act. Sec. 302. Privacy protections for pen registers and trap and trace devices. Sec. 303. Repeal of telecommunications immunity. Sec. 304. Prohibition on bulk collection under FISA Amendments Act. Sec. 305. Prohibition on reverse targeting under FISA Amendments Act. Sec. 306. Limits on use of unlawfully obtained information under FISA Amendments Act. Sec. 307. Privacy protections for international communications of Americans collected under FISA Amendments Act. Sec. 308. Clarification of computer trespass authority. TITLE IV—Improvements to further congressional and judicial oversight Sec. 401. Public reporting on the Foreign Intelligence Surveillance Act. Sec. 402. Use of Foreign Intelligence Surveillance Act materials. Sec. 403. Challenges to nationwide orders for electronic evidence. TITLE V—Improvements to further effective, focused investigations Sec. 501. Modification of definition of domestic terrorism. Sec. 502. Clarification of intent requirement.