I 
111TH CONGRESS 
1ST SESSION H. R. 4005 
To place reasonable safeguards on the use of surveillance and other authorities 
under the USA PATRIOT Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 3, 2009 
Mr. HOLT introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committees on Financial Services 
and Select Intelligence (Permanent Select), for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To place reasonable safeguards on the use of surveillance 
and other authorities under the USA PATRIOT Act, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Judicious Use of Sur-
veillance Tools In Counterterrorism Efforts Act of 2009’’ 
or ‘‘JUSTICE Act’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
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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 Surveil-
lance 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. 
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TITLE 
I—REASONABLE 
SAFE-
GUARDS TO PROTECT THE 
PRIVACY 
OF 
AMERICANS’ 
RECORDS 
SEC. 101. NATIONAL SECURITY LETTER AUTHORITY. 
(a) NATIONAL SECURITY LETTER AUTHORITY FOR 
COMMUNICATIONS SUBSCRIBER RECORDS.— 
(1) IN
GENERAL.—Section 2709 of title 18, 
United States Code, is amended to read as follows: 
‘‘§ 2709. National Security Letter for communications 
subscriber records 
‘‘(a) AUTHORIZATION.— 
‘‘(1) IN GENERAL.—The Director of the Fed-
eral Bureau of Investigation, or a designee of the 
Director whose rank shall be no lower than Deputy 
Assistant Director at Bureau headquarters or Spe-
cial Agent in Charge in a Bureau field office, may 
issue in writing and cause to be served on a wire or 
electronic communications service provider a Na-
tional Security Letter requiring the production of— 
‘‘(A) the name of a customer or subscriber; 
‘‘(B) the address of a customer or sub-
scriber; 
‘‘(C) the length of the provision of service 
by the provider to a customer or subscriber (in-
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cluding start date) and the types of service used 
by the customer or subscriber; 
‘‘(D) the telephone number or instrument 
number, or other subscriber number or identi-
fier, of a customer or subscriber, including any 
temporarily assigned network address; 
‘‘(E) the means and sources of payment 
for service by the provider (including any credit 
card or bank account number); 
‘‘(F) information about any service or mer-
chandise orders relating to the communications 
service of a customer or subscriber, including 
any shipping information and vendor locations; 
and 
‘‘(G) the name and contact information, if 
available, of any other wire or electronic com-
munications service providers facilitating the 
communications of a customer or subscriber. 
‘‘(2) LIMITATION.—A National Security Letter 
issued under this subsection may not require the 
production of local or long distance telephone 
records or electronic communications transactional 
information not listed in paragraph (1). 
‘‘(b) REQUIREMENTS.— 
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‘‘(1) IN GENERAL.—A National Security Letter 
shall not be issued under subsection (a) unless— 
‘‘(A) the records sought are relevant to an 
ongoing and authorized national security inves-
tigation (other than an assessment); and 
‘‘(B) there are specific and articulable 
facts providing reason to believe that the 
records pertain to a foreign power or suspected 
agent of a foreign power. 
‘‘(2) INVESTIGATION.—For purposes of this 
section, an ongoing and authorized national security 
investigation— 
‘‘(A) is an investigation conducted under 
guidelines approved by the Attorney General 
and in accordance with Executive Order 12333 
(or any successor order); 
‘‘(B) shall not be conducted with respect to 
a United States person upon the basis of activi-
ties protected by the First Amendment to the 
Constitution of the United States; and 
‘‘(C) shall be specifically identified and re-
corded by an official issuing a National Security 
Letter under subsection (a). 
‘‘(3) CONTENTS.—A National Security Letter 
issued under subsection (a) shall— 
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‘‘(A) describe the records to be produced 
with sufficient particularity to permit the 
records to be fairly identified; 
‘‘(B) include the date on which the records 
shall be provided, which shall allow a reasonable 
period of time within which the records can be 
assembled and made available; 
‘‘(C) provide clear and conspicuous notice 
of the principles and procedures set forth in 
this section and section 3511 of this title, in-
cluding notification of any nondisclosure re-
quirement under subsection (c), the right to 
contest the National Security Letter or applica-
ble nondisclosure requirements and procedures 
for doing so, and a statement laying out the 
rights and responsibilities of the recipient; and 
‘‘(D) not contain any requirement that 
would be held to be unreasonable if contained 
in a subpoena duces tecum issued by a court of 
the United States in aid of a grand jury inves-
tigation or require the production of any docu-
mentary evidence that would be privileged from 
disclosure if demanded by a subpoena duces 
tecum issued by a court of the United States in 
aid of a grand jury investigation. 
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‘‘(4) RETENTION OF RECORDS.—The Director 
of the Federal Bureau of Investigation shall direct 
that a signed copy of each National Security Letter 
issued under subsection (a) be retained in the data-
base required to be established under section 103 of 
the JUSTICE Act. 
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(1) IN GENERAL.— 
‘‘(A) IN
GENERAL.—If a certification is 
issued under subparagraph (B) and notice of 
the right to judicial review under paragraph (4) 
is provided, no wire or electronic communica-
tion service provider, or officer, employee, or 
agent thereof, who receives a National Security 
Letter issued under subsection (a), shall dis-
close to any person the particular information 
specified in the certification during the time pe-
riod to which the certification applies, which 
may be not longer than 1 year. 
‘‘(B) CERTIFICATION.—The requirements 
of subparagraph (A) shall apply if the Director 
of the Federal Bureau of Investigation, or a 
designee of the Director whose rank shall be no 
lower than Deputy Assistant Director at Bu-
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reau headquarters or a Special Agent in Charge 
of a Bureau field office, certifies that— 
‘‘(i) there is reason to believe that dis-
closure of particular information about the 
existence or contents of a National Secu-
rity Letter issued under subsection (a) 
during the applicable time period will re-
sult in— 
‘‘(I) endangering the life or phys-
ical safety of any person; 
‘‘(II) flight from prosecution; 
‘‘(III) destruction of or tam-
pering with evidence; 
‘‘(IV) intimidation of potential 
witnesses; 
‘‘(V) interference with diplomatic 
relations; or 
‘‘(VI) otherwise seriously endan-
gering the national security of the 
United States by alerting a target, an 
associate of a target, or the foreign 
power of which the target is an agent, 
of the interest of the Government in 
the target; 
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