I 
113TH CONGRESS 
1ST SESSION H. R. 2849 
To amend the Foreign Intelligence Surveillance Act of 1978 to establish 
an Office of the Privacy Advocate General. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 30, 2013 
Mr. LYNCH introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Select Committee on Intelligence 
(Permanent Select), for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend the Foreign Intelligence Surveillance Act of 1978 
to establish an Office of the Privacy Advocate General. 
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 ‘‘Privacy Advocate Gen-
eral Act of 2013’’. 
SEC. 2. OFFICE OF THE PRIVACY ADVOCATE GENERAL. 
(a) ESTABLISHMENT.—The Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended 
by adding at the end the following new title: 
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(3) by striking ‘‘petition of the United States’’ 
and inserting ‘‘petition’’. 
SEC. 3. AUTHORITY DURING APPEALS PROCESS. 
(a) ELECTRONIC SURVEILLANCE.—Section 105 of 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1805) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(i)(1) In any case where a judge denies an applica-
tion under this section and the Government expresses an 
intent to appeal that denial, the judge may temporarily 
authorize the emergency employment of electronic surveil-
lance pending such appeal if the judge finds— 
‘‘(A) there is a reasonable argument that the 
electronic surveillance is permissible; and 
‘‘(B) there are exceptional circumstances and 
compelling evidence showing that immediate elec-
tronic surveillance is necessary to accomplish the 
purpose of the electronic surveillance. 
‘‘(2) In any case where a judge authorizes the emer-
gency employment of electronic surveillance pending ap-
peal under paragraph (1) and the application by the Gov-
ernment is denied on appeal, any information gathered or 
derived from such electronic surveillance shall be de-
stroyed and no such information may be received in evi-
dence or otherwise disclosed in any trial, hearing, or other 
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proceeding in or before any court, grand jury, department, 
office, agency, regulatory body, legislative committee, or 
other authority of the United States, a State, or political 
subdivision thereof, and no information concerning any 
United States person acquired from such surveillance shall 
subsequently be used or disclosed in any other manner by 
Federal officers or employees without the consent of such 
person.’’. 
(b) PHYSICAL SEARCH.—Section 304 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1824) is 
amended by adding at the end the following new sub-
section: 
‘‘(f)(1) In any case where a judge denies an applica-
tion under this section and the Government expresses an 
intent to appeal that denial, the judge may temporarily 
authorize the emergency employment of physical search 
pending such appeal if the judge finds— 
‘‘(A) there is a reasonable argument that the 
physical search is permissible; and 
‘‘(B) there are exceptional circumstances and 
compelling evidence showing that an immediate 
physical search is necessary to accomplish the pur-
pose of the physical search. 
‘‘(2) In any case where a judge authorizes the emer-
gency employment of a physical search pending appeal 
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under paragraph (1) and the application by the Govern-
ment is denied on appeal, any information gathered or de-
rived from such physical search shall be destroyed and no 
such information may be received in evidence or otherwise 
disclosed in any trial, hearing, or other proceeding in or 
before any court, grand jury, department, office, agency, 
regulatory body, legislative committee, or other authority 
of the United States, a State, or political subdivision 
thereof, and no information concerning any United States 
person acquired from such physical search shall subse-
quently be used or disclosed in any other manner by Fed-
eral officers or employees without the consent of such per-
son.’’. 
(c) PEN REGISTER AND TRAP AND TRACE.—Section 
403 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1843) is amended by adding at the end the 
following new subsection: 
‘‘(d)(1) In any case where a judge denies an applica-
tion under this section and the Government expresses an 
intent to appeal that denial, the judge may temporarily 
authorize installation and use of a pen register or trap 
and trace device on an emergency basis pending such ap-
peal if the judge finds— 
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‘‘(A) there is a reasonable argument that the 
installation and use of a pen register or trap and 
trace device is permissible; and 
‘‘(B) there are exceptional circumstances and 
compelling evidence showing that immediate installa-
tion and use of a pen register or trap and trace de-
vice is necessary to accomplish the purpose of the in-
stallation and use of such pen register or trap and 
trace device. 
‘‘(2) In any case where a judge authorizes the instal-
lation and use of a pen register or trap and trace device 
on an emergency basis pending appeal under paragraph 
(1) and the application by the Government is denied on 
appeal, any information gathered or derived from such in-
stallation and use of a pen register or trap and trace de-
vice shall be destroyed and no such information may be 
received in evidence or otherwise disclosed in any trial, 
hearing, or other proceeding in or before any court, grand 
jury, department, office, agency, regulatory body, legisla-
tive committee, or other authority of the United States, 
a State, or political subdivision thereof, and no informa-
tion concerning any United States person acquired from 
such installation and use of a pen register or trap and 
trace device shall subsequently be used or disclosed in any 
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other manner by Federal officers or employees without the 
consent of such person.’’. 
Æ 
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