,i #aacth ,,congress #ast ,session ,h4 ,r4 #bhdi ,,in ,,the ,,house ,,of ,,representatives ,july #cj1 #bjac ,mr4 ,lynch introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,select ,committee on ,intelligence 7,permanent ,select71 for a period to be subsequently determined by the ,speaker1 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 #aigh to establish an ,office of the ,privacy ,advocate ,general4 #a4 ,short title ,this ,act may be cited as the ,privacy ,advocate ,general ,act of #bjac4 #b4 ,office of the ,privacy ,advocate ,general 7a7 ,establishment ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended by adding at the end the following new title3 ,,ix ,privacy ,advocate ,general #ija4 ,privacy ,advocate ,general 7a7 ,office of the ,privacy ,advocate ,general ,there is established an independent office in the ,executive branch to be known as the ,office of the ,privacy ,advocate ,general4 7b7 ,privacy ,advocate ,general 7#a7 ,appointment ,there is a ,privacy ,advocate ,general1 who shall be the head of the ,office of the ,privacy ,advocate ,general1 who shall be appointed jointly by the ,chief ,justice of the ,united ,states and the most senior associate justice of the ,supreme ,court appointed by a ,president that at the time of appointment was a member of a political party other than the political party of the ,president that appointed the ,chief ,justice4 7#b7 ,term ,the ,privacy ,advocate ,general shall serve a term of #g years and may be reappointed in accordance with paragraph 7#a74 7c7 ,duties ,notwithstanding any other provision of this ,act1 the ,privacy ,advocate ,general-- 7#a7 shall serve as the opposing counsel with respect to any application by the ,federal ,government for an order or directive under this ,act and any review of a certification or targeting procedures under this ,act1 including in any proceedings before a court or review of an application1 certification1 or targeting procedures under this ,act that would otherwise be conducted ex parte2 7#b7 shall1 in carrying out paragraph 7#a71 oppose any ,federal ,government request for an order or directive under this ,act and any certification or targeting procedures under this ,act and argue the merits of the opposition before the court concerned1 including any arguments relating to the constitutionality of a provision of law under which the ,federal ,government is seeking an order or directive2 and 7#c7 may request the court established under subsection 7a7 or 7b7 of section #ajc to make publicly available an order1 decision1 or opinion of such court4 7d7 ,appeals ,the ,privacy ,advocate ,general may-- 7#a7 appeal a decision of the court established under subsection 7a7 of section #ajc to the court established under subsection 7b7 of such section2 and 7#b7 petition the ,supreme ,court for a writ of certiorari for review of a decision of the court established under section #ajc7;b74 7e7 ,staff ,the ,privacy ,advocate ,general shall appoint such staff of the ,office of the ,privacy ,advocate ,general as the ,privacy ,advocate ,general considers necessary to carry out the duties of the ,privacy ,advocate ,general4 7f7 ,security clearance ,the ,president shall ensure that the ,privacy ,advocate ,general and the staff of the ,office of the ,privacy ,advocate ,general appointed under subsection 7b7 possess appropriate security clearances to carry out the duties of the ,privacy ,advocate ,general under this section4 4 7b7 ,table of contents amendment ,the table of contents in the first section of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja note7 is amended by adding at the end the following new items3 ,title ,,ix--,privacy ,advocate ,general ,sec4 #ija4 ,privacy ,advocate ,general4 4 7c7 ,conforming amendment ,section #ajc7;b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;b77 is amended-- 7#a7 by striking review the denial and inserting review the approval or denial2 7#b7 by striking properly denied and inserting properly approved or denied1 as the case may be2 and 7#c7 by striking petition of the ,united ,states and inserting petition4 #c4 ,authority during appeals process 7a7 ,electronic surveillance ,section #aje of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahje7 is amended by adding at the end the following new subsection3 7i7 7#a7 ,in any case where a judge denies an application under this section and the ,government expresses an intent to appeal that denial1 the judge may temporarily authorize the emergency employment of electronic surveillance pending such appeal if the judge finds-- 7,a7 there is a reasonable argument that the electronic surveillance is permissible2 and 7,b7 there are exceptional circumstances and compelling evidence showing that immediate electronic surveillance is necessary to accomplish the purpose of the electronic surveillance4 7#b7 ,in any case where a judge authorizes the emergency employment of electronic surveillance pending appeal under paragraph 7#a7 and the application by the ,government is denied on appeal1 any information gathered or derived from such electronic surveillance shall be destroyed and no such information may be received in evidence or otherwise disclosed in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof1 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 person4 4 7b7 ,physical search ,section #cjd of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahbd7 is amended by adding at the end the following new subsection3 7f7 7#a7 ,in any case where a judge denies an application under this section and the ,government expresses an intent to appeal that denial1 the judge may temporarily authorize the emergency employment of physical search pending such appeal if the judge finds-- 7,a7 there is a reasonable argument that the physical search is permissible2 and 7,b7 there are exceptional circumstances and compelling evidence showing that an immediate physical search is necessary to accomplish the purpose of the physical search4 7#b7 ,in any case where a judge authorizes the emergency employment of a physical search pending appeal under paragraph 7#a7 and the application by the ,government is denied on appeal1 any information gathered or derived from such physical search shall be destroyed and no such information may be received in evidence or otherwise disclosed in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof1 and no information concerning any ,united ,states person acquired from such physical search shall subsequently be used or disclosed in any other manner by ,federal officers or employees without the consent of such person4 4 7c7 ,pen register and trap and trace ,section #djc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdc7 is amended by adding at the end the following new subsection3 7d7 7#a7 ,in any case where a judge denies an application under this section and the ,government expresses an intent to appeal that denial1 the judge may temporarily authorize installation and use of a pen register or trap and trace device on an emergency basis pending such appeal if the judge finds-- 7,a7 there is a reasonable argument that the installation and use of a pen register or trap and trace device is permissible2 and 7,b7 there are exceptional circumstances and compelling evidence showing that immediate installation and use of a pen register or trap and trace device is necessary to accomplish the purpose of the installation and use of such pen register or trap and trace device4 7#b7 ,in any case where a judge authorizes the installation and use of a pen register or trap and trace device on an emergency basis pending appeal under paragraph 7#a7 and the application by the ,government is denied on appeal1 any information gathered or derived from such installation and use of a pen register or trap and trace device shall be destroyed and no such information may be received in evidence or otherwise disclosed in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof1 and no information 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 other manner by ,federal officers or employees without the consent of such person4 4