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House Committee on the JudiciaryCrime, Terrorism, Homeland Security, and InvestigationsHouse Permanent Select Committee on IntelligenceIntroducedJuly 30th, 2013
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Privacy Advocate General Act of 2013
To amend the Foreign Intelligence Surveillance Act of 1978 to establish an Office of the Privacy Advocate General.
Privacy Advocate General Act of 2013 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish as an independent office in the executive branch the Office of the Privacy Advocate General, to be headed by the Privacy Advocate General who shall be appointed jointly by the Chief Justice of the United States and the senior Associate Justice for a seven-year term. Requires the Privacy Advocate General to: (1) serve as the opposing counsel with respect to any application by the federal government for an order or directive and any review of a certification or targeting procedures under FISA; and (2) oppose any federal government request for an order or directive under FISA and any certification or targeting procedures and argue the merits of the opposition before the FISA court, including any arguments relating to constitutionality. Authorizes the Privacy Advocate General to: (1) request that the FISA court make publicly available an order, decision, or opinion of the court; and (2) file appeals and petition the Supreme Court for a writ of certiorari. Authorizes a FISA judge, after denying an application by the federal government to permit electronic surveillance, physical searches, and the installation and use of a pen register and trace device, to issue a temporary order allowing such surveillance, searches, and installation pending an appeal by the government, if the judge finds: (1) there is a reasonable argument that such surveillance, search, or installation is permissible; and (2) there are exceptional circumstances and compelling evidence showing that immediate electronic surveillance, physical searches, and installation of pen register and trace devices are necessary to accomplish the government's purpose. Requires the destruction of any information gathered or derived from such electronic surveillance, searches, and installation of pen register and trace devices if the government's application is denied on appeal.