Sec. 3. Authority during appeals process
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/bill/113/hr/2849/ih/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 105 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1805 ) is amended by adding at the end the following new subsection: In any case where a judge denies an application under this section and the Government expresses an intent to appeal that denial, the judge may temporarily authorize the emergency employment of electronic surveillance pending such appeal if the judge finds— there is a reasonable argument that the electronic surveillance is permissible; and there are exceptional circumstances and compelling evidence showing that immediate electronic surveillance is necessary to accomplish the purpose of the electronic surveillance.
In any case where a judge authorizes the emergency employment of electronic surveillance pending appeal under paragraph
(1)and the application by the Government is denied on appeal, 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 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 surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person. . 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 subsection: In any case where a judge denies an application 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— there is a reasonable argument that the physical search is permissible; and there are exceptional circumstances and compelling evidence showing that an immediate physical search is necessary to accomplish the purpose of the physical search. In any case where a judge authorizes the emergency employment of a physical search pending appeal under paragraph
(1)and the application by the Government is denied on appeal, 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 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 subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person. . 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: In any case where a judge denies an application 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 appeal if the judge finds— there is a reasonable argument that the installation and use of a pen register or trap and trace device is permissible; and 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 device. 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
(1)and the application by the Government is denied on appeal, 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 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 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 person. .
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