No Trace Act of 2021
This bill establishes a framework to prohibit federal, state, and local entities from obtaining geolocation information about U.S. persons without a warrant.
At the federal level, it generally prohibits federal agencies from obtaining geolocation information about a U.S. person without first obtaining a warrant. State and local governments must generally have in effect substantially similar policies to be eligible for funds under the Edward Byrne Memorial Justice Assistance Grant program and the Community Oriented Policing Services program.
Additionally, the bill directs the Government Accountability Office to study the compliance of federal agencies and state and local governments.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3707 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3707
To prohibit Federal agencies from obtaining geolocation information
without a warrant, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2021
Ms. Herrera Beutler (for herself, Mr. Correa, Ms. Scanlon, and Mrs.
Spartz) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit Federal agencies from obtaining geolocation information
without a warrant, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Trace Act of 2021''.
SEC. 2. PROHIBITION ON OBTAINING GEOLOCATION INFORMATION.
(a) In General.--Notwithstanding any other provision of law, and
not later than one year after the date of the enactment of this Act,
the head of each Federal agency shall implement a policy prohibiting
such agency from obtaining geolocation information of a United States
person prior to obtaining a warrant issued using the procedures
described in the Federal Rules of Criminal Procedure (or, in the case
of a State court, issued using State warrant procedures), issued under
section 846 of that title, in accordance with regulations prescribed by
the President) by a court of competent jurisdiction.
(b) Limitation on Eligibility for Funds.--Beginning in the first
fiscal year that begins after the date that is one year after the date
of enactment of this Act, a State or unit of local government may not
receive funds under the Byrne grant program or the COPS grant program
for a fiscal year if, on the day before the first day of the fiscal
year, the State or unit of local government does not have in effect a
policy substantially similar to the policy described in subsection (a).
(c) Exception for Threat to Life.--
(1) In general.--Subsections (a) and (b) shall not apply
with respect to a case if the Attorney General or top justice
official of a State determines there is a reasonable belief
that such geolocation information could assist in mitigating or
eliminating an imminent threat to life or serious bodily harm.
(2) Requirement for exception.--If the Attorney General or
top justice official of a State makes a determination under
paragraph (1), the Attorney General or top justice official of
a State shall inform a judge of competent jurisdiction that
such a determination has been made as soon as practicable, but
not more than seven days after the Attorney General or top
justice official of a State makes such determination.
(d) Exception for Conducting Foreign Intelligence Surveillance.--
Notwithstanding any other provision of this Act, it shall not be
unlawful for an officer, employee, or agent of the United States in the
normal course of the official duty of the officer, employee, or agent
to conduct electronic surveillance, as authorized by the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
(e) Applicability.--Subsection (a) shall apply to any request for a
warrant after the date of the enactment of this Act.
(f) GAO Study.--Not later than 90 days after the date of the
enactment of this Act, and annually thereafter, the Comptroller General
of the United States shall conduct a study on the compliance of each
Federal agency and State and local government with the requirements
under subsections (a) and (b).
(g) Definitions.--In this section:
(1) Byrne grant program.--The term ``Byrne grant program''
means the grant program authorized under section 1701 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10381).
(2) COPS grant program.--The term ``COPS grant program''
means the grant program authorized under section 1701 of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10381).
(3) Connected device.--The term ``connected device'' means
a device that is capable of connecting to the internet,
directly or indirectly, or to another connected device.
(4) Federal agency.--The term ``Federal agency'' means each
instrumentality of the Federal Government.
(5) Geolocation information.--The term ``geolocation
information'' means the process or technique of identifying the
geographical location of a person or connected device by means
of digital information processed via the internet or obtaining
information from a mobile application, connected device, or
other online application to identify or attempt to identify the
identity or geographical location of an individual, mobile
device, or connected device.
(6) Mobile application.--The term ``mobile application''
includes--
(A) a software program that runs on the operating
system of--
(i) a cellular telephone;
(ii) a tablet computer; or
(iii) a similar portable computing device
that transmits data over a wireless connection;
and
(B) a service or application offered via a
connected device.
(7) Mobile device.--The term ``mobile device'' means a
piece of portable electronic equipment that can connect to the
internet, including a smartphone or tablet computer.
(8) Online application.--The term ``online application''
includes--
(A) an internet-connected software program; or
(B) a service or application located on or utilized
by a connected device.
(9) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
possession of the United States.
(10) United states person.--The term ``United States
person'' has the meaning given such term in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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