No Trace Act of 2021

To prohibit Federal agencies from obtaining geolocation information without a warrant, and for other purposes. 1. Short title This Act may be cited as the No Trace Act of 2021 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 34 U.S.C. 10381 (2) COPS grant program The term COPS grant program 34 U.S.C. 10381 (3) Connected device The term connected device (4) Federal agency The term Federal agency (5) Geolocation information The term geolocation information (6) Mobile application The term mobile application (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 (8) Online application The term online application (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 (10) United States person The term United States person 50 U.S.C. 1801

Summary: 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.