(2) REQUIREMENT FOR EXCEPTION.—If the At-
torney General or top justice official of a State 
makes a determination under paragraph (1), the At-
torney 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 prac-
ticable, but not more than seven days after the At-
torney General or top justice official of a State 
makes such determination. 
(d) EXCEPTION FOR CONDUCTING FOREIGN INTEL-
LIGENCE 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 con-
duct a study on the compliance of each Federal agency 
VerDate Sep 11 2014 
02:15 Jul 13, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3707.IH
H3707
pbinns on DSKJLVW7X2PROD with BILLS
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 Omni-
bus 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 author-
ized 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 ‘‘con-
nected device’’ means a device that is capable of con-
necting 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 in-
formation processed via the internet or obtaining in-
VerDate Sep 11 2014 
02:15 Jul 13, 2021
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3707.IH
H3707
pbinns on DSKJLVW7X2PROD with BILLS
formation from a mobile application, connected de-
vice, or other online application to identify or at-
tempt to identify the identity or geographical loca-
tion of an individual, mobile device, or connected de-
vice. 
(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 de-
vice that transmits data over a wireless 
connection; and 
(B) a service or application offered via a 
connected device. 
(7) MOBILE
DEVICE.—The term ‘‘mobile de-
vice’’ 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 pro-
gram; or 
VerDate Sep 11 2014 
02:15 Jul 13, 2021
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3707.IH
H3707
pbinns on DSKJLVW7X2PROD with BILLS
(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 Is-
lands, 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 Sur-
veillance Act of 1978 (50 U.S.C. 1801). 
Æ 
VerDate Sep 11 2014 
02:15 Jul 13, 2021
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H3707.IH
H3707
pbinns on DSKJLVW7X2PROD with BILLS