‘‘(A) as otherwise authorized in subsections 
(b) through (h); 
‘‘(B) with the lawful consent of such other 
person; 
‘‘(C) to another person employed or au-
thorized, or whose facilities are used, to forward 
such geolocation information to its destination; 
or 
‘‘(D) which was inadvertently obtained by 
the service provider and which appears to per-
tain to the commission of a crime, if such divul-
gence is made to a law enforcement agency. 
‘‘§ 2603. Prohibition of use as evidence of acquired 
geolocation information 
‘‘Whenever any geolocation information has been ac-
quired, no part of such information and no evidence de-
rived therefrom may be received in evidence in any trial, 
hearing, or other proceeding in or before any court, grand 
jury, department, officer, agency, regulatory body, legisla-
tive committee, or other authority of the United States, 
a State, or a political subdivision thereof if the disclosure 
of that information would be in violation of this chapter. 
‘‘§ 2604. Emergency situation exception 
‘‘(a) EMERGENCY
SITUATION
EXCEPTION.—Not-
withstanding any other provision of this chapter, any in-
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vestigative or law enforcement officer, specially designated 
by the Attorney General, the Deputy Attorney General, 
the Associate Attorney General, or by the principal pros-
ecuting attorney of any State or subdivision thereof acting 
pursuant to a statute of that State, may intercept 
geolocation information if— 
‘‘(1) such officer reasonably determines that an 
emergency situation exists that— 
‘‘(A) involves— 
‘‘(i) immediate danger of death or se-
rious physical injury to any person; 
‘‘(ii) conspiratorial activities threat-
ening the national security interest; or 
‘‘(iii) conspiratorial activities char-
acteristic of organized crime; and 
‘‘(B) requires geolocation information be 
intercepted before an order authorizing such 
interception can, with due diligence, be ob-
tained; 
‘‘(2) there are grounds upon which an order 
could be entered to authorize such interception; and 
‘‘(3) an application for an order approving such 
interception is made within 48 hours after the inter-
ception has occurred or begins to occur. 
‘‘(b) FAILURE TO OBTAIN COURT ORDER.— 
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‘‘(1) TERMINATION
OF
ACQUISITION.—In the 
absence of an order, an interception of geolocation 
information carried out under subsection (a) shall 
immediately terminate when the information sought 
is obtained or when the application for the order is 
denied, whichever is earlier. 
‘‘(2) PROHIBITION ON USE AS EVIDENCE.—In 
the event such application for approval is denied, the 
geolocation information shall be treated as having 
been obtained in violation of this chapter and an in-
ventory shall be served on the person named in the 
application. 
‘‘§ 2605. Recovery of civil damages authorized 
‘‘(a) IN GENERAL.—Any person whose geolocation 
information is intercepted, disclosed, or intentionally used 
in violation of this chapter may in a civil action recover 
from the person, other than the United States, which en-
gaged in that violation such relief as may be appropriate. 
‘‘(b) RELIEF.—In an action under this section, ap-
propriate relief includes— 
‘‘(1) such preliminary and other equitable or 
declaratory relief as may be appropriate; 
‘‘(2) damages under subsection (c) and punitive 
damages in appropriate cases; and 
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‘‘(3) a reasonable attorney’s fee and other liti-
gation costs reasonably incurred. 
‘‘(c) COMPUTATION OF DAMAGES.—The court may 
assess as damages under this section whichever is the 
greater of— 
‘‘(1) the sum of the actual damages suffered by 
the plaintiff and any profits made by the violator as 
a result of the violation; or 
‘‘(2) statutory damages of whichever is the 
greater of $100 a day for each day of violation or 
$10,000. 
‘‘(d) DEFENSE.—It is a complete defense against any 
civil or criminal action brought against an individual for 
conduct in violation of this chapter if such individual acted 
in a good faith reliance on— 
‘‘(1) a court warrant or order, a grand jury 
subpoena, a legislative authorization, or a statutory 
authorization; 
‘‘(2) a request of an investigative or law en-
forcement officer under section 2604; or 
‘‘(3) a good-faith determination that an excep-
tion under section 2602 permitted the conduct com-
plained of. 
‘‘(e) LIMITATION.—A civil action under this section 
may not be commenced later than two years after the date 
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upon which the claimant first has a reasonable oppor-
tunity to discover the violation. 
‘‘(f) ADMINISTRATIVE DISCIPLINE.—If a court or ap-
propriate department or agency determines that the 
United States or any of its departments or agencies has 
violated any provision of this chapter, and the court or 
appropriate department or agency finds that the cir-
cumstances surrounding the violation raise serious ques-
tions about whether or not an officer or employee of the 
United States acted willfully or intentionally with respect 
to the violation, the department or agency shall, upon re-
ceipt of a true and correct copy of the decision and find-
ings of the court or appropriate department or agency 
promptly initiate a proceeding to determine whether dis-
ciplinary action against the officer or employee is war-
ranted. If the head of the department or agency involved 
determines that disciplinary action is not warranted, such 
head shall notify the Inspector General with jurisdiction 
over the department or agency concerned and shall provide 
the Inspector General with the reasons for such deter-
mination. 
‘‘(g) IMPROPER DISCLOSURE IS VIOLATION.—Any 
willful disclosure or use by an investigative or law enforce-
ment officer or governmental entity of information beyond 
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the extent permitted by this chapter is a violation of this 
chapter for purposes of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
for part 1 of title 18, United States Code, is amended by 
inserting after the item relating to chapter 119 the fol-
lowing: 
‘‘120. Geolocation information ................................................................ 2601’’. 
(c) CONFORMING AMENDMENTS.—Section 3512(a) of 
title 18, United States Code, is amended— 
(1) in paragraph (2)— 
(A) by redesignating subparagraphs (B), 
(C), and (D) as subparagraphs (C), (D), and 
(E), respectively; and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) a warrant or order for geolocation in-
formation or records related thereto, as pro-
vided under section 2602 of this title;’’. 
SEC. 3. REQUIREMENT FOR SEARCH WARRANTS TO AC-
QUIRE GEOLOCATION INFORMATION. 
Rule 41(a) of the Federal Rules of Criminal Proce-
dure is amended— 
(1) in paragraph (2)(A), by striking the period 
at the end and inserting a comma and ‘‘including 
geolocation information.’’; and 
(2) by adding at the end the following: 
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(b) CONFORMING AMENDMENTS.— 
(1) 
DEFINITION
AMENDMENTS.—Section 
1039(h)(1) of title 18, United States Code, is 
amended— 
(A) in the paragraph heading, by inserting 
‘‘OR GPS’’ after ‘‘PHONE’’; and 
(B) in the matter preceding subparagraph 
(A), by inserting ‘‘or GPS’’ after ‘‘phone’’. 
(2) CONFORMING AMENDMENTS.—Section 1039 
of title 18, United States Code, is amended— 
(A) in the section heading by inserting ‘‘or 
GPS’’ after ‘‘phone’’; 
(B) in subsection (a)— 
(i) in the matter preceding paragraph 
(1), by inserting ‘‘or GPS’’ after ‘‘phone’’; 
and 
(ii) in paragraph (4), by inserting ‘‘or 
GPS’’ after ‘‘phone’’; 
(C) in subsection (b)— 
(i) in the subsection heading, by in-
serting ‘‘OR GPS’’ after ‘‘PHONE’’; 
(ii) in paragraph (1), by inserting ‘‘or 
GPS’’ after ‘‘phone’’ both places that term 
appears; and 
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(iii) in paragraph (2), by inserting ‘‘or 
GPS’’ after ‘‘phone’’; and 
(D) in subsection (c)— 
(i) in the subsection heading, by in-
serting ‘‘OR GPS’’ after ‘‘PHONE’’; 
(ii) in paragraph (1), by inserting ‘‘or 
GPS’’ after ‘‘phone’’ both places that term 
appears; and 
(iii) in paragraph (2), by inserting ‘‘or 
GPS’’ after ‘‘phone’’. 
(3) CHAPTER ANALYSIS.—The table of sections 
for chapter 47 of title 18, United States Code, is 
amended by striking the item relating to section 
1039 and inserting the following: 
‘‘1039. Fraud and related activity in connection with obtaining confidential 
phone or GPS records information of a covered entity.’’. 
(c) SENTENCING GUIDELINES.— 
(1) REVIEW AND AMENDMENT.—Not later than 
180 days after the date of enactment of this Act, the 
United States Sentencing Commission, pursuant to 
its authority under section 994 of title 28, United 
States Code, and in accordance with this section, 
shall review and, if appropriate, amend the Federal 
sentencing guidelines and policy statements applica-
ble to persons convicted of any offense under section 
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1039 of title 18, United States Code, as amended by 
this section. 
(2) AUTHORIZATION.—The United States Sen-
tencing Commission may amend the Federal sen-
tencing guidelines in accordance with the procedures 
set forth in section 21(a) of the Sentencing Act of 
1987 (28 U.S.C. 994 note) as though the authority 
under that section had not expired. 
SEC. 5. STATEMENT OF EXCLUSIVE MEANS OF ACQUIRING 
GEOLOCATION INFORMATION. 
(a) IN GENERAL.—No person may acquire the 
geolocation information of a person for protective activities 
or law enforcement or intelligence purposes except pursu-
ant to a warrant issued pursuant to rule 41 of the Federal 
Rules of Criminal Procedure, as amended by section 3, 
or the amendments made by this Act, or the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801). 
(b) GEOLOCATION INFORMATION DEFINED.—In this 
section, the term ‘‘geolocation information’’ has the mean-
ing given that term in section 2601 of title 18, United 
States Code, as amended by section 2. 
Æ 
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