‘‘(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 
VerDate Mar 15 2010 
22:30 Mar 27, 2013
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1312.IH
H1312
srobinson on DSK4SPTVN1PROD with BILLS
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 
VerDate Mar 15 2010 
22:30 Mar 27, 2013
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1312.IH
H1312
srobinson on DSK4SPTVN1PROD with BILLS
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: 
VerDate Mar 15 2010 
22:30 Mar 27, 2013
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1312.IH
H1312
srobinson on DSK4SPTVN1PROD with BILLS
‘‘(F) ‘Geolocation information’ has the 
meaning given that term in section 2601 of title 
18, United States Code.’’. 
SEC. 4. FRAUD AND RELATED ACTIVITY IN CONNECTION 
WITH OBTAINING GEOLOCATION INFORMA-
TION. 
(a) CRIMINAL VIOLATION.—Section 1039(h) of title 
18, United States Code, is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting a semicolon and 
‘‘and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) includes any geolocation information 
service.’’; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) GEOLOCATION
INFORMATION
SERVICE.— 
The term ‘geolocation information service’ has the 
meaning given that term in section 2601.’’. 
VerDate Mar 15 2010 
22:30 Mar 27, 2013
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1312.IH
H1312
srobinson on DSK4SPTVN1PROD with BILLS
(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 
VerDate Mar 15 2010 
22:30 Mar 27, 2013
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1312.IH
H1312
srobinson on DSK4SPTVN1PROD with BILLS
(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 
VerDate Mar 15 2010 
22:30 Mar 27, 2013
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1312.IH
H1312
srobinson on DSK4SPTVN1PROD with BILLS
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 
VerDate Mar 15 2010 
22:30 Mar 27, 2013
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6301
E:\BILLS\H1312.IH
H1312
srobinson on DSK4SPTVN1PROD with BILLS