No Trace Act of 2021
Bill: H.R.3707 | Sponsor: Rep. Herrera Beutler, Jaime (R-WA)
Policy area: Crime and Law Enforcement

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.

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).
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