HR 1312 · 113th Congress 2013–2015, ended

GPS Act

Latest action · Apr 15, 2013 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 21, 2013
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Geolocational Privacy and Surveillance Act or the GPS Act - Amends the federal criminal code to prohibit intentionally: (1) intercepting geolocation information pertaining to another person; (2) disclosing to any other person such information pertaining to another, knowing that the information was obtained in violation of this Act; (3) using geolocation information, knowing that the information was obtained in violation of this Act; or (4) disclosing to any other person the geolocation information pertaining to another person intercepted by means authorized under this Act, knowing that the information was obtained in connection with a criminal investigation, having obtained or received information in connection with a criminal investigation, with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation. Sets penalties for violations.

Makes specified exceptions for interceptions involving: (1) information acquired by a provider of covered services (electronic communication service, remote computing service, or geolocation information service) in the normal course of business; (2) federal officers, employees, or agents conducting foreign intelligence surveillance; (3) persons having given prior consent; (4) public information; (5) emergency information; (6) theft; and (7) a warrant.

Prohibits: (1) a person providing covered services from intentionally divulging geolocation information pertaining to another person, with exceptions; and (2) the use of such information, and evidence derived from it, as evidence. Authorizes: (1) the use of geolocation information by investigative or law enforcement officers, or by a state's principal prosecuting attorney, to intercept such information under specified emergency circumstances; and (2) the recovery of civil damages by any person whose geolocation information is intercepted, disclosed, or intentionally used in violation of this Act.

Modifies the Federal Rules of Criminal Procedure to require a search warrant to acquire geolocation information.

Amends the federal criminal code to include any geolocation information service within the definition of a "covered entity" for purposes of provisions prohibiting obtaining confidential phone records information from such an entity by fraud or related activity.

Directs the United States Sentencing Commission to review the federal sentencing guidelines and policy statements applicable to persons convicted of fraud and related activity in connection with obtaining certain confidential phone records information.

Prohibits acquiring geolocation information of a person for protective activities or law enforcement or intelligence purposes except pursuant to a warrant issued under the Federal Rules of Criminal Procedure or the Foreign Intelligence Surveillance Act.

Cosponsors 20

Members who signed on, in the order they did. Signatures ran from Mar 21, 2013 to Dec 10, 2014; 10 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-MEChellie PingreeOriginalMar 21, 2013
R-WIF. James Sensenbrenner, Jr.OriginalMar 21, 2013
D-COJared PolisOriginalMar 21, 2013
D-MIJohn Conyers, Jr.OriginalMar 21, 2013
D-ORPeter A. DeFazioOriginalMar 21, 2013
D-VTPeter WelchOriginalMar 21, 2013
D-CASam FarrOriginalMar 21, 2013
R-OHSteve ChabotOriginalMar 21, 2013
R-TXTed PoeOriginalMar 21, 2013
D-CAZoe LofgrenOriginalMar 21, 2013
D-OREarl BlumenauerMar 25, 2013
D-AZRaúl M. GrijalvaMar 25, 2013
R-SCTrey GowdyApr 11, 2013
D-WASuzan K. DelBeneApr 12, 2013
R-ILRodney DavisApr 16, 2013
D-MEMichael H. MichaudSep 20, 2013
R-AKDon YoungFeb 11, 2014
R-OHJim JordanMar 11, 2014
D-CAMichael M. HondaMar 11, 2014
D-NYJerrold NadlerDec 10, 2014

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Mar 21, 2013
Crime and Federal Government Surveillance Subcommittee
Referred Apr 15, 2013
HouseIntelligence (Permanent Select) Committee
Referred Mar 21, 2013

Actions 3

Everything that happened, newest first.

  1. Apr 15, 2013Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
  2. Mar 21, 2013Introduced in House
  3. Mar 21, 2013Referred to the Committee on the Judiciary, and in addition to the Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

In the Congressional Record 1

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H7569Jason Chaffetz R-UTDec 9, 2013

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8, Clauses 1 and 3, and the 4th and 14th Amendment to the U.S. Constitution

The sponsor’s statement, as printed in the page H1826.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 113-34ELECTRONIC COMMUNICATIONS PRIVACY ACT (ECPA) (PART II): GEOLOCATION PRIVACY AND SURVEILLANCE167 pagesJudiciary CommitteeApr 25, 2013

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

Related bills 2

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 639GPS ActRelated billMar 21, 2013
HR 983Online Communications and Geolocation Protection ActRelated billApr 8, 2013

Titles 3

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend title 18, United States Code, to specify the circumstances in which a person may acquire geolocation information and for other purposes.
Short Titles as Introduced
Geolocational Privacy and Surveillance Act
GPS Act

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 1

Each version as it was printed, newest first.

  1. Mar 21, 2013Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.