113 HR 1575 RH: Kelsey Smith Act U.S. House of Representatives 2013-04-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB Union Calendar No. 560 113th CONGRESS 2d Session H. R. 1575 [Report No. 113–729, Part I] IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Yoder (for himself, Mr. Pompeo, Ms. Jenkins, and Mr. Cleaver) introduced the following bill; which was referred to the Committee on Energy and Commerce January 2, 2015 Reported with amendments and referred to the Committee on the Judiciary for a period ending not later than January 2, 2015, for consideration of such provisions of the bill and amendments as fall within the jurisdiction of that committee pursuant to clause 1(l) of rule X Strike out all after the enacting clause and insert the part printed in italic January 2, 2015 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on April 15, 2013 A BILL To amend the Communications Act of 1934 to require a provider of a commercial mobile service or an IP-enabled voice service to provide call location information concerning the user of such a service to law enforcement agencies in order to respond to a call for emergency services or in an emergency situation that involves risk of death or serious physical harm.

1.

Short title

This Act may be cited as the Kelsey Smith Act.

2.

Required emergency disclosure of call location information

(a)

In general

Title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by inserting after section 222 the following:

222A.

Required emergency disclosure of call location information

(a)

In general

Notwithstanding section 222, at the request of an investigative or law enforcement officer in accordance with this section, a provider of a covered service shall provide call location information concerning the telecommunications device of a user of such service to such officer. (b)

Form of request

A request to a provider of a covered service by an investigative or law enforcement officer for call location information under subsection (a) shall be accompanied by a sworn written statement from such officer stating facts that support such officer’s probable cause to believe that disclosure without delay is required— (1)by an emergency involving risk of death or serious physical injury; or (2)in order to respond to the user’s call for emergency services. (c)

Hold harmless

No cause of action shall lie in any court nor shall any civil or administrative proceeding be commenced by a governmental entity against any telecommunications carrier, or its directors, officers, employees, agents, or vendors, for providing in good faith call location information or other information, facilities, or assistance in accordance with subsection (a) and any regulations promulgated under this section. (d)

Court order

Not later than 48 hours after an investigative or law enforcement officer makes a request for call location information under subsection (a), the law enforcement agency of such officer shall request a court order stating whether such officer had probable cause to believe that the conditions described in subsection (b)(1) or subsection (b)(2) existed at the time of the request under subsection (a). (e)

Definitions

In this section: (1)

Covered service

The term covered service means— (A)a commercial mobile service (as defined in section 332); or (B)an IP-enabled voice service (as defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b)). (2)

Emergency services

The term emergency services has the meaning given such term in section 222. (3)

Investigative or law enforcement officer

The term investigative or law enforcement officer has the meaning given such term in section 2510 of title 18, United States Code.

. (b)

Regulations

Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall, after public notice and comment, adopt regulations to implement section 222A(a) of the Communications Act of 1934, as added by subsection (a).

Amend the title so as to read: A bill to amend the Communications Act of 1934 to require providers of a covered service to provide call location information concerning the telecommunications device of a user of such service to an investigative or law enforcement officer in an emergency situation involving risk of death or serious physical injury or in order to respond to the user’s call for emergency services.. January 2, 2015 Reported with amendments and referred to the Committee on the Judiciary for a period ending not later than January 2, 2015, for consideration of such provisions of the bill and amendments as fall within the jurisdiction of that committee pursuant to clause 1(l) of rule X January 2, 2015 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed