I 111th CONGRESS 1st Session H. R. 3682 IN THE HOUSE OF REPRESENTATIVES September 30, 2009 Mr. Moore of Kansas introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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 A BILL To require telecommunications carriers to provide call location information to law enforcement agencies in emergency situations, to authorize education and training for State and local law enforcement agencies and officers with respect to the collection and use of call location information for emergency situations, and for other purposes.

1.

Short title

This Act may be cited as the Kelsey Smith Act of 2009.

2.

Disclosure of call location information

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

222A.

Disclosure of call location information required

(a)

In general

Notwithstanding section 222, at the request of a law enforcement agency, a telecommunications carrier shall promptly provide call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d)) or the user of an IP-enabled voice service (as such term is defined in section 7 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b)) to— (1)a public safety answering point, emergency medical service provider or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility, in order to respond to the user’s call for emergency services or to respond to an emergency situation that involves the risk of death or serious physical harm; or (2)providers of information or database management services solely for purposes of assisting in the delivery of emergency services in response to an emergency. (b)

Access to information

To meet the requirements of subsection (a), a telecommunications carrier may use, disclose, or permit access to customer proprietary network information obtained from its customers, either directly or indirectly through its agents. (c)

Definitions

For the purpose of this section, the terms customer proprietary network information, public safety answering point, and emergency services have the meanings given such terms in section 222.

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3.

Training law enforcement to use call location information

(a)

Program

Not later than 6 months after the date of the enactment of this Act, the Attorney General shall establish a program, to be administered by the Office of Justice Programs, to provide education and training, on a periodic basis, to State and local law enforcement agencies and officials to assist such agencies and officials with— (1)understanding the provisions of Federal law (including section 222A of the Communications Act of 1934, as added by this Act) with respect to the ability of law enforcement to request and obtain call location information of a user of a commercial mobile service from a telecommunications carrier to respond to the user’s call for emergency services or to respond to an emergency situation that involves the risk of death or serious physical harm; and (2)developing and disseminating procedures to ensure that such agencies and officers have the necessary contact information available to promptly request and obtain call location information from telecommunications carriers in the circumstances described in paragraph (1). (b)

Definitions

In this section— (1)the term commercial mobile service has the meaning given such term in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)); (2)the terms customer proprietary network information, public safety answering point, and emergency services have the meanings given such terms in section 222 of such Act (47 U.S.C. 222); and (3)the term telecommunications carrier has the meaning given such term in section 3 of such Act (47 U.S.C. 153).