[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3717 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3717

  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 the risk of death 
                       or serious physical harm.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2009

  Mr. Tiahrt introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 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 the risk of death 
                       or serious physical harm.

    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 ``Kelsey Smith Act''.

SEC. 2. REQUIRED 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:

``SEC. 222A. REQUIRED DISCLOSURE OF CALL LOCATION INFORMATION.

    ``(a) In General.--Notwithstanding section 222, at the request of a 
law enforcement agency, a telecommunications carrier shall provide call 
location information concerning the user of a commercial mobile service 
(as such term is defined in section 332(d)) or the telecommunication 
device of 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 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.
    ``(b) Hold Harmless.--No cause of action shall lie in any court 
against any provider of a commercial mobile service or an IP-enabled 
voice service, its officers, employees, or agents for providing call 
location information under subsection (a) while acting in good faith 
and in accordance with this section and any regulations promulgated 
pursuant to this section.
    ``(c) Definitions.--For the purpose of this section, the terms 
`customer proprietary network information', `public safety answering 
point', and `emergency services' have the meanings for such terms as 
defined in section 222.''.
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