I 111th CONGRESS 1st Session H. R. 3717 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.

1.

Short title

This Act may be cited as the Kelsey Smith Act.

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:

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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