[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3803 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3803

  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.


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                    IN THE HOUSE OF REPRESENTATIVES

                            October 13, 2009

    Mr. Tiahrt (for himself and 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 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.

    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 INFORMATION LOCATION.

    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 telecommunications 
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 law enforcement official, 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 
`customary proprietary network information', `public safety answering 
point', and `emergency services' have the meanings for such terms as 
defined in section 222.''.

SEC. 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 under the Byrne Law 
Enforcement Grant Program and administered by the Office of Justice 
Programs, shall 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)); and
            (2) the term ``telecommunications carrier'' has the meaning 
        given such term in section 3 of such Act (47 U.S.C. 153).
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