[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4889 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 450
114th CONGRESS
  2d Session
                                H. R. 4889

                          [Report No. 114-580]

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 23, 2016

  Mr. Yoder (for himself, Ms. Jenkins of Kansas, Mr. Cleaver, and Mr. 
   Pompeo) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

                              May 23, 2016

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               23, 2016]


_______________________________________________________________________

                                 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.


 


    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 EMERGENCY DISCLOSURE OF CALL LOCATION INFORMATION TO 
              LAW ENFORCEMENT.

    Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (4), by redesignating 
                subparagraphs (A) through (C) as clauses (i) through 
                (iii), respectively;
                    (B) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively;
                    (C) by striking ``Nothing in this section'' and 
                inserting the following:
            ``(1) Permitted disclosures.--Nothing in this section''; 
        and
                    (D) by adding at the end the following:
            ``(2) Required emergency disclosure of call location 
        information to law enforcement.--Notwithstanding subsections 
        (a), (b), and (c), at the request of an investigative or law 
        enforcement officer, a provider of a covered service shall 
        provide to such officer the call location information, or the 
        best available location information, of a telecommunications 
        device that is--
                    ``(A) used to place a 9-1-1 call requesting 
                emergency assistance; or
                    ``(B) reasonably believed to be in the possession 
                of an individual that the law enforcement officer 
                reasonably believes is in an emergency situation that 
                involves the risk of death or serious physical harm to 
                the individual.
            ``(3) 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 provider of a 
        covered service, 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 paragraph (2) and any regulations promulgated 
        under such paragraph.'';
            (2) in subsection (f)(1), by striking ``subsection (d)(4)'' 
        and inserting ``subsection (d)(1)(D)''; and
            (3) in subsection (h), by adding at the end the following:
            ``(8) 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)).
            ``(9) 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.''.
                                                 Union Calendar No. 450

114th CONGRESS

  2d Session

                               H. R. 4889

                          [Report No. 114-580]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 23, 2016

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed