[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2770 Introduced in Senate (IS)]

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114th CONGRESS
  2d Session
                                S. 2770

   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 SENATE OF THE UNITED STATES

                             April 11, 2016

  Mr. Roberts introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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), (B), and (C) as clauses (i), (ii), 
                and (iii), respectively, and adjusting the margins 
                accordingly;
                    (B) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively, and 
                adjusting the margins accordingly;
                    (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.--
                    ``(A) In general.--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 the officer the call location 
                information, or the best available location 
                information, of a telecommunications device that is--
                            ``(i) used to place a 9-1-1 call requesting 
                        emergency assistance; or
                            ``(ii) reasonably believed to be in the 
                        possession of an individual that the officer 
                        reasonably believes is in an emergency 
                        situation that involves the risk of death or 
                        serious physical harm to the individual.
                    ``(B) 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 a telecommunications carrier, 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 subparagraph (A) and any regulations promulgated 
                under this 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 the term `Investigative or law enforcement officer' in 
        section 2510 of title 18, United States Code.''.
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