[Congressional Record Volume 161, Number 41 (Wednesday, March 11, 2015)]
[Senate]
[Page S1442]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 289. Mr. ROBERTS (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill S. 178, to provide 
justice for the victims of trafficking; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIRED EMERGENCY DISCLOSURE OF CALL LOCATION 
                   INFORMATION.

       (a) Short Title.--This section may be cited as the ``Kelsey 
     Smith Act''.
       (b) In General.--Title II of the Communications Act of 1934 
     (47 U.S.C. 201 et seq.) is amended by inserting after section 
     222 the following:

     ``SEC. 222A. REQUIRED EMERGENCY 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 if the telecommunications carrier believes that an 
     emergency involving danger of death or serious physical 
     injury to any person or response to a user's call for 
     emergency services requires disclosure without delay of 
     location records relating to the emergency or user request.
       ``(b) Form of Request.--A request for call location 
     information under subsection (a) shall be accompanied by a 
     sworn written statement from the law enforcement agency 
     stating facts that support such agency's probable cause to 
     believe that disclosure without delay is required--
       ``(1) by an emergency involving risk of death or serious 
     physical injury; or
       ``(2) in order to respond to the user's call for emergency 
     services.
       ``(c) 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 
     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 subsection (a) and any 
     regulations promulgated under this section.
       ``(d) Court Order.--Not later than 48 hours after a law 
     enforcement agency makes a request for call location 
     information under subsection (a), the law enforcement agency 
     shall request a court order stating whether such agency had 
     probable cause to believe that the conditions described in 
     subsection (b)(1) or subsection (b)(2) existed at the time of 
     the request under subsection (a).
       ``(e) Definition.--In this section--
       ``(1) the term `emergency services' has the meaning given 
     such term in section 222; and
       ``(2) the term `law enforcement agency' means an agency of 
     the United States, a State, or a political subdivision of a 
     State, authorized by law or by a government agency to engage 
     in or supervise the prevention, detection, investigation, or 
     prosecution of any violation of criminal law.''.
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