[Congressional Record (Bound Edition), Volume 161 (2015), Part 3]
[Senate]
[Pages 3461-3462]
[From the U.S. Government Publishing Office, www.gpo.gov]




                            KELSEY SMITH ACT

  Mr. ROBERTS. Mr. President, I rise today to speak about my amendment 
to the Justice for Victims of Trafficking bill that would make a minor 
but nevertheless important commonsense update to the current 
telecommunications law to provide law enforcement with access to 
information that should and could help locate individuals in life-or-
death situations. My amendment--identical to the stand-alone 
legislation I plan to reintroduce later this month--is aptly named 
after the young Kansan whose life and bright future was cut short by a 
senseless act of violence and whose case is the inspiration for why we 
desperately need to update this law.
  Almost 8 years ago. On June 2, 2007, 18-year-old Kansan Kelsey 
Smith--a lovely girl--was abducted in broad daylight from an Overland 
Park, KS, parking lot. Kelsey's abduction was captured on the closed 
circuit camera, therefore leaving little doubt of the emergency 
situation.
  Here is the tragedy. Four days after Kelsey disappeared, authorities 
were finally able to locate her body after her wireless provider 
released the ``ping'' or call location information from her cell phone. 
It took 4 days to get that vital information. Providing this 
information as fast as possible is absolutely critical to ensure law 
enforcement officials can rescue victims in imminent danger of death or 
serious physical harm and hopefully prevent future cases similar to 
Kelsey's.
  This amendment is a culmination of years of work between legislatures 
at both the Federal and State level, industry stakeholders, private 
advocates and, most importantly, Kelsey's brave parents who spearheaded 
this initiative and advocated to create commonsense reforms that 
properly balance the needs of law enforcement with the Fourth Amendment 
protections of all citizens.
  Through their advocacy and tireless efforts, Missey and Greg Smith 
have helped enact laws in 17 States, including my home State of Kansas, 
to provide law enforcement with the necessary tools to rescue 
individuals in emergency situations where the threat of death or 
serious bodily injury is imminent.
  The impact of this law at the State level has been real and 
measurable. For example, in May of 2012, 1 month after the enactment of 
the State's version of the Kelsey Smith Act, local authorities in 
Tennessee were successful in saving the life of a child who had been 
abducted by a suspected child rapist. Because the child was believed to 
be in imminent danger, police were able to receive the location of the 
suspect's cell phone in a window of time that led to the safe recovery 
of the child alive and before she was assaulted.
  According to the Center for Missing and Exploited Children, the first 
3 hours are critical to recovering a child alive. This is why it is 
necessary that in these few isolated instances where a person's very 
life is at stake, an exemption should be made to release the 
whereabouts of that individual. Understanding this, my amendment would 
provide law enforcement with the ability to recover the location of 
children and other missing individuals in only very specific emergency 
situations, namely when there is risk of death or serious bodily 
injury, but in order to obtain the location, law enforcement must first 
provide a sworn written statement to the telecommunications

[[Page 3462]]

providers stating the facts that support probable cause to believe that 
disclosure of the location is required to prevent death or serious 
bodily injury. Furthermore, 48 hours after the location is disclosed to 
law enforcement, they must request a court order stating whether such 
agency had probable cause to believe the facts surrounding the rescue 
or recovery were warranted.
  The privacy of every Kansan, and every American for that matter, is 
extremely important and that is why my amendment includes this language 
to put into place safeguards against possible abuses of authority by 
law enforcement. I believe my amendment strikes the appropriate balance 
between the ability for law enforcement to help individuals in grave 
danger while also ensuring that proper checks are in place to guard 
against any overreach by the government.
  Kelsey was never given the opportunity to attend college or get 
married or have children and experience the American dream that many of 
us take for granted every day, but what she did do was inspire her 
mother and father to make it their mission in life to help educate and 
empower communities and children to help prevent another case like this 
from happening again.
  Kelsey's father, Greg, a former law enforcement officer himself and a 
Kansas State Senator representing parts of Johnson County, said it best 
when he quoted Abraham Lincoln to describe what Kelsey had 
accomplished: ``In the end, it's not the years in your life that 
counts. It's the life in your years.''
  I thank my colleagues for the opportunity to speak on the floor 
today, and I would have liked to have offered my commonsense amendment 
that would help prevent tragedies like Kelsey's, so I ask every 
colleague in this body to ask one question: If it were your child, your 
grandchild, your spouse, would you not want law enforcement to have 
immediate access to this information?
  Let's honor Kelsey's memory by passing this legislation whether it is 
stand-alone legislation or in amendment form. I had every intention to 
ask for a vote on my amendment. I believe I would have had my 
colleagues' support on both sides of the aisle. This legislation is 
long overdue and so is the trafficking bill.
  At this time we are grateful for those who use their abilities and 
skills in ways that promote justice and goodwill in our land and to 
promoting the good of every citizen. That is, unfortunately, not 
happening at this time. We have objections from the minority over a 
provision that has been in law for 36 years.
  This is delay again for Kelsey Smith and amendments such as mine that 
I think have bipartisan support. In this regard I am frustrated, and I 
think it is shameful.
  I yield the floor.
  It would appear to the Senator from Kansas that there is not a 
quorum.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Rounds). Without objection, it is so 
ordered.

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