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H.R. 4889 (114th): Kelsey Smith Act

The text of the bill below is as of May 23, 2016 (Reported by House Committee).

Source: GPO

IB

Union Calendar No. 450

114th CONGRESS

2d Session

H. R. 4889

[Report No. 114–580]

IN THE HOUSE OF REPRESENTATIVES

March 23, 2016

(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.


1.

Short title

This Act may be cited as the Kelsey Smith Act.

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.

.

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