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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1575 Reported in House (RH)]

                                                 Union Calendar No. 560
113th CONGRESS
  2d Session
                                H. R. 1575

                      [Report No. 113-729, Part I]

  To amend the Communications Act of 1934 to require a provider of a 
  commercial mobile service or an IP-enabled voice service to provide 
call location information concerning the user of such a service to law 
   enforcement agencies in order to respond to a call for emergency 
 services or in an emergency situation that involves risk of death or 
                         serious physical harm.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2013

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

                            January 2, 2015

Reported with amendments and referred to the Committee on the Judiciary 
 for a period ending not later than January 2, 2015, for consideration 
   of such provisions of the bill and amendments as fall within the 
    jurisdiction of that committee pursuant to clause 1(l) of rule X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            January 2, 2015

 The Committee on the Judiciary discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               15, 2013]

_______________________________________________________________________

                                 A BILL

 
  To amend the Communications Act of 1934 to require a provider of a 
  commercial mobile service or an IP-enabled voice service to provide 
call location information concerning the user of such a service to law 
   enforcement agencies in order to respond to a call for emergency 
 services or in an emergency situation that involves risk of death or 
                         serious physical harm.

 

    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.

    (a) 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 
an investigative or law enforcement officer in accordance with this 
section, a provider of a covered service shall provide call location 
information concerning the telecommunications device of a user of such 
service to such officer.
    ``(b) Form of Request.--A request to a provider of a covered 
service by an investigative or law enforcement officer for call 
location information under subsection (a) shall be accompanied by a 
sworn written statement from such officer stating facts that support 
such officer'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 an investigative 
or law enforcement officer makes a request for call location 
information under subsection (a), the law enforcement agency of such 
officer shall request a court order stating whether such officer 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) Definitions.--In this section:
            ``(1) 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)).
            ``(2) Emergency services.--The term `emergency services' 
        has the meaning given such term in section 222.
            ``(3) 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.''.
    (b) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Federal Communications Commission shall, 
after public notice and comment, adopt regulations to implement section 
222A(a) of the Communications Act of 1934, as added by subsection (a).
            Amend the title so as to read: ``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.''.
                                                 Union Calendar No. 560

113th CONGRESS

  2d Session

                               H. R. 1575

                      [Report No. 113-729, Part I]

_______________________________________________________________________

                                 A BILL

  To amend the Communications Act of 1934 to require a provider of a 
  commercial mobile service or an IP-enabled voice service to provide 
call location information concerning the user of such a service to law 
   enforcement agencies in order to respond to a call for emergency 
 services or in an emergency situation that involves risk of death or 
                         serious physical harm.

_______________________________________________________________________

                            January 2, 2015

Reported with amendments and referred to the Committee on the Judiciary 
 for a period ending not later than January 2, 2015, for consideration 
   of such provisions of the bill and amendments as fall within the 
    jurisdiction of that committee pursuant to clause 1(l) of rule X

                            January 2, 2015

 The Committee on the Judiciary discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
```