IB 

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] 

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•HR 1575 RH

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. 

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•HR 1575 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Kelsey Smith Act’’. 

5 SEC. 2. REQUIRED EMERGENCY DISCLOSURE OF CALL LO6 CATION INFORMATION. 

7 (a) IN GENERAL.—Title II of the Communications Act 

8 of 1934 (47 U.S.C. 201 et seq.) is amended by inserting 

9 after section 222 the following: 

10 ‘‘SEC. 222A. REQUIRED EMERGENCY DISCLOSURE OF CALL 

11 LOCATION INFORMATION. 

12 ‘‘(a) IN GENERAL.—Notwithstanding section 222, at 

13 the request of an investigative or law enforcement officer 

14 in accordance with this section, a provider of a covered serv15 ice shall provide call location information concerning the 

16 telecommunications device of a user of such service to such 

17 officer. 

18 ‘‘(b) FORM OF REQUEST.—A request to a provider of 

19 a covered service by an investigative or law enforcement of20 ficer for call location information under subsection (a) shall 

21 be accompanied by a sworn written statement from such 

22 officer stating facts that support such officer’s probable 

23 cause to believe that disclosure without delay is required— 

24 ‘‘(1) by an emergency involving risk of death or 

25 serious physical injury; or 

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•HR 1575 RH

1 ‘‘(2) in order to respond to the user’s call for 

2 emergency services. 

3 ‘‘(c) HOLD HARMLESS.—No cause of action shall lie 

4 in any court nor shall any civil or administrative pro5 ceeding be commenced by a governmental entity against 

6 any telecommunications carrier, or its directors, officers, 

7 employees, agents, or vendors, for providing in good faith 

8 call location information or other information, facilities, or 

9 assistance in accordance with subsection (a) and any regu10 lations promulgated under this section. 

11 ‘‘(d) COURT ORDER.—Not later than 48 hours after 

12 an investigative or law enforcement officer makes a request 

13 for call location information under subsection (a), the law 

14 enforcement agency of such officer shall request a court 

15 order stating whether such officer had probable cause to be16 lieve that the conditions described in subsection (b)(1) or 

17 subsection (b)(2) existed at the time of the request under 

18 subsection (a). 

19 ‘‘(e) DEFINITIONS.—In this section: 

20 ‘‘(1) COVERED SERVICE.—The term ‘covered 

21 service’ means— 

22 ‘‘(A) a commercial mobile service (as de23 fined in section 332); or 

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•HR 1575 RH

1 ‘‘(B) an IP-enabled voice service (as defined 

2 in section 7 of the Wireless Communications and 

3 Public Safety Act of 1999 (47 U.S.C. 615b)). 

4 ‘‘(2) EMERGENCY SERVICES.—The term ‘emer5 gency services’ has the meaning given such term in 

6 section 222. 

7 ‘‘(3) INVESTIGATIVE OR LAW ENFORCEMENT OF8 FICER.—The term ‘investigative or law enforcement 

9 officer’ has the meaning given such term in section 

10 2510 of title 18, United States Code.’’. 

11 (b) REGULATIONS.—Not later than 180 days after the 

12 date of the enactment of this Act, the Federal Communica13 tions Commission shall, after public notice and comment, 

14 adopt regulations to implement section 222A(a) of the Com15 munications 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.’’. 

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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 reserious physical harm. emergency situation that involves risk of death or respond to a call for emergency services or in an service to law enforcement agencies in order to cation information concerning the user of such a or an IP-enabled voice service to provide call lo- quire a provider of a commercial mobile service 

JANUARY 2, 2015 

Reported with amendments and referred to the Comrule X risdiction of that committee pursuant to clause 1(l) of sions of the bill and amendments as fall within the ju- than January 2, 2015, for consideration of such provi- mittee on the Judiciary for a period ending not later 

JANUARY 2, 2015 

The Committee on the Judiciary discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 

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