I 

111TH CONGRESS 

1ST SESSION H. R. 3803 

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 

OCTOBER 13, 2009 

Mr. TIAHRT (for himself and Mr. MOORE of Kansas) introduced the following 

bill; which was referred to the Committee on Energy and Commerce, and 

in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such 

provisions as fall within the jurisdiction of the committee concerned 

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. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 SEC. 2. REQUIRED DISCLOSURE OF CALL INFORMATION 

4 LOCATION. 

5 Title II of the Communications Act of 1934 (47 

6 U.S.C. 201) is amended by inserting after section 222 the 

7 following new section: 

8 ‘‘SEC. 222A. REQUIRED DISCLOSURE OF CALL LOCATION IN9 FORMATION. 

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

11 the request of a law enforcement agency, a telecommuni12 cations carrier shall provide call location information con13 cerning the user of a commercial mobile service (as such 

14 term is defined in section 332(d)) or the telecommuni15 cations device of the user of an IP-enabled voice service 

16 (as such term is defined in section 7 of the Wireless Com17 munications and Public Safety Act of 1999 (47 U.S.C. 

18 615b)) to a law enforcement official, in order to respond 

19 to the user’s call for emergency services or to respond to 

20 an emergency situation that involves the risk of death or 

21 serious physical harm. 

22 ‘‘(b) HOLD HARMLESS.—No cause of action shall lie 

23 in any court against any provider of a commercial mobile 

24 service or an IP-enabled voice service, its officers, employ25 ees, or agents for providing call location information under 

26 subsection (a) while acting in good faith and in accordance 


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1 with this section and any regulations promulgated pursu2 ant to this section. 

3 ‘‘(c) DEFINITIONS.—For the purpose of this section, 

4 the terms ‘customary proprietary network information’, 

5 ‘public safety answering point’, and ‘emergency services’ 

6 have the meanings for such terms as defined in section 

7 222.’’. 

8 SEC. 3. TRAINING LAW ENFORCEMENT TO USE CALL LOCA9 TION INFORMATION. 

10 (a) PROGRAM.—Not later than 6 months after the 

11 date of the enactment of this Act, the Attorney General 

12 under the Byrne Law Enforcement Grant Program and 

13 administered by the Office of Justice Programs, shall pro14 vide education and training, on a periodic basis, to State 

15 and local law enforcement agencies and officials to assist 

16 such agencies and officials with— 

17 (1) understanding the provisions of Federal law 

18 (including section 222A of the Communications Act 

19 of 1934, as added by this Act) with respect to the 

20 ability of law enforcement to request and obtain call 

21 location information of a user of a commercial mo22 bile service from a telecommunications carrier to re23 spond to the user’s call for emergency services or to 

24 respond to an emergency situation that involves the 

25 risk of death or serious physical harm; and 


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1 (2) developing and disseminating procedures to 

2 ensure that such agencies and officers have the nec3 essary contact information available to promptly re4 quest and obtain call location information from tele5 communications carriers in the circumstances de6 scribed in paragraph (1). 

7 (b) DEFINITIONS.—In this section— 

8 (1) the term ‘‘commercial mobile service’’ has 

9 the meaning given such term in section 332(d) of 

10 the Communications Act of 1934 (47 U.S.C. 

11 332(d)); and 

12 (2) the term ‘‘telecommunications carrier’’ has 

13 the meaning given such term in section 3 of such 

14 Act (47 U.S.C. 153). 

Æ 


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