I 

111TH CONGRESS 

1ST SESSION H. R. 3682 

To require telecommunications carriers to provide call location information 

to law enforcement agencies in emergency situations, to authorize education and training for State and local law enforcement agencies and 

officers with respect to the collection and use of call location information 

for emergency situations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 30, 2009 

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 require telecommunications carriers to provide call location information to law enforcement agencies in emergency situations, to authorize education and training for 

State and local law enforcement agencies and officers 

with respect to the collection and use of call location 

information for emergency situations, and for other purposes. 

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 of 

3 2009’’. 

4 SEC. 2. DISCLOSURE OF CALL LOCATION INFORMATION. 

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. DISCLOSURE OF CALL LOCATION INFORMA9 TION REQUIRED. 

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

11 the request of a law enforcement agency, a telecommuni12 cations carrier shall promptly provide call location infor13 mation concerning the user of a commercial mobile service 

14 (as such term is defined in section 332(d)) or the user 

15 of an IP-enabled voice service (as such term is defined 

16 in section 7 of the Wireless Communications and Public 

17 Safety Act of 1999 (47 U.S.C. 615b)) to— 

18 ‘‘(1) a public safety answering point, emergency 

19 medical service provider or emergency dispatch pro20 vider, public safety, fire service, or law enforcement 

21 official, or hospital emergency or trauma care facil22 ity, in order to respond to the user’s call for emer23 gency services or to respond to an emergency situa24 tion that involves the risk of death or serious phys25 ical harm; or 


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1 ‘‘(2) providers of information or database man2 agement services solely for purposes of assisting in 

3 the delivery of emergency services in response to an 

4 emergency. 

5 ‘‘(b) ACCESS TO INFORMATION.—To meet the re6 quirements of subsection (a), a telecommunications carrier 

7 may use, disclose, or permit access to customer propri8 etary network information obtained from its customers, ei9 ther directly or indirectly through its agents. 

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

11 the terms ‘customer proprietary network information’, 

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

13 have the meanings given such terms in section 222.’’. 

14 SEC. 3. TRAINING LAW ENFORCEMENT TO USE CALL LOCA15 TION INFORMATION. 

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

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

18 shall establish a program, to be administered by the Office 

19 of Justice Programs, to provide education and training, 

20 on a periodic basis, to State and local law enforcement 

21 agencies and officials to assist such agencies and officials 

22 with— 

23 (1) understanding the provisions of Federal law 

24 (including section 222A of the Communications Act 

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


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1 ability of law enforcement to request and obtain call 

2 location information of a user of a commercial mo3 bile service from a telecommunications carrier to re4 spond to the user’s call for emergency services or to 

5 respond to an emergency situation that involves the 

6 risk of death or serious physical harm; and 

7 (2) developing and disseminating procedures to 

8 ensure that such agencies and officers have the nec9 essary contact information available to promptly re10 quest and obtain call location information from tele11 communications carriers in the circumstances de12 scribed in paragraph (1). 

13 (b) DEFINITIONS.—In this section— 

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

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

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

17 332(d)); 

18 (2) the terms ‘‘customer proprietary network 

19 information’’, ‘‘public safety answering point’’, and 

20 ‘‘emergency services’’ have the meanings given such 

21 terms in section 222 of such Act (47 U.S.C. 222); 

22 and 


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1 (3) the term ‘‘telecommunications carrier’’ has 

2 the meaning given such term in section 3 of such 

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

Æ 


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