IB 

Union Calendar No. 450 

114TH CONGRESS 

2D SESSION H. R. 4889 

[Report No. 114–580] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2016 

Mr. YODER (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] 


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•HR 4889 RH

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. 


emcdonald on DSK9F6TC42PROD with BILLS
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•HR 4889 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 TO LAW ENFORCE7 MENT. 

8 Section 222 of the Communications Act of 1934 (47 

9 U.S.C. 222) is amended— 

10 (1) in subsection (d)— 

11 (A) in paragraph (4), by redesignating sub12 paragraphs (A) through (C) as clauses (i) 

13 through (iii), respectively; 

14 (B) by redesignating paragraphs (1) 

15 through (4) as subparagraphs (A) through (D), 

16 respectively; 

17 (C) by striking ‘‘Nothing in this section’’ 

18 and inserting the following: 

19 ‘‘(1) PERMITTED DISCLOSURES.—Nothing in this 

20 section’’; and 

21 (D) by adding at the end the following: 

22 ‘‘(2) REQUIRED EMERGENCY DISCLOSURE OF

23 CALL LOCATION INFORMATION TO LAW ENFORCE24 MENT.—Notwithstanding subsections (a), (b), and (c), 

25 at the request of an investigative or law enforcement 


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•HR 4889 RH

1 officer, a provider of a covered service shall provide 

2 to such officer the call location information, or the 

3 best available location information, of a telecommuni4 cations device that is— 

5 ‘‘(A) used to place a 9–1–1 call requesting 

6 emergency assistance; or 

7 ‘‘(B) reasonably believed to be in the posses8 sion of an individual that the law enforcement 

9 officer reasonably believes is in an emergency sit10 uation that involves the risk of death or serious 

11 physical harm to the individual. 

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

13 lie in any court nor shall any civil or administrative 

14 proceeding be commenced by a governmental entity 

15 against any provider of a covered service, or its direc16 tors, officers, employees, agents, or vendors, for pro17 viding in good faith call location information or other 

18 information, facilities, or assistance in accordance 

19 with paragraph (2) and any regulations promulgated 

20 under such paragraph.’’; 

21 (2) in subsection (f)(1), by striking ‘‘subsection 

22 (d)(4)’’ and inserting ‘‘subsection (d)(1)(D)’’; and 

23 (3) in subsection (h), by adding at the end the 

24 following: 


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•HR 4889 RH

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

2 service’ means— 

3 ‘‘(A) a commercial mobile service (as de4 fined in section 332); or 

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

6 in section 7 of the Wireless Communications and 

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

8 ‘‘(9) INVESTIGATIVE OR LAW ENFORCEMENT OF9 FICER.—The term ‘investigative or law enforcement 

10 officer’ has the meaning given such term in section 

11 2510 of title 18, United States Code.’’. 


emcdonald on DSK9F6TC42PROD with BILLS
Union Calendar No. 450 

114TH CONGRESS 

2D SESSION H. R. 4889 

[Report No. 114–580] 

A BILL 

To amend the Communications Act of 1934 to rethe user’s call for emergency services. serious physical injury or in order to respond to an emergency situation involving risk of death or to an investigative or law enforcement officer in communications device of a user of such service call location information concerning the tele- quire providers of a covered service to provide 

MAY 23, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


emcdonald on DSK9F6TC42PROD with BILLS