I 

114TH CONGRESS 

2D SESSION H. R. 4889 

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 

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. 

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’’. 


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1 SEC. 2. REQUIRED EMERGENCY DISCLOSURE OF CALL LO2 CATION INFORMATION TO LAW ENFORCE3 MENT. 

4 Section 222 of the Communications Act of 1934 (47 

5 U.S.C. 222) is amended— 

6 (1) in subsection (d)— 

7 (A) by redesignating paragraphs (1) 

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

9 respectively; 

10 (B) by striking ‘‘nothing in this section’’ 

11 and inserting the following: 

12 ‘‘(1) PERMITTED DISCLOSURES.—Nothing in 

13 this section’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(2) REQUIRED EMERGENCY DISCLOSURE OF

16 CALL LOCATION INFORMATION TO LAW ENFORCE17 MENT.—Notwithstanding subsections (a), (b), and 

18 (c), at the request of an investigative or law enforce19 ment officer, a provider of a covered service shall 

20 provide to such officer the call location information, 

21 or the best available location information, of a tele22 communications device that is— 

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

24 emergency assistance; or 

25 ‘‘(B) reasonably believed to be in the pos26 session of an individual that the law enforceVerDate Sep 11 2014 04:22 Mar 25, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4889.IH H4889

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1 ment officer reasonably believes is in an emer2 gency situation that involves the risk of death 

3 or serious physical harm to the individual.’’; 

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

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

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

7 following: 

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

9 service’ means— 

10 ‘‘(A) a commercial mobile service (as de11 fined in section 332); or 

12 ‘‘(B) an IP-enabled voice service (as de13 fined in section 7 of the Wireless Communica14 tions and Public Safety Act of 1999 (47 U.S.C. 

15 615b)). 

16 ‘‘(9) INVESTIGATIVE OR LAW ENFORCEMENT

17 OFFICER.—The term ‘investigative or law enforce18 ment officer’ has the meaning given such term in 

19 section 2510 of title 18, United States Code.’’. 

Æ 


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