Kelsey Smith Act

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. Short title This Act may be cited as the Kelsey Smith Act 2. Required emergency disclosure of call location information to law enforcement Section 222 of the Communications Act of 1934 ( 47 U.S.C. 222 (1) in subsection (d)— (A) in paragraph (4), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively; (B) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; (C) by striking Nothing in this section (1) Permitted disclosures Nothing in this section ; and (D) by adding at the end the following: (2) Required emergency disclosure of call location information to law enforcement Notwithstanding subsections (a), (b), and (c), at the request of an investigative or law enforcement officer, a provider of a covered service shall provide to such officer the call location information, or the best available location information, of a telecommunications device that is— (A) used to place a 9–1–1 call requesting emergency assistance; or (B) reasonably believed to be in the possession of an individual that the law enforcement officer reasonably believes is in an emergency situation that involves the risk of death or serious physical harm to the individual. (3) Hold harmless No cause of action shall lie in any court nor shall any civil or administrative proceeding be commenced by a governmental entity against any provider of a covered service, or its directors, officers, employees, agents, or vendors, for providing in good faith call location information or other information, facilities, or assistance in accordance with paragraph (2) and any regulations promulgated under such paragraph. ; (2) in subsection (f)(1), by striking subsection (d)(4) subsection (d)(1)(D) (3) in subsection (h), by adding at the end the following: (8) Covered service The term covered service (A) a commercial mobile service (as defined in section 332); or (B) an IP-enabled voice service (as defined in section 7 of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615b (9) Investigative or law enforcement officer The term investigative or law enforcement officer . 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

Summary: Kelsey Smith Act (Sec. 2) This bill amends the Communications Act of 1934 to require a mobile or Internet voice service provider to disclose, at the request of an investigative or law enforcement officer, the call location information of a device that is: (1) used to place a 911 call, or (2) reasonably believed to be in the possession of an individual who is in an emergency situation that involves a risk of death or serious physical harm. Additionally, the bill prohibits a civil action or administrative proceeding against a mobile or Internet voice service provider who discloses call location information in good faith in accordance with this bill.