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 edu-
cation 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 loca-
tion information to law enforcement agencies in emer-
gency 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Kelsey Smith Act of 
2009’’. 
SEC. 2. DISCLOSURE OF CALL LOCATION INFORMATION. 
Title II of the Communications Act of 1934 (47 
U.S.C. 201) is amended by inserting after section 222 the 
following new section: 
‘‘SEC. 222A. DISCLOSURE OF CALL LOCATION INFORMA-
TION REQUIRED. 
‘‘(a) IN GENERAL.—Notwithstanding section 222, at 
the request of a law enforcement agency, a telecommuni-
cations carrier shall promptly provide call location infor-
mation concerning the user of a commercial mobile service 
(as such term is defined in section 332(d)) or the user 
of an IP-enabled voice service (as such term is defined 
in section 7 of the Wireless Communications and Public 
Safety Act of 1999 (47 U.S.C. 615b)) to— 
‘‘(1) a public safety answering point, emergency 
medical service provider or emergency dispatch pro-
vider, public safety, fire service, or law enforcement 
official, or hospital emergency or trauma care facil-
ity, in order to respond to the user’s call for emer-
gency services or to respond to an emergency situa-
tion that involves the risk of death or serious phys-
ical harm; or 
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‘‘(2) providers of information or database man-
agement services solely for purposes of assisting in 
the delivery of emergency services in response to an 
emergency. 
‘‘(b) ACCESS TO INFORMATION.—To meet the re-
quirements of subsection (a), a telecommunications carrier 
may use, disclose, or permit access to customer propri-
etary network information obtained from its customers, ei-
ther directly or indirectly through its agents. 
‘‘(c) DEFINITIONS.—For the purpose of this section, 
the terms ‘customer proprietary network information’, 
‘public safety answering point’, and ‘emergency services’ 
have the meanings given such terms in section 222.’’. 
SEC. 3. TRAINING LAW ENFORCEMENT TO USE CALL LOCA-
TION INFORMATION. 
(a) PROGRAM.—Not later than 6 months after the 
date of the enactment of this Act, the Attorney General 
shall establish a program, to be administered by the Office 
of Justice Programs, to provide education and training, 
on a periodic basis, to State and local law enforcement 
agencies and officials to assist such agencies and officials 
with— 
(1) understanding the provisions of Federal law 
(including section 222A of the Communications Act 
of 1934, as added by this Act) with respect to the 
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ability of law enforcement to request and obtain call 
location information of a user of a commercial mo-
bile service from a telecommunications carrier to re-
spond to the user’s call for emergency services or to 
respond to an emergency situation that involves the 
risk of death or serious physical harm; and 
(2) developing and disseminating procedures to 
ensure that such agencies and officers have the nec-
essary contact information available to promptly re-
quest and obtain call location information from tele-
communications carriers in the circumstances de-
scribed in paragraph (1). 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘commercial mobile service’’ has 
the meaning given such term in section 332(d) of 
the Communications Act of 1934 (47 U.S.C. 
332(d)); 
(2) the terms ‘‘customer proprietary network 
information’’, ‘‘public safety answering point’’, and 
‘‘emergency services’’ have the meanings given such 
terms in section 222 of such Act (47 U.S.C. 222); 
and 
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(3) the term ‘‘telecommunications carrier’’ has 
the meaning given such term in section 3 of such 
Act (47 U.S.C. 153). 
Æ 
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