I 
111TH CONGRESS 
1ST SESSION H. R. 3803 
To amend the Communications Act of 1934 to require a provider of a 
commercial mobile service or an IP-enabled voice service to provide call 
location information concerning the user of such a service to law enforce-
ment agencies in order to respond to a call for emergency services 
or in an emergency situation that involves risk of death or serious 
physical harm. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 13, 2009 
Mr. TIAHRT (for himself and 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 subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Communications Act of 1934 to require a 
provider of a commercial mobile service or an IP-enabled 
voice service to provide call location information con-
cerning the user of such a service to law enforcement 
agencies in order to respond to a call for emergency 
services or in an emergency situation that involves risk 
of death or serious physical harm. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Nov 24 2008 
03:40 Oct 15, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H3803.IH
H3803
rfrederick on DSKD9S0YB1PROD with BILLS
HR 3803 IH 
SECTION 1. SHORT TITLE. 
This act may be cited as the ‘‘Kelsey Smith Act’’. 
SEC. 2. REQUIRED DISCLOSURE OF CALL INFORMATION 
LOCATION. 
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. REQUIRED DISCLOSURE OF CALL LOCATION IN-
FORMATION. 
‘‘(a) IN GENERAL.—Notwithstanding section 222, at 
the request of a law enforcement agency, a telecommuni-
cations carrier shall provide call location information con-
cerning the user of a commercial mobile service (as such 
term is defined in section 332(d)) or the telecommuni-
cations device of the user of an IP-enabled voice service 
(as such term is defined in section 7 of the Wireless Com-
munications and Public Safety Act of 1999 (47 U.S.C. 
615b)) to a law enforcement official, in order to respond 
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. 
‘‘(b) HOLD HARMLESS.—No cause of action shall lie 
in any court against any provider of a commercial mobile 
service or an IP-enabled voice service, its officers, employ-
ees, or agents for providing call location information under 
subsection (a) while acting in good faith and in accordance 
VerDate Nov 24 2008 
03:40 Oct 15, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H3803.IH
H3803
rfrederick on DSKD9S0YB1PROD with BILLS
HR 3803 IH 
with this section and any regulations promulgated pursu-
ant to this section. 
‘‘(c) DEFINITIONS.—For the purpose of this section, 
the terms ‘customary proprietary network information’, 
‘public safety answering point’, and ‘emergency services’ 
have the meanings for such terms as defined 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 
under the Byrne Law Enforcement Grant Program and 
administered by the Office of Justice Programs, shall pro-
vide 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 
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 
VerDate Nov 24 2008 
03:40 Oct 15, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3803.IH
H3803
rfrederick on DSKD9S0YB1PROD with BILLS
HR 3803 IH 
(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)); and 
(2) the term ‘‘telecommunications carrier’’ has 
the meaning given such term in section 3 of such 
Act (47 U.S.C. 153). 
Æ 
VerDate Nov 24 2008 
03:40 Oct 15, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H3803.IH
H3803
rfrederick on DSKD9S0YB1PROD with BILLS