Kelsey Smith Act

Bill: 113-hr-1575
Sponsor: full_name: Rep. Yoder, Kevin [R-KS-3]
Introduced: 2013-04-15
Policy area: Crime and Law Enforcement
Subjects: Business records

Emergency communications systems

First responders and emergency personnel

Government information and archives

Internet and video services

Internet, web applications, social media

Law enforcement administration and funding

Telephone and wireless communication
Latest action: action_date: 2015-01-02
text: Placed on the Union Calendar, Calendar No. 560.

Summaries:
action_date: 2013-04-15
action_desc: Introduced in House
text: <p>Kelsey Smith Act - Amends the Communications Act of 1934 to require telecommunication carriers to provide, at the request of a law enforcement agency, call location information of users of a commercial mobile service or an IP-enabled voice service (e.g., cell phones) to such agencies and other public safety agencies to respond to emergency situations. </p>

action_date: 2015-01-02
action_desc: Reported to House amended, Part I
text: <p>Kelsey Smith Act - Amends the Communications Act of 1934 to require a provider of a commercial mobile service or an IP-enabled voice service to furnish call location information concerning the telecommunications device of a user of such service at the request of an investigative or law enforcement officer.</p> <p>Requires such a request to be accompanied by a sworn written statement from such officer stating facts that support that officer's probable cause to believe that disclosure without delay is required: (1) by an emergency involving risk of death or serious physical injury, or (2) in order to respond to the user's call for emergency services. Requires the law enforcement agency of such officer, within 48 hours after the officer makes such a request, to request a court order stating whether such officer had probable cause to believe that such conditions existed at the time of the request.</p> <p>Shields a telecommunications carrier from any cause of action in any court or any civil or administrative proceeding commenced by a governmental entity for providing call location information in good faith in accordance with this Act.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 1575 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Yoder (for himself, Mr. Pompeo , Ms. Jenkins , and Mr. Cleaver ) 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 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 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.

1. Short title This Act may be cited as the Kelsey Smith Act . 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: 222A. Required disclosure of call location information (a) In General Notwithstanding section 222, at the request of a law enforcement agency, a telecommunications carrier shall provide call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d)) or the telecommunications device of 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 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, employees, or agents for providing call location information under subsection (a) while acting in good faith and in accordance with this section and any regulations promulgated pursuant to this section. (c) Definitions For the purpose of this section, the term emergency services has the meaning given such term in section 222. .

tv_txt: IB Union Calendar No. 560 113th CONGRESS 2d Session H. R. 1575 [Report No. 113–729, Part I] IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Yoder (for himself, Mr. Pompeo , Ms. Jenkins , and Mr. Cleaver ) introduced the following bill; which was referred to the Committee on Energy and Commerce January 2, 2015 Reported with amendments and referred to the Committee on the Judiciary for a period ending not later than January 2, 2015, for consideration of such provisions of the bill and amendments as fall within the jurisdiction of that committee pursuant to clause 1(l) of rule X Strike out all after the enacting clause and insert the part printed in italic January 2, 2015 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on April 15, 2013 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 concerning 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.

1. Short title This Act may be cited as the Kelsey Smith Act . 2. Required emergency disclosure of call location information (a) In general Title II of the Communications Act of 1934 ( 47 U.S.C. 201 et seq. ) is amended by inserting after section 222 the following: 222A. Required emergency disclosure of call location information (a) In general Notwithstanding section 222, at the request of an investigative or law enforcement officer in accordance with this section, a provider of a covered service shall provide call location information concerning the telecommunications device of a user of such service to such officer. (b) Form of request A request to a provider of a covered service by an investigative or law enforcement officer for call location information under subsection (a) shall be accompanied by a sworn written statement from such officer stating facts that support such officer’s probable cause to believe that disclosure without delay is required— (1) by an emergency involving risk of death or serious physical injury; or (2) in order to respond to the user’s call for emergency services. (c) 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 telecommunications carrier, 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 subsection (a) and any regulations promulgated under this section. (d) Court order Not later than 48 hours after an investigative or law enforcement officer makes a request for call location information under subsection (a), the law enforcement agency of such officer shall request a court order stating whether such officer had probable cause to believe that the conditions described in subsection (b)(1) or subsection (b)(2) existed at the time of the request under subsection (a). (e) Definitions In this section: (1) Covered service The term covered service means— (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 )). (2) Emergency services The term emergency services has the meaning given such term in section 222. (3) Investigative or law enforcement officer The term investigative or law enforcement officer has the meaning given such term in section 2510 of title 18, United States Code. . (b) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall, after public notice and comment, adopt regulations to implement section 222A(a) of the Communications Act of 1934, as added by subsection (a).

Amend the title so as to read: 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. .

January 2, 2015 Reported with amendments and referred to the Committee on the Judiciary for a period ending not later than January 2, 2015, for consideration of such provisions of the bill and amendments as fall within the jurisdiction of that committee pursuant to clause 1(l) of rule X January 2, 2015 The Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed