Kelsey Smith Act

Bill: 114-hr-4889
Sponsor: full_name: Rep. Yoder, Kevin [R-KS-3]
Introduced: 2016-03-23
Policy area: Crime and Law Enforcement
Subjects: Civil actions and liability

Emergency communications systems

Law enforcement administration and funding

Law enforcement officers

Telephone and wireless communication
Latest action: action_date: 2016-05-23
text: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 229 - 158 (Roll no. 229).

Summaries:
action_date: 2016-03-23
action_desc: Introduced in House
text: <p><b>Kelsey Smith Act</b></p> <p>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.</p>

action_date: 2016-05-23
action_desc: Reported to House with amendment(s)
text: <p><b>Kelsey Smith Act</b></p> <p>(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.</p> <p>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.</p>

tv_txt: I 114th CONGRESS 2d Session H. R. 4889 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. 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 ) is amended— (1) in subsection (d)— (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; (B) by striking nothing in this section and inserting the following: (1) Permitted disclosures Nothing in this section ; and (C) 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. ; (2) in subsection (f)(1), by striking subsection (d)(4) and inserting subsection (d)(1)(D) ; and (3) in subsection (h), by adding at the end the following: (8) 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 )). (9) 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. .

tv_txt: IB Union Calendar No. 450 114th CONGRESS 2d Session H. R. 4889 [Report No. 114–580] 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 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 Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 23, 2016 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. 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 ) is amended— (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 and inserting the following: (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) and inserting subsection (d)(1)(D) ; and (3) in subsection (h), by adding at the end the following: (8) 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 )). (9) 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. .

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