[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1575 Reported in House (RH)]
Union Calendar No. 560
113th CONGRESS
2d Session
H. R. 1575
[Report No. 113-729, Part I]
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.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kelsey Smith Act''.
SEC. 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:
``SEC. 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.''.
Union Calendar No. 560
113th CONGRESS
2d Session
H. R. 1575
[Report No. 113-729, Part I]
_______________________________________________________________________
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.
_______________________________________________________________________
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