Kelsey Smith Act

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.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 721 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 721

  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 SENATE OF THE UNITED STATES

                             April 15, 2013

Mr. Roberts (for himself and Mr. Moran) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 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 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 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) Definition.--For the purpose of this section, the term 
`emergency services' have the meaning given such term in section 
222.''.
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