Kelsey Smith Act of 2009

Kelsey Smith Act of 2009 - 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 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.

Directs the Attorney General to: (1) establish a program to provide education and training to state and local law enforcement agencies and officials to collect and use call location information in emergency situations; and (2) develop and disseminate procedures to ensure that such agencies and officials have the necessary contact information to request and obtain call location information.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3682 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3682

    To require telecommunications carriers to provide call location 
  information to law enforcement agencies in emergency situations, to 
 authorize education and training for State and local law enforcement 
 agencies and officers with respect to the collection and use of call 
 location information for emergency situations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2009

 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 subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To require telecommunications carriers to provide call location 
  information to law enforcement agencies in emergency situations, to 
 authorize education and training for State and local law enforcement 
 agencies and officers with respect to the collection and use of call 
 location information for emergency situations, and for other purposes.

    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 of 2009''.

SEC. 2. DISCLOSURE OF CALL LOCATION INFORMATION.

    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. DISCLOSURE OF CALL LOCATION INFORMATION REQUIRED.

    ``(a) In General.--Notwithstanding section 222, at the request of a 
law enforcement agency, a telecommunications carrier shall promptly 
provide call location information concerning the user of a commercial 
mobile service (as such term is defined in section 332(d)) or 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--
            ``(1) a public safety answering point, emergency medical 
        service provider or emergency dispatch provider, public safety, 
        fire service, or law enforcement official, or hospital 
        emergency or trauma care facility, 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; or
            ``(2) providers of information or database management 
        services solely for purposes of assisting in the delivery of 
        emergency services in response to an emergency.
    ``(b) Access to Information.--To meet the requirements of 
subsection (a), a telecommunications carrier may use, disclose, or 
permit access to customer proprietary network information obtained from 
its customers, either directly or indirectly through its agents.
    ``(c) Definitions.--For the purpose of this section, the terms 
`customer proprietary network information', `public safety answering 
point', and `emergency services' have the meanings given such terms in 
section 222.''.

SEC. 3. TRAINING LAW ENFORCEMENT TO USE CALL LOCATION INFORMATION.

    (a) Program.--Not later than 6 months after the date of the 
enactment of this Act, the Attorney General shall establish a program, 
to be administered by the Office of Justice Programs, to provide 
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 mobile service from a telecommunications carrier 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; and
            (2) developing and disseminating procedures to ensure that 
        such agencies and officers have the necessary contact 
        information available to promptly request and obtain call 
        location information from telecommunications carriers in the 
        circumstances described 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));
            (2) the terms ``customer proprietary network information'', 
        ``public safety answering point'', and ``emergency services'' 
        have the meanings given such terms in section 222 of such Act 
        (47 U.S.C. 222); and
            (3) the term ``telecommunications carrier'' has the meaning 
        given such term in section 3 of such Act (47 U.S.C. 153).
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