Kelsey Smith Act
This bill requires a mobile or internet voice service provider to disclose, at the request of an investigative or law enforcement officer (or public safety employee or agent on behalf of such officer), the location information of a device if the officer asserts (1) that the device was used to place a 911 call, or (2) reasonable suspicion that the device is in the possession of an individual who is in an emergency situation.
The bill prohibits a civil action or administrative proceeding against a telecommunications carrier that discloses call location information in accordance with this bill.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 273 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 273
To amend the Communications Act of 1934 to require providers of a
covered service to provide location information concerning the
telecommunications device of a user of such service to an investigative
or law enforcement officer or an employee or other agent of a public
safety answering point in an emergency situation involving risk of
death or serious physical harm or in order to respond to the user's
call for emergency services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 30, 2019
Mr. Roberts (for himself, Mr. Moran, Mr. Blunt, and Mrs. Fischer)
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 providers of a
covered service to provide location information concerning the
telecommunications device of a user of such service to an investigative
or law enforcement officer or an employee or other agent of a public
safety answering point in an emergency situation involving risk of
death or serious physical harm or in order to respond to the user's
call for emergency services.
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 LOCATION INFORMATION TO LAW
ENFORCEMENT OR PUBLIC SAFETY ANSWERING POINT.
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), (B), and (C) as clauses (i), (ii),
and (iii), respectively, and adjusting the margins
accordingly;
(B) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and
adjusting the margins accordingly;
(C) in the matter preceding subparagraph (A), as so
redesignated, 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 location information
to law enforcement or public safety answering point.--
``(A) Location information requests.--
Notwithstanding subsections (a), (b), and (c), at the
request of an investigative or law enforcement officer
or an employee or other agent of a public safety
answering point acting on behalf of such an officer,
who is acting in the course of the official duties of
the officer or agent, a provider of a covered service
shall provide to the officer or agent the available
location information of a telecommunications device
without delay if the officer or agent asserts--
``(i) that the device was used to place a
9-1-1 call requesting emergency assistance
during the preceding 48-hour period; or
``(ii) reasonable suspicion that the device
is in the possession of an individual who is
involved in an emergency situation that
involves the risk of death or serious physical
harm.
``(B) Records of disclosed records.--If an
investigative or law enforcement officer, or an
employee or other agent of a public safety answering
point acting on behalf of such an officer, submits a
request for location information to a provider of a
covered service under subparagraph (A), the
investigative or law enforcement agency employing the
officer shall maintain a record of the request that
includes each of the following:
``(i) The name of the officer or agent
making the request (and, in the case of a
request made by an agent, the name of the
officer on whose behalf the agent is acting).
``(ii) A description of the request that
explains the need for disclosure of location
information.
``(iii) A declaration that disclosure of
location information is needed based on the
conditions described in clause (i) or (ii) of
subparagraph (A).
``(C) Hold harmless.--No cause of action shall lie
in any court, nor shall any civil or administrative
proceeding be commenced by any person or entity,
against a provider of a covered service, or its
directors, officers, employees, agents, or vendors, for
providing location information or assistance in
accordance with subparagraph (A) and any regulations
promulgated under this paragraph.
``(D) Relationship to state law.--
``(i) In general.--Nothing in this section
exempts a telecommunications carrier or a
provider of a covered service from complying,
in a circumstance described in clause (ii),
with any applicable State law that requires the
carrier or provider to provide location
information of a telecommunications device to
an investigative or law enforcement officer or
an employee or other agent of a public safety
answering point acting on behalf of such an
officer in response to a request by the officer
or agent.
``(ii) Applicability.--A circumstance
described in this clause is a circumstance in
which the officer or agent--
``(I) makes the request while
acting in the course of the official
duties of the officer or agent; and
``(II) asserts that the request is
made for the purpose of responding to--
``(aa) a call for emergency
services; or
``(bb) an emergency
situation that involves the
risk of death or serious
physical harm.'';
(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(d)); 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 the term `Investigative or law enforcement officer' in
section 2510 of title 18, United States Code.''.
SEC. 3. CONFORMING AMENDMENT.
Section 2707(a) of title 18, United States Code, is amended by
inserting after ``Except as provided in section 2703(e)'' the
following: ``of this title and section 222(d)(2)(C) of the
Communications Act of 1934''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S770-771)
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