US Codex
Bill
Notes

H.R. 4889 — what changed

Kelsey Smith Act

From Introduced in House to Reported in House. 1 section amended between Introduced in House and Reported in House.

Sec. 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)
added in paragraph (4), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively;
(B)
renumbered was (3)(2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;
(C)
added by striking “Nothing in this section” and inserting the following:
(B)
removed by striking “nothing in this section” and inserting the following:

“(1) Permitted disclosures—Nothing in this section”

(D)
renumbered was (3)(4) 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

added “(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.

added “(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.”

removed “(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.”