,,ii #aafth ,,congress #ast ,session ,s4 #bgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #cj1 #bjai,mr4 ,roberts 7for himself1 ,mr4 ,moran1 ,mr4 ,blunt1 and ,mrs4 ,fischer7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,communications ,act of #aicd 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 services4 #a4 ,short title ,this ,act may be cited as the ,kelsey ,smith ,act4 #b4 ,required emergency disclosure of location information to law enforcement or public safety answering point ,section #bbb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb7 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#d71 by redesignating subparagraphs 7,a71 7,b71 and 7,c7 as clauses 7i71 7ii71 and 7iii71 respectively1 and adjusting the margins accordingly2 7,b7 by redesignating paragraphs 7#a7 through 7#d7 as subparagraphs 7,a7 through 7,d71 respectively1 and adjusting the margins accordingly2 7,c7 in the matter preceding subparagraph 7,a71 as so redesignated1 by striking ,nothing in this section and inserting the following3 7#a7 ,permitted disclosures ,nothing in this section 2 and 7,d7 by adding at the end the following3 7#b7 ,required emergency disclosure of location information to law enforcement or public safety answering point 7,a7 ,location information requests ,notwithstanding subsections 7a71 7b71 and 7c71 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 officer1 who is acting in the course of the official duties of the officer or agent1 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-- 7i7 that the device was used to place a #i-a-a call requesting emergency assistance during the preceding #dh-;hour period2 or 7ii7 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 harm4 7,b7 ,records of disclosed records ,if an investigative or law enforcement officer1 or an employee or other agent of a public safety answering point acting on behalf of such an officer1 submits a request for location information to a provider of a covered service under subparagraph 7,a71 the investigative or law enforcement agency employing the officer shall maintain a record of the request that includes each of the following3 7i7 ,the name of the officer or agent making the request 7and1 in the case of a request made by an agent1 the name of the officer on whose behalf the agent is acting74 7ii7 ,a description of the request that explains the need for disclosure of location information4 7iii7 ,a declaration that disclosure of location information is needed based on the conditions described in clause 7i7 or 7ii7 of subparagraph 7,a74 7,c7 ,hold harmless ,no cause of action shall lie in any court1 nor shall any civil or administrative proceeding be commenced by any person or entity1 against a provider of a covered service1 or its directors1 officers1 employees1 agents1 or vendors1 for providing location information or assistance in accordance with subparagraph 7,a7 and any regulations promulgated under this paragraph4 7,d7 ,relationship to ,state law 7i7 ,in general ,nothing in this section exempts a telecommunications carrier or a provider of a covered service from complying1 in a circumstance described in clause 7ii71 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 agent4 7ii7 ,applicability ,a circumstance described in this clause is a circumstance in which the officer or agent-- 7,i7 makes the request while acting in the course of the official duties of the officer or agent2 and 7,,ii7 asserts that the request is made for the purpose of responding to-- 7aa7 a call for emergency services2 or 7bb7 an emergency situation that involves the risk of death or serious physical harm4 2 7#b7 in subsection 7f77#a71 by striking subsection 7d77#d7 and inserting subsection 7d77#a77;,d72 and 7#c7 in subsection 7h71 by adding at the end the following3 7#h7 ,covered service ,the term covered service means-- 7,a7 a commercial mobile service 7as defined in section #ccb7;d772 or 7,b7 an ,,ip-enabled voice service 7as defined in section #g of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;b774 7#i7 ,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 #beaj of title #ah1 ,united ,states ,code4 4 #c4 ,conforming amendment ,section #bgjg7;a7 of title #ah1 ,united ,states ,code1 is amended by inserting after ,except as provided in section #bgjc7;e7 the following3 of this title and section #bbb7;d77#b77;,c7 of the ,communications ,act of #aicd4