,i #aaith ,,congress #b;d ,session ,h4 ,r4 #ggeb ,,in ,,the ,,house ,,of ,,representatives ,march #b1 #bjbf,mr4 ,schmidt 7for himself1 ,ms4 ,davids of ,kansas1 ,mr4 ,estes1 and ,mr4 ,mann7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend section #bgjc of title #ah1 ,united ,states ,code1 to require emergency disclosure of location information to law enforcement or public safety answering point4 #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 7a7 ,definitions ,section #beaj of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#bj71 by striking and at the end2 7#b7 in paragraph 7#ba71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#bb7 the term location information-- 7,a7 means any data or information concerning the current or most recently known location of a telecommunications device that1 in whole or in part1 is generated1 derived from1 or obtained by the operation of the device2 and 7,b7 does not include the contents of any wire or electronic communication2 7#bc7 the term telecommunications device means any customer premises equipment 7as such term is defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec772 and 7#bd7 the term public safety answering point shall have the meaning given such term in section #g of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;b74 4 7b7 ,required emergency disclosure of location information to law enforcement or public safety answering point ,section #bgjc of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 7#a7 ,location information requests ,at the request of 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 who is acting in the course of the official duties of such officer1 a provider of electronic communication service shall provide to such officer the available location information of a telecommunications device without delay if the officer asserts-- 7,a7 7i7 that the telecommunications device was used to contact a public safety answering point requesting emergency assistance during the preceding #dh-;hour period2 or 7ii7 that the officer has reasonable suspicion that the telecommunications device is in the possession or presence of an individual who is involved in an emergency situation that involves the risk of death or serious physical harm2 and 7,b7 7i7 the subscriber or customer of such electronic telecommunication service has consented to such request or1 if such subscriber or customer is not reasonably available1 then the next of kin of such subscriber or customer has consented2 or 7ii7 7,i7 reasonable efforts have been made to obtain such consent or the consent of next of kin of such subscriber or customer2 7,,ii7 such consent was neither obtained nor refused2 and 7,,iii7 such officer reasonably believes delay in providing the available location information may increase 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 an electronic communication service under paragraph 7#a7 the investigative or law enforcement agency employing the officer shall maintain a record of the request that includes each of the following3 7,a7 ,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 7,b7 ,a declaration that disclosure of location information is needed based on the conditions described in clause 7i7 or 7ii7 of subparagraph 7#a77;,a7 and that the requirements of clause 7i7 or 7ii7 of subparagraph 7#a77;,b7 have been satisfied4 7,c7 ,a description-- 7i7 of the request that explains the need for disclosure of location information2 and 7ii7 of the manner and the name of the person by whom the consent required by clause 7i7 of subparagraph 7#a77;,b7 was given or of the reasonable efforts required by clause 7ii7 of subparagraph 7#a77;,b74 7#c7 ,relationship to ,state law 7,a7 ,in general ,nothing in this subsection shall exempt a telecommunications carrier or a provider of electronic communication service from complying 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 such officer or agent4 7,b7 ,applicability ,a circumstance described in this subparagraph is a circumstance in which the officer or agent-- 7i7 makes the request while acting in the course of the official duties of the officer or agent2 and 7ii7 asserts that the request is made for the purpose of responding to-- 7,i7 a call for emergency services2 or 7,,ii7 an emergency situation that involves the risk of death or serious physical harm4 7#d7 ,next of kin determination ,for the purposes of this subsection1 a next of kin determination shall be made in the following priority order3 7,a7 ,legal spouse4 7,b7 ,child 7whether by current or prior marriage7 age #ah years or older in descending precedence by age4 7,c7 ,father or mother1 unless by court order custody has been vested in another 7adoptive parent takes precedence over natural parent74 7,d7 ,sibling 7whole or half7 age #ah years or older in descending precedence by age4 7,e7 ,grandfather or grandmother4 7,f7 ,any other relative 7precedence to be determined in accordance with the civil law of descent in the ,state in which the investigative or law enforcement officer is employed74 4