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H.R. 4889, Kelsey Smith Act 1 (May 20, 2016)

handle is hein.congrec/cbo2963 and id is 1 raw text is: 




                  CONGRESSIONAL BUDGET OFFICE
                             COST ESTIMATE

                                                                     May 20, 2016


                                  H.R.   4889
                               Kelsey  Smith  Act

        As ordered reported by the House Committee on Energy and Commerce
                                 on April 28, 2016


H.R. 4889 would require telecommunications providers, upon request, to share data about
the location of a call placed from a mobile phone or through an Internet voice service under
certain circumstances. Under the bill, such requests for location information could only be
made by a law enforcement officer who is responding to an emergency call or an
emergency  situation where a person is in serious physical danger. Furthermore,
governmental entities would not be allowed to pursue civil or administrative actions
against entities or individuals that provide such information in good faith.

Based on information from the Federal Communications Commission (FCC), CBO
estimates that the regulatory activities necessary to implement H.R. 4889 would have no
significant effect on the agency's workload or costs. Moreover, under current law, the FCC
is authorized to collect fees sufficient to offset the cost of its regulatory activities each year.
Therefore, CBO estimates that the net cost to implement H.R. 4889 would be negligible,
assuming annual appropriation actions consistent with the agency's authorities.

Because enacting H.R. 4889 would not affect direct spending or revenues, pay-as-you-go
procedures do not apply. CBO estimates that enacting H.R. 4889 would not increase net
direct spending or on-budget deficits in any of the four consecutive 10-year periods
beginning in 2027.

H.R. 4889 would impose an intergovernmental mandate as defined in the Unfunded
Mandate  Reform Act (UMRA)   by prohibiting public entities from initiating civil or
administrative proceedings against service providers that relay requested information and
other assistance. CBO estimates that the cost, if any, for public entities to comply with the
mandate would be minimal and well below the annual threshold established in UMRA
($77 million in 2016, adjusted annually for inflation).

H.R. 4889 would impose a private-sector mandate as defined in UMRA by requiring
telecommunications providers to share the location of cell phones in emergency situations.
Currently, telecommunications providers supply cell phone location data upon request
when  certain internal criteria of the providers are met or when law enforcement officials

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