H.R. 4889, the Kelsey Smith Act
On Motion to Suspend Rules and Pass, as Amended
05/23/2016
House Roll Call No. 229
114th Congress, 2nd Session

Failed: 229-158 (see complete tally)

On May 23, 2016, the House failed to achieve the required two-thirds majority vote on a motion to suspend the rules and pass H.R. 4889, the Kelsey Smith Act. The ACLU opposed H.R. 4889 because it would allow law enforcement officers to obtain cell phone location information from telecommunications providers when officers believe that the cell phone is in the possession of someone in an emergency or when it is used to place a 911call requesting emergency assistance. The bill lacks common-sense safeguards against abuse, including after-the-fact judicial review of the emergency request; a suppression remedy for information that is obtained illegally; a requirement for prompt notice when location information is obtained; a civil remedy to allow for redress when information is collected in violation of the law; and a probable cause standard for an emergency disclosure request. 



Vote Map: House Roll Call No. 229
Votes For : 229
Votes Against : 158
Not Voting : 46

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