HR 3825119th CongressIntroduced

Kelsey Smith Act

Introduced: Jun 6, 2025

Civil Rights & JusticeTechnology & Innovation

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Kelsey Smith Act (H.R. 3825) would require providers of certain communications services to furnish location information about a user’s device to law enforcement or to an employee or agent of a public safety answering point (PSAP) in specific emergency situations. Specifically, the provider must supply available location data without delay when an investigative or law enforcement officer (acting in official duties) or a PSAP agent requests it for: (a) a device that placed a 9-1-1 call requesting emergency assistance within the prior 48 hours, or (b) reasonable suspicion that the device is in the possession of someone involved in an emergency posing a risk of death or serious physical harm. The bill also mandates record-keeping of such requests, provides a hold-harmless protection for providers, and clarifies how it interacts with state laws. It defines “covered service” to include commercial mobile services and IP-enabled voice services, and it cross-references existing legal definitions for officers and investigative actions. Introduced in the 119th Congress on June 6, 2025 by Rep. Schmidt (with co-sponsors), the measure amends the Communications Act of 1934 and related sections to facilitate rapid location disclosures in emergencies, while maintaining certain protections and relationships to state laws.

Key Points

1Location disclosure in emergencies: Providers must, without delay, disclose available location information of a user’s device to a law enforcement officer or PSAP on behalf of an officer, if the officer or PSAP agent asserts either (i) the device placed a 9-1-1 call for emergency help in the prior 48 hours, or (ii) there is reasonable suspicion the device is with someone in an emergency with risk of death or serious harm.
2Scope of covered services: The term “covered service” includes commercial mobile service (as defined by 47 U.S.C. 332(d)) and IP-enabled voice service (as defined in 47 U.S.C. 615b).
3Records and monitoring: When a request is made, the requesting agency must maintain a record that includes the name of the officer or agent, a description of the request, and a declaration that disclosure is needed under the specified conditions.
4Protections for providers: The bill provides a “hold harmless” clause shielding providers, their directors, officers, employees, agents, or vendors from civil or administrative actions for complying with the disclosure under the statute.
5State law interplay: The bill clarifies that it does not exempt providers from complying with applicable state laws, and in certain described circumstances, state law remains applicable if the officer asserts the request relates to emergency services or an imminent emergency risk.
6Legal cross-references: The act makes a conforming amendment to 18 U.S.C. §2707(a) and defines terms such as “investigative or law enforcement officer” using existing statutory definitions.

Impact Areas

Primary groups/areas affected:- Telecommunication providers offering covered services (CMRS and IP-enabled voice services) will need to implement processes to provide location data quickly, retain records of requests, and ensure compliance with the new disclosure framework.- Law enforcement agencies and public safety answering points gain a rapid, codified mechanism to obtain location information in certain emergencies to aid in response and rescue efforts.Secondary groups/areas affected:- Public safety and emergency response communities may see faster location-based responses, potentially reducing response times in critical situations.- Privacy and civil liberties stakeholders may raise concerns about the absence of a traditional warrant requirement for these disclosures and the potential for data overreach, given the “without delay” and 48-hour window allowances.Additional impacts:- Potential costs and operational changes for providers to build or adjust systems for real-time or near-real-time location sharing, record-keeping, and compliance auditing.- Federal-state law dynamics, as states may already have their own Kelsey Smith or location data laws; the bill addresses interactions with state requirements and clarifies that state laws can still apply in certain emergency contexts.“Location information” refers to data that indicates the geographical position of a user’s device, which could include approximate or real-time coordinates depending on the provider’s data capabilities.“Investigation or law enforcement officer” follows the definition used elsewhere in federal law (as per 18 U.S.C. 2510), and recipients must be acting within official duties.

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