Kelsey Smith Act

Bill Number

H.R. 3825

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Science, Technology, Communications

Status

Introduced

Latest Action

2025-06-06: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Last Updated

2025-07-01T13:27:10Z

AI-Generated Summary

Purpose of the Legislation

The Kelsey Smith Act (H.R. 3825) aims to improve public safety by requiring telecommunications providers to share location data from users' devices during emergencies. It ensures that law enforcement or emergency responders can quickly access this information to locate individuals at risk of death or serious injury, or to respond to 911 calls, while providing legal protections for providers who comply.

Key Provisions

• Mandatory Disclosure of Location Information: Providers of "covered services" (such as cell phone services or internet-based voice calls) must immediately share available location data for a user's device upon request from a law enforcement officer or public safety answering point (PSAP, like a 911 call center) agent. Requests are valid if:
• The device was used for a 911 call in the last 48 hours, or
• There is reasonable suspicion that the device is with someone in an emergency involving risk of death or serious physical harm.
• Record-Keeping Requirement: Law enforcement agencies must document each request, including the officer's name, a description of the need, and a statement confirming the emergency basis.
• Legal Protections for Providers: Companies cannot be sued or face penalties for sharing location data in good faith under this law (a "hold harmless" clause).
• Interaction with State Laws: The federal requirement does not override stricter state laws that mandate similar disclosures in emergencies.
• Definitions:
• "Covered service" includes commercial mobile services (e.g., cell phones) and IP-enabled voice services (e.g., VoIP calls like those on apps).
• "Investigative or law enforcement officer" refers to officials defined under federal wiretap laws (18 U.S.C. § 2510).

Significant Changes to Existing Law

• Amends Section 222 of the Communications Act of 1934, which previously protected customer location privacy but allowed voluntary disclosures in emergencies. This bill shifts some disclosures from optional to mandatory in specified urgent situations.
• Adds a new subsection (d)(2) requiring disclosures "without delay," overriding general privacy rules only for these emergencies.
• Updates cross-references in the law and adds a conforming change to 18 U.S.C. § 2707 (on civil actions for privacy violations), explicitly protecting providers from lawsuits under this new provision.
• No changes to non-emergency privacy protections; disclosures remain limited to life-saving scenarios.

Potential Impacts

• On Government Agencies: Law enforcement and PSAPs gain faster access to location data, potentially speeding up emergency responses and investigations (e.g., locating kidnapping victims or accident callers). Agencies face added administrative burden for record-keeping to ensure accountability.
• On Citizens: Improves safety for those in distress by enabling quicker rescues, but raises privacy concerns for device users whose locations could be tracked without a warrant in emergencies. Only applies to acute risks, not routine surveillance.
• On International Relations: Minimal direct impact, as the law focuses on U.S. domestic telecom providers and services; it could indirectly affect U.S. companies operating globally if they handle international emergency requests.

Main Stakeholders Affected

• Telecommunications Providers: Bear the compliance costs (e.g., systems for rapid data sharing) but gain lawsuit immunity.
• Law Enforcement and PSAPs: Benefit from enhanced tools for emergencies but must justify and document requests to avoid misuse.
• Citizens and Users: Particularly those in vulnerable situations (e.g., victims of crime or accidents) who may receive faster aid; privacy advocates may scrutinize potential overreach.
• Families and Victims' Advocates: Inspired by the 2008 murder of Kelsey Smith, whose case highlighted delays in location data access, this supports groups pushing for better emergency tech.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens emergency exceptions to privacy laws (similar to "exigent circumstances" in search warrants), potentially reducing court challenges to delayed responses. The hold harmless provision shields providers from liability, encouraging cooperation without fear of civil suits.
• Constitutional: Aligns with Fourth Amendment allowances for warrantless actions in life-threatening emergencies (e.g., Supreme Court precedents like Kentucky v. King), but could invite debates on "reasonable suspicion" standards if requests are abused. No broad surveillance expansion; limited to 48-hour post-911 windows or imminent harm.
• Political: Bipartisan support (introduced by Republicans with co-sponsors) reflects consensus on public safety over privacy in crises. May influence future tech privacy debates, especially with rising use of apps and connected devices, without altering core telecom regulations.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Schmidt, Derek [R-KS-2]

Cosponsors (3)

Rep. Davids, Sharice [D-KS-3], Rep. Estes, Ron [R-KS-4], Rep. Mann, Tracey [R-KS-1]

Recent Actions

• 2025-06-06: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-06-06: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-06-06: Introduced in House
• 2025-06-06: Introduced in House

Bill Versions

• Kelsey Smith Act — issued 2025-06-06 — PDF (7 pages)