119-hr3825

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3825 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3825

 To amend the Communications Act of 1934 to require providers of a 
 covered service to provide location information concerning the 
telecommunications device of a user of such service to an investigative 
 or law enforcement officer or an employee or other agent of a public 
 safety answering point in an emergency situation involving risk of 
 death or serious physical harm or in order to respond to the user's 
 call for emergency services.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 6, 2025

 Mr. Schmidt (for himself, Ms. Davids of Kansas, Mr. Estes, and Mr. 
 Mann) introduced the following bill; which was 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

_______________________________________________________________________

 A BILL

 To amend the Communications Act of 1934 to require providers of a 
 covered service to provide location information concerning the 
telecommunications device of a user of such service to an investigative 
 or law enforcement officer or an employee or other agent of a public 
 safety answering point in an emergency situation involving risk of 
 death or serious physical harm or in order to respond to the user's 
 call for emergency services.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Kelsey Smith Act''.

SEC. 2. REQUIRED EMERGENCY DISCLOSURE OF LOCATION INFORMATION TO LAW 
 ENFORCEMENT OR PUBLIC SAFETY ANSWERING POINT.

 

Section 222 of the Communications Act of 1934 (47 U.S.C. 222) is 
amended--

    (1) in subsection
            (d) --
        (A) in paragraph

    (4) , by redesignating 
 subparagraphs
        (A) ,
        (B) , and
            (C) as clauses
            (i) ,
            (ii) , 
 and
            (iii) , respectively, and adjusting the margins 
 accordingly;
        (B) by redesignating paragraphs

    (1) through

    (4) as 
 subparagraphs
        (A) through
            (D) , respectively, and 
 adjusting the margins accordingly;
            (C) in the matter preceding subparagraph
        (A) , as so 
 redesignated, by striking ``Nothing in this section'' 
 and inserting the following:
 ``

    (1) Permitted disclosures.--Nothing in this section''; 
 and
            (D) by adding at the end the following:
 ``

    (2) Required emergency disclosure of location information 
 to law enforcement or public safety answering point.--
 ``
        (A) Location information requests.--
 Notwithstanding subsections

    (a) ,

    (b) , and
            (c) , at the 
 request of 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, 
 who is acting in the course of the official duties of 
 the officer or agent, a provider of a covered service 
 shall provide to the officer or agent the available 
 location information of a telecommunications device 
 without delay if the officer or agent asserts--
 ``
            (i) that the device was used to place a 
 9-1-1 call requesting emergency assistance 
 during the preceding 48-hour period; or
 ``
            (ii) reasonable suspicion that the device 
 is in the possession of an individual who is 
 involved in an emergency situation that 
 involves the risk of death or serious physical 
 harm.
 ``
        (B) Records of disclosed records.--If 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, submits a 
 request for location information to a provider of a 
 covered service under subparagraph
        (A) , the 
 investigative or law enforcement agency employing the 
 officer shall maintain a record of the request that 
 includes each of the following:
 ``
            (i) The name of the officer or agent 
 making the request (and, in the case of a 
 request made by an agent, the name of the 
 officer on whose behalf the agent is acting).
 ``
            (ii) A description of the request that 
 explains the need for disclosure of location 
 information.
 ``
            (iii) A declaration that disclosure of 
 location information is needed based on the 
 conditions described in clause
            (i) or
            (ii) of 
 subparagraph
        (A) .
 ``
            (C) Hold harmless.--No cause of action shall lie 
 in any court, nor shall any civil or administrative 
 proceeding be commenced by any person or entity, 
 against a provider of a covered service, or its 
 directors, officers, employees, agents, or vendors, for 
 providing location information or assistance in 
 accordance with subparagraph
        (A) and any regulations 
 promulgated under this paragraph.
 ``
            (D) Relationship to state law.--
 ``
            (i) In general.--Nothing in this section 
 exempts a telecommunications carrier or a 
 provider of a covered service from complying, 
 in a circumstance described in clause
            (ii) , 
 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 the officer 
 or agent.
 ``
            (ii) Applicability.--A circumstance 
 described in this clause is a circumstance in 
 which the officer or agent--
 ``
            (I) makes the request while 
 acting in the course of the official 
 duties of the officer or agent; and
 ``
            (II) asserts that the request is 
 made for the purpose of responding to--
 ``

    (aa) a call for emergency 
 services; or
 ``

    (bb) an emergency 
 situation that involves the 
 risk of death or serious 
 physical harm.'';

    (2) in subsection

    (f)

    (1) , by striking ``subsection
            (d) (4) '' 
 and inserting ``subsection
            (d) (1)
            (D) ''; and

    (3) in subsection

    (h) , by adding at the end the following:
 ``

    (8) Covered service.--The term `covered service' means--
 ``
        (A) a commercial mobile service (as defined in 
 

section 332
            (d) ); or
 ``
        (B) an IP-enabled voice service (as defined in 
 

section 7 of the Wireless Communications and Public 
 Safety Act of 1999 (47 U.S.C. 615b)).
 ``

    (9) Investigative or law enforcement officer.--The term 
 `investigative or law enforcement officer' has the meaning 
 given the term `Investigative or law enforcement officer' in 
 

section 2510 of title 18, United States Code.''.

SEC. 3. CONFORMING AMENDMENT.

 

Section 2707

    (a) of title 18, United States Code, is amended by 
inserting after ``Except as provided in 

section 2703

    (e) '' the 
following: ``of this title and 

section 222
            (d) (2)
            (C) of the 
Communications Act of 1934''.
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