HR 3825 — Kelsey Smith Act

Bill Text

• Introduced Introduced in House Current html June 06, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill requires telecommunications carriers to provide location information to law enforcement and public safety officials in emergency situations, amending existing confidentiality provisions.

• 47 U.S.C. 222

  Nothing in this section → (1) Permitted disclosures.--Nothing in this section

  This change allows for specific exceptions to the confidentiality provisions, enabling certain disclosures.

• 47 U.S.C. 222

  (2) Required emergency disclosure of location information to law enforcement or public safety answering point.-- 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.

  This establishes a new requirement for providers to disclose location information in emergencies.

• 47 U.S.C. 222

  (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)).

  This defines what constitutes a 'covered service' for the purposes of the required disclosures.

• 47 U.S.C. 222

  (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.

  This clarifies the definition of 'investigative or law enforcement officer' as it relates to the new provisions.

• 18 U.S.C. 2707(a)

  of this title and section 222(d)(2)(C) of the Communications Act of 1934

  This amendment references the new requirement for disclosure in civil actions related to violations.

• 47 U.S.C. 222

  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).

  This mandates record-keeping for requests made under the new emergency disclosure provision.

• 47 U.S.C. 222

  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.

  This provides immunity to service providers from lawsuits when they comply with the new disclosure requirements.

Action History

1. June 06, 2025

   Introduced in House

2. June 06, 2025

   Introduced in House

3. June 06, 2025

   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.

4. June 06, 2025

   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.

Sponsors

• Sharice Davids · Cosponsor
• Ron Estes · Cosponsor
• Tracey Mann · Cosponsor
• Derek Schmidt · Primary

Subjects