Kelsey Smith Act

Summary

Requires commercial mobile and certain internet voice providers to disclose a device’s location to a law enforcement officer or a public safety answering point (PSAP) employee/agent without delay in two emergency cases: if the device was used to place a 9‑1‑1 call for help within the prior 48 hours, or if an officer/agent has reasonable suspicion the device is in the possession of a person involved in an emergency that risks death or serious physical harm. The bill adds mandatory disclosure procedures and recordkeeping for the requesting agency, grants limited immunity to providers who comply, and clarifies that applicable state disclosure laws still apply. A separate amendment to 18 U.S.C. § 2707(a) is referenced but the specific insertion text is missing from the provided draft.

• Requires covered commercial mobile and IP‑enabled voice providers to disclose device location without delay in two defined emergency situations.
• Emergency triggers are: a 9‑1‑1 call from the device within the last 48 hours, or reasonable suspicion the device is with someone involved in an emergency risking death or serious harm.
• Requesting officers/agents/PSAP personnel must create and keep a record documenting the request and the emergency basis for disclosure.
• Provides limited immunity for providers, employees, and vendors who make disclosures consistent with the law and regulations.
• Clarifies that providers must still comply with applicable state laws that require disclosure when requests meet those state conditions.
• Defines "covered service" and references federal definitions for law enforcement officers to limit scope.
• Includes technical renumbering and cross‑reference updates in the communications statute.
• References an amendment to 18 U.S.C. § 2707(a) but the actual inserted language is missing from the draft, creating uncertainty about that change.