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Requires telecommunications providers to promptly disclose available device location information to law enforcement agencies or 911 call centers in limited emergency situations. The bill defines key terms, limits requests to recent 911 callers or situations where there is reasonable suspicion someone is in imminent danger, requires consent from the subscriber or next of kin (or documented reasonable attempts to obtain consent when delay would increase risk), and mandates written records of such requests while preserving state laws that require disclosure. The law also establishes a priority order for identifying next of kin for consent and places time and scope limits on when location data can be sought (including a 48‑hour window after a device places a 911 call). No new funding or broad program authorizations are specified.
The bill improves emergency response by enabling faster access to device location and stronger documentation, but it expands situations where location data can be obtained without a warrant—raising privacy risks, potential for misuse, and compliance burdens for providers and agencies.
People who are injured, missing, or otherwise in imminent danger (and 911 callers within the prior 48 hours) can have the location of their phone quickly obtained by 911 call centers or police, improving chances of timely rescue and response.
Emergency responders and providers are required to act promptly and document location requests, creating an audit trail that can improve accountability and coordination during crises.
Telecommunications providers and subscribers get clearer definitions of key terms (like 'location information' and 'telecommunications device'), reducing ambiguity about when location data may be shared.
Subscribers and smartphone users can have location data disclosed without a warrant based on law enforcement assertions of emergency or inability to obtain consent, giving officers broad discretion that risks privacy invasions and potential misuse.
Family members or next-of-kin may be contacted or pressured to provide consent or disclose a person's location, creating privacy and family-relationship risks for both subjects and relatives.
Providers face potentially inconsistent obligations because they must comply with both federal directives and any applicable state laws requiring disclosure of location data, complicating privacy protections and compliance.
Law enforcement agencies will incur additional administrative costs to maintain detailed records of emergency location requests, which could divert limited resources or require new funding.
Designates the official short title of the Act as the "Kelsey Smith Act."
Defines "location information" as data about the current or most recently known location of a telecommunications device, excluding contents of wire or electronic communications.
Defines "customer premises equipment" and "telecommunications device" by reference to the Communications Act of 1934 (47 U.S.C. 153) and the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615b).
Requires a provider of electronic communication service to provide available location information without delay when an investigative or law enforcement officer, or a public safety answering point (PSAP) agent acting for such an officer, requests it and asserts specified emergency conditions.
Permits location disclosure when the officer asserts that the device either called a PSAP requesting emergency assistance within the prior 48 hours or that the officer has reasonable suspicion the device is with a person involved in an emergency risking death or serious physical harm.
Who is affected and how:
Operational and legal effects:
Amends definitions in 18 U.S.C. 2510 by adding definitions for 'location information', 'customer premises equipment', and 'telecommunications device' (and includes cross-references to definitions in the Communications Act of 1934 and the Wireless Communications and Public Safety Act of 1999).
Adds a new subsection (i) to 18 U.S.C. 2703 requiring providers of electronic communication service to disclose available location information without delay to law enforcement or PSAP agents under specified emergency conditions, and requires agencies to maintain records and sets rules on state law relationship and next-of-kin priority.
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Referred to the House Committee on the Judiciary.
Introduced March 2, 2026 by Derek Schmidt · Last progress March 2, 2026
Referred to the House Committee on the Judiciary.
Introduced in House