H.R. 7752

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7752 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7752

To amend section 2703 of title 18, United States Code, to require 
emergency disclosure of location information to law enforcement or 
public safety answering point.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 2, 2026

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

_______________________________________________________________________

A BILL

To amend section 2703 of title 18, United States Code, to require 
emergency disclosure of location information to law enforcement or 
public safety answering point.

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.

(a) Definitions.--Section 2510 of title 18, United States Code, is 
amended--
(1) in paragraph (20), by striking ``and'' at the end;
(2) in paragraph (21), by striking the period at the end 
and inserting a semicolon; and
(3) by adding at the end the following:
``(22) the term `location information'--
``(A) means any data or information concerning the 
current or most recently known location of a 
telecommunications device that, in whole or in part, is 
generated, derived from, or obtained by the operation 
of the device; and
``(B) does not include the contents of any wire or 
electronic communication;
``(23) the term `telecommunications device' means any 
customer premises equipment (as such term is defined in section 
3 of the Communications Act of 1934 (47 U.S.C. 153)); and
``(24) the term `public safety answering point' shall have 
the meaning given such term in section 7 of the Wireless 
Communications and Public Safety Act of 1999 (47 U.S.C. 
615b).''.
(b) Required Emergency Disclosure of Location Information to Law 
Enforcement or Public Safety Answering Point.--Section 2703 of title 
18, United States Code, is amended by adding at the end the following:
``(i)(1) Location Information Requests.--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 such officer, a 
provider of electronic communication service shall provide to such 
officer the available location information of a telecommunications 
device without delay if the officer asserts--
``(A)(i) that the telecommunications device was used to 
contact a public safety answering point requesting emergency 
assistance during the preceding 48-hour period; or
``(ii) that the officer has reasonable suspicion that the 
telecommunications device is in the possession or presence of 
an individual who is involved in an emergency situation that 
involves the risk of death or serious physical harm; and
``(B)(i) the subscriber or customer of such electronic 
telecommunication service has consented to such request or, if 
such subscriber or customer is not reasonably available, then 
the next of kin of such subscriber or customer has consented; 
or
``(ii)(I) reasonable efforts have been made to 
obtain such consent or the consent of next of kin of 
such subscriber or customer;
``(II) such consent was neither obtained 
nor refused; and
``(III) such officer reasonably believes 
delay in providing the available location 
information may increase the risk of death or 
serious physical harm.
``(2) 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 an electronic communication 
service under paragraph (1) the investigative or law enforcement agency 
employing the officer shall maintain a record of the request that 
includes each of the following:
``(A) 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).
``(B) A declaration that disclosure of location information 
is needed based on the conditions described in clause (i) or 
(ii) of subparagraph (1)(A) and that the requirements of clause 
(i) or (ii) of subparagraph (1)(B) have been satisfied.
``(C) A description--
``(i) of the request that explains the need for 
disclosure of location information; and
``(ii) of the manner and the name of the person by 
whom the consent required by clause (i) of subparagraph 
(1)(B) was given or of the reasonable efforts required 
by clause (ii) of subparagraph (1)(B).
``(3) Relationship to State Law.--
``(A) In general.--Nothing in this subsection shall exempt 
a telecommunications carrier or a provider of electronic 
communication service from complying 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 such officer or agent.
``(B) Applicability.--A circumstance described in this 
subparagraph 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--
``(I) a call for emergency services; or
``(II) an emergency situation that involves 
the risk of death or serious physical harm.
``(4) Next of Kin Determination.--For the purposes of this 
subsection, a next of kin determination shall be made in the following 
priority order:
``(A) Legal spouse.
``(B) Child (whether by current or prior marriage) age 18 
years or older in descending precedence by age.
``(C) Father or mother, unless by court order custody has 
been vested in another (adoptive parent takes precedence over 
natural parent).
``(D) Sibling (whole or half) age 18 years or older in 
descending precedence by age.
``(E) Grandfather or grandmother.
``(F) Any other relative (precedence to be determined in 
accordance with the civil law of descent in the State in which 
the investigative or law enforcement officer is employed).''.
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