S. 273Senate116th Congress (2019-2021)In Committee

Kelsey Smith Act

Introduced January 30, 2019

AI-Generated Summary

Updated April 14, 2026 at 1:07 AM UTC

The Kelsey Smith Act amends the Communications Act of 1934 to require telephone and mobile service providers to give a user’s location information to law‑enforcement officers or public‑safety answering points when it is needed for an emergency. The law applies when a 9‑1‑1 call was made within the past 48 hours or when there is reasonable suspicion that the device is involved in a situation that could cause death or serious injury. It also sets record‑keeping rules for agencies and shields providers from civil liability for complying.

Key Provisions

  • Providers must disclose a device’s location without delay if an officer or public‑safety agent shows either (i) the device was used for a 9‑1‑1 call in the last 48 hours, or (ii) reasonable suspicion that the device is linked to an emergency risking death or serious harm.
  • Law‑enforcement agencies must keep a record of each location request, including the requesting officer’s name, a description of why the information is needed, and a statement that the request meets the emergency criteria.
  • Providers, their employees, and vendors are protected from civil or administrative lawsuits when they disclose location information as required by the Act.
  • The Act does not override state laws that also require providers to give location data in similar emergency situations.
  • It defines “covered service” as commercial mobile services or IP‑enabled voice services, and clarifies who counts as an “investigative or law‑enforcement officer.”
  • A conforming amendment adds a reference to this new emergency‑disclosure rule in 18 U.S.C. § 2707, which governs the handling of electronic communications in criminal investigations.

Legislative Activity

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1 earlier action
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S770-771)

January 30, 2019

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SenateIntro Referral

Introduced in Senate

January 30, 2019

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation. (Sponsor introductory remarks on measure: CR S770-771)

January 30, 2019

Floor Debate

10 members

What members said about S. 273 on the floor

9 Republicans1 Democrat
Rob Portman
Sen. Rob PortmanR-OH · Jan 30, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, as most people are painfully aware, we just went through a 35-day government shutdown. It didn't…

Pat Roberts
Sen. Pat RobertsR-KS · Jan 30, 2019

Mr. President, I rise today to speak about an important piece of legislation I just filed, aptly named after the young Kansan whose life and bright future was cut short by a senseless act of violence…

Pat Roberts
Sen. Pat RobertsR-KS · Jan 30, 2019

Mr. President, I rise today to speak about an important piece of legislation I just filed, aptly named after the young Kansan whose life and bright future was cut short by a senseless act of violence…

John Kennedy
Sen. John KennedyR-LA · Jan 30, 2019

Mr. President, as you know, today, or very shortly, the Senate is going to be taking up S. 1, called the Strengthen America's Security in the Middle East Act. Through the Chair, I would say, S. 1 is…

John Barrasso
Sen. John BarrassoR-WY · Jan 30, 2019

Mr. President, first, I associate myself with the remarks that we just heard from the distinguished Senator from Missouri, who made some wonderful points about how important the bill that we are…

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Roy Blunt
Sen. Roy BluntR-MO · Jan 30, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, the Senate is currently debating the Strengthening America's Security in the Middle East Act.…

Deb Fischer
Sen. Deb FischerR-NE · Jan 30, 2019

Mr. President, I rise to address the state of our military readiness. We live in an uncertain world, one that is perhaps more unstable than at any time since the end of the Cold War. As Russia…

John Cornyn
Sen. John CornynR-TX · Jan 30, 2019

Mr. President, I appreciate the fact that the majority leader has put before the Senate an important piece of legislation that reemphasizes our support for our allies in the Middle East, a very…

John Thune
Sen. John ThuneR-SD · Jan 30, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, Republicans started out the last Congress with one goal, and that is to make life better for…

Tim Kaine
Sen. Tim KaineD-VA · Jan 30, 2019

Mr. President, today I introduced the End Shutdowns Act. Enacting this bill would go a long way towards avoiding the pain and suffering caused to families from government shutdowns, such as the…

Pat Roberts
Sen. Pat RobertsR-KS · Jan 30, 2019

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I yield the floor. I suggest the absence of a quorum.

Mitch McConnell
Sen. Mitch McConnellR-KY · Jan 30, 2019

Mr. President, I suggest the absence of a quorum. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Bill Text

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Introduced in SenateIssued January 30, 2019

II

116th CONGRESS

1st Session

S. 273

IN THE SENATE OF THE UNITED STATES

January 30, 2019

Mr. Roberts (for himself, Mr. Moran, Mr. Blunt, and Mrs. Fischer) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

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.

1.

Short title

This Act may be cited as the Kelsey Smith Act.

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.

.

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.