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Congress·In Committee·H.R. 7752

Rep. Schmidt Introduces Kelsey Smith Act to Help Police Track Missing Persons via Cell Data

Kelsey Smith Act

16 days ago·View on Congress.gov

Legislative Progress

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Key Points

  • This bill requires cell phone companies to immediately share a device's location data with law enforcement during life-threatening emergencies, such as kidnappings or missing person cases, without needing a warrant.

    From policy text

    “a provider of electronic communication service shall provide to such officer the available location information of a telecommunications device without delay”
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  • Police can request location data if the phone was used to call 911 within the last 48 hours, or if an officer has reasonable suspicion that someone with the device faces a risk of death or serious physical harm.

    From policy text

    “that the telecommunications device was used to contact a public safety answering point requesting emergency assistance during the preceding 48-hour period”
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  • The law only covers location information — not the contents of calls, texts, or other private data. Location information is defined as data about the current or most recently known position of a device.

    From policy text

    “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”
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  • Officers must try to get consent from the phone's owner or their next of kin before requesting data, but they can proceed without it if getting permission isn't possible and delay could increase the risk of death or serious harm.

    From policy text

    “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.”
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  • Police agencies must keep detailed records of every emergency location request, including the officer's name, the justification for the request, and how consent was obtained or why it was bypassed.

    From policy text

    “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”
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  • The bill does not override stronger state laws — if a state already requires carriers to hand over location data in emergencies, that state law still applies. This creates a federal floor, not a ceiling.

    From policy text

    “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”
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Impact Analysis

Personal Impact

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

State Impacts

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones2 actions
Mar 2, 2026House

Referred to the House Committee on the Judiciary.

Mar 2, 2026

Introduced in House

Source Information

Document Type

Congressional Bill

Official Title

Kelsey Smith Act

Bill NumberHR 7752
Congress119th Congress
ChamberHouse of Representatives
Latest ActionReferred to the House Committee on the Judiciary.

Sponsor

Cosponsors

(3)
D: 1R: 2

Analysis generated by AI. Always verify with official sources.