,i #aaith ,,congress #b;d ,session ,h4 ,r4 #igaf ,,in ,,the ,,house ,,of ,,representatives ,july #ae1 #bjbf,mr4 ,self 7for himself1 ,mr4 ,crane1 and ,mr4 ,clyde7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,oversight and ,government ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to prohibit ,federal law enforcement agencies from using or accessing ,state or local surveillance equipment or data to circumvent warrant requirements1 to establish a ,jurisdictional ,wall ,list of covered technologies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,rights in ,video and ,equipment ,acquired ,discovery ,act or the ,,privacy ,act4 #b4 ,use of ,state or local surveillance devices and data by ,federal law enforcement agencies 7a7 ,jurisdictional wall list 7#a7 ,establishment ,the ,attorney ,general shall create and maintain a list of surveillance devices and technologies operated by ,state or local law enforcement agencies that collect surveillance data to be known as the ,jurisdictional ,wall ,list4 7#b7 ,contents ,the list shall include1 at a minimum-- 7,a7 automated license plate readers2 7,b7 cameras that capture images of a vehicle's occupants2 7,c7 cameras that provide continuous coverage of a particular location2 7,d7 long-range microphones2 7,e7 electronic fingerprint detection technology2 7,f7 field chemical scanners2 and 7,g7 any substantially similar technology determined appropriate by the ,attorney ,general4 7#c7 ,periodic review ,at least every #ij days1 the ,attorney ,general shall review the list and determine whether to add1 remove1 or redesignate any devices or technologies4 7#d7 ,notice of additions ,the ,attorney ,general shall publish in the ,federal ,register any addition to the list under paragraph 7#c71 not less than #cj days prior to the effective date of such addition1 including a description sufficient to identify the device or technology and its primary collection capabilities4 7b7 ,warrant requirement ,except as provided in subsection 7e71 the head of a ,federal law enforcement agency may not access1 receive1 query1 direct1 task1 or otherwise obtain covered surveillance data without a warrant issued by a ,federal judge4 7c7 ,retention2 use as evidence 7#a7 ,retention limitation ,the head of a ,federal law enforcement agency may not retain covered surveillance data obtained pursuant to subsection 7b7 for more than #cj days unless-- 7,a7 the issuing court authorizes extended retention for good cause shown1 not to exceed an additional #ij days2 or 7,b7 the data constitutes evidence in an ongoing prosecution for which charges have been filed1 in which case the retention of such data shall be limited to the needs of the prosecution and subject to protective orders4 7#b7 ,suppression and inadmissibility 7,a7 ,in general ,if the head of a ,federal law enforcement agency obtains covered surveillance data without a warrant in violation of subsection 7b71 or retains covered surveillance data lawfully obtained longer than permitted under paragraph 7#a71 such data may not be admitted by the prosecution as evidence in any trial1 hearing1 or other proceeding in ,federal court4 7,b7 ,not excluded from disclosure ,the ,government may not exclude data described in subparagraph 7,a7 from any disclosure obligation in a proceeding in ,federal ,court solely on the basis of the manner in which such data was obtained4 7,c7 ,application of ,rule #af ,data described in subparagraph 7,a7 that is within the possession1 custody1 or control of the ,government shall be subject to the disclosure requirements of ,rule #af of the ,federal ,rules of ,criminal ,procedure1 including the requirement that the ,government permit inspection1 copying1 or photographing of such materials when material to preparing the defense1 intended for use in the ,government's case in chief1 or obtained from or belonging to the defendant4 7,d7 ,brady ,obligations ,notwithstanding any other provision of law1 the ,government shall disclose to the defendant any information described in paragraph 7,a7 that is favorable to the accused and material to guilt or punishment1 including exculpatory or impeachment evidence1 consistent with any applicable constitutional requirements4 7,e7 ,no ,waiver of ,other ,remedies ,nothing in this section shall be construed to limit a defendant's ability to seek suppression of evidence obtained by impermissible means or to pursue any other remedy available under the ,constitution or laws of the ,united ,states4 7#c7 ,incidental collection ,if the head of a ,federal law enforcement agency obtains covered surveillance data pursuant to subsection 7b71 and in the course of doing so1 obtains covered surveillance data that exceeds the scope of the warrant1 they shall minimize and dispose of such data1 and may not use such data for any investigative or evidentiary purpose1 except as otherwise required by law to prevent an imminent threat to life where no less intrusive alternative exists4 7d7 ,record keeping ,if the head of a ,federal law enforcement agency obtains covered surveillance data pursuant to subsection 7b71 they shall maintain contemporaneous records of each access1 query1 acquisition1 direction1 or tasking1 including the warrant number1 issuing court1 date ranges1 devices or technologies involved1 and any retention extensions1 and shall make such records available for review by the ,attorney ,general4 7e7 ,exceptions2 defined rights 7#a7 ,emergency exception 7,a7 ,in general ,the requirements under this section shall not apply if the head of a ,federal law enforcement agency reasonably believes that an emergency involving imminent danger of death or serious physical injury requires the immediate acquisition of covered surveillance data and that obtaining a warrant is impracticable4 7,b7 ,minimum data necessary ,any covered surveillance data acquired under this paragraph shall be limited to the minimum amount of data necessary to prevent death or serious physical injury4 7,c7 ,disposal of data ,the head of a ,federal law enforcement agency that acquires covered surveillance data under this paragraph shall document such acquisition not later than #bd hours after acquiring the data1 and dispose of such data not later than #cj days after acquiring the data1 unless the head of the agency obtains a warrant for such data in accordance with this section4 7#b7 ,consent ,the requirements under this section shall not apply if the person to whom the covered surveillance data pertains provides voluntary1 informed1 written consent to the head of the agency to access the data4 #c4 ,limitations on ,federal funding for surveillance devices 7a7 ,prohibition ,no ,federal funds may be used to purchase1 acquire1 or install a surveillance device or technology listed on the ,jurisdictional ,wall ,list4 7b7 ,exceptions ,subsection 7a7 shall not apply to the use of grant funds for-- 7#a7 systems used solely as part of a federally funded highway for the collection of tolls2 7#b7 school violence prevention programs1 with respect to which the device or technology is limited in scope1 operated with parental and community oversight1 and subject to minimization and retention limits that are consistent with this ,act2 7#c7 grants under section #agja of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajcha71 if the use of the device or technology is subject to minimization and retention limits that are consistent with this ,act2 or 7#d7 portable systems operated for specific1 case-bounded law enforcement purposes pursuant to a duly issued warrant1 and subject to minimization and retention limits consistent with this ,act4 7c7 ,byrne jag amendment ,section #eja7;a7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaeb7;a77 is amended by adding at the end the following3 7#c7 ,limitation on use of grant ,a grant under this part may not be used to purchase1 acquire1 or install a surveillance device or technology on ,jurisdictional ,wall ,list established under section #b of the ,protecting ,rights in ,video and ,equipment ,acquired ,discovery ,act4 4 #d4 ,reporting to congressional committees 7a7 ,semiannual reports ,beginning #ahj days after the effective date of this ,act1 and every #ahj days thereafter1 the ,attorney ,general shall submit to the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate a report detailing for the previous #ahj-;day period-- 7#a7 the number of incidents in which ,federal law enforcement agencies accessed1 received1 queried1 directed1 tasked1 or otherwise obtained covered surveillance data2 7#b7 the number and nature of warrants obtained for the acquisition of such data1 including the courts that issued such warrants1 and the general categories of offenses for which the data was sought2 7#c7 the number of emergency exception uses under section #b7;e77#a71 including justifications and outcomes2 and 7#d7 any instances in which a ,federal law enforcement agency obtained covered surveillance data without a warrant in violation of subsection 7b71 or retained covered surveillance data lawfully obtained longer than permitted under paragraph 7#a71 and any corrective actions taken by the agency4 7b7 ,agency reporting ,the head of each ,federal law enforcement agency that obtains covered surveillance data shall provide such information as is necessary to the ,attorney ,general for purposes of the reports under subsection 7a74 7c7 ,public summary ,the ,attorney ,general shall make an unclassified summary of each report publicly available4 #e4 ,minimization standards ,the ,attorney ,general shall promulgate regulations-- 7#a7 establishing minimization procedures applicable to the acquisition of covered surveillance data under this ,act including-- 7,a7 prompt deletion of non-pertinent data2 7,b7 strict segregation of data to prevent the use of such data outside the scope of the warrant2 and 7,c7 a prohibition on using covered surveillance data to identify individuals engaged in protected ,first ,amendment activity absent probable cause and a warrant2 7#b7 providing for the auditing of ,federal law enforcement agencies to ensure compliance with the requirements under this ,act2 and 7#c7 providing for training for employees of ,federal law enforcement agencies to ensure compliance with the requirements under this ,act4 #f4 ,no retaliatory use ,the head of a ,federal law enforcement agency may not use covered surveillance data to monitor1 track1 or locate an individual based solely on the exercise of rights secured by the ,first ,amendment to the ,constitution4 #g4 ,rules of construction ,nothing in this ,act may be construed to-- 7#a7 authorize any collection of surveillance data not otherwise permitted by law2 7#b7 diminish ,state or local obligations to comply with the laws of the ,state or locality2 or 7#c7 limit any greater privacy protections afforded by other ,federal or ,state law4 #h4 ,enforcement 7a7 ,civil action ,any person with respect to whom the head of a ,federal law enforcement agency obtains covered surveillance data in violation of this ,act may bring a civil action in an appropriate ,united ,states district court against the ,united ,states1 any ,federal law enforcement agency1 or officer or employee thereof acting in an official capacity1 for declaratory and injunctive relief1 actual damages1 and reasonable attorney's fees and costs4 ,sovereign immunity is waived to the extent necessary to provide such relief4 7b7 ,administrative sanctions ,an employee of a ,federal law enforcement agency who knowingly or recklessly violates this ,act shall be subject to appropriate administrative sanctions1 including suspension1 termination1 and referral to the ,office of ,professional ,responsibility of the applicable ,federal law enforcement agency4 7c7 ,inspector general oversight ,the ,inspector ,general of each ,federal law enforcement agency shall conduct periodic audits of the compliance of the relevant ,federal law enforcement agency with this ,act and shall report their findings and recommendations to the ,attorney ,general and to the ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate4 #i4 ,severability2 constitutional validity 7a7 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is held to be invalid1 the remainder of this ,act1 and the application of the remaining provisions to any person or circumstance1 shall not be affected4 7b7 ,constitutional validity ,nothing in this ,act shall be construed to limit1 diminish1 or expand the validity of the ,constitution of the ,united ,states1 including rights secured by the ,fourth ,amendment4 7c7 ,other law ,this ,act does not limit requirements under chapters #aai and #aba of title #ah1 ,united ,states ,code 7commonly referred to as the ,electronic ,communications ,privacy ,act71 section #eeb;a of title #e1 ,united ,states ,code4 #aj4 ,definitions ,in this ,act3 7#a7 ,surveillance data ,the term surveillance data means any image1 video1 audio1 signal1 location information1 metadata1 or derivative analytical output collected1 generated1 or stored by a surveillance device or technology4 7#b7 ,covered surveillance data ,the term covered surveillance data means surveillance data that is collected by a ,state or local law enforcement agency using any device or technology that is on the ,jurisdictional ,wall ,list as of the date of the collection of such data4 7#c7 ,federal law enforcement agency ,the term ,federal law enforcement agency has the meaning given such term in section #b of the ,enhanced ,border ,security and ,visa ,entry ,reform ,act of #bjjb 7#h ,u4,s4,c4 #agja74 #aa4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is#ahj days after the date of enactment of this ,act4