,,ii #aaith ,,congress #ast ,session ,s4 #bibe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bi1 #bjbe,mr4 ,schumer 7for himself1 ,ms4 ,cantwell1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to direct the ,federal ,trade ,commission to conduct a study on the governance of neural data and other related data1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,management of ,individuals' ,neural ,data ,act of #bjbe or the ,,mind ,act of #bjbe4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 an individual's neural data and other related data can be monetized and used to shape individual behavior1 emotional states1 and decision making in ways existing laws do not adequately address2 7#b7 vertical corporate integration of neurotechnology1 artificial intelligence systems1 wearable devices1 digital platforms1 and global data infrastructure may create interconnected systems with insufficient transparency1 accountability1 or user control regarding the use of such data2 7#c7 such concentration increases the risk of behavioral influence1 cognitive manipulation1 erosion of personal autonomy1 and the exacerbation of existing social and economic disparities1 particularly in the absence of enforceable privacy protections1 including protections of neural data and other related data2 7#d7 the absence of a comprehensive ,federal standard for the collection1 processing1 and international transfer of such data presents risks to civil liberties and to national security1 given the dual-use potential of and foreign interest in the data assets of the ,united ,states2 7#e7 strong protections for such data are essential to safeguard privacy1 prevent discrimination and exploitation1 and ensure that innovation in neurotechnology applications proceeds with accountability and public trust2 and 7#f7 while this ,act focuses primarily on neural data1 related biometric and behavioral data that can reveal mental states may pose similar risks and warrant comparative analysis to identify broader privacy gaps4 #c4 ,definitions ,in this ,act3 7#a7 ,artificial intelligence ,the term artificial intelligence has the meaning given such term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#d7 ,neural data ,the term neural data means information obtained by measuring the activity of an individual's central or peripheral nervous system through the use of neurotechnology4 7#e7 ,neurotechnology ,the term neurotechnology means a device1 system1 or procedure that accesses1 monitors1 records1 analyzes1 predicts1 stimulates or alters the nervous system of an individual to understand1 influence1 restore1 or anticipate the structure1 activity1 or function of the nervous system4 7#f7 ,other related data ,the term other related data-- 7,a7 means biometric1 physiological1 or behavioral information that does not directly measure the neural activity or central or peripheral nervous system of an individual1 but can be processed1 analyzed1 or combined with other data to infer1 predict1 or reveal cognitive1 emotional1 or psychological states or neurological conditions2 and 7,b7 may include heart rate variability1 eye-tracking patterns1 voice analysis1 facial expression recognition1 sleep patterns1 or other signals derived from consumer devices1 wearables1 or biosensors4 #d4 ,federal trade commission study and report on neural data governance 7a7 ,study and report 7#a7 ,study 7,a7 ,in general ,the ,commission shall conduct a study on-- 7i7 what additional authorities1 if any1 the ,federal ,government needs to regulate neural data and other related data that can reveal an individual's mental state or activity1 and to establish appropriate privacy protections for individuals in the ,united ,states2 7ii7 best practices for privacy and data security for the private sector to protect such data2 and 7iii7 the extent to which existing laws1 regulations1 and governing frameworks1 including the ,health ,insurance ,portability and ,accountability ,act of #aiif 7,public ,law #ajd-aia71 govern the use1 storage1 processing1 portability1 and privacy of such data1 any gaps in law that should be addressed1 and potential additional protections for such data that fall outside the scope of such ,act4 7,b7 ,consultation ,in conducting the study described in subparagraph 7,a71 the ,commission shall consult with-- 7i7 the ,director of the ,office of ,science and ,technology ,policy2 7ii7 the ,commissioner of ,food and ,drugs2 7iii7 other relevant ,federal agencies determined appropriate by the ,commission2 and 7iv7 representatives of the private sector1 academia1 civil society1 consumer advocacy organizations1 labor organizations1 patient advocacy organizations1 and clinical research stakeholders including medical and health care professionals4 7#b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,commission shall-- 7,a7 submit to ,congress a report on the study conducted under paragraph 7#a7 that-- 7i7 includes the information described in subsection 7b72 and 7ii7 describes a regulatory framework that maximizes opportunities for responsible innovation in neurotechnology while minimizing the risks of harm that arise from such innovation1 such as discrimination1 profiling1 surveillance1 manipulation1 and the misuse of neural data and other related data in employment1 healthcare1 financial services1 education1 commerce1 and public life2 and 7,b7 publish the report on the website of the ,commission4 7b7 ,report contents ,the report described in subsection 7a77#b7 shall include-- 7#a7 an analysis on-- 7,a7 the collection1 processing1 storage1 sale1 and transfer of neural data and other related data2 and 7,b7 all relevant uses of neurotechnology1 neural data1 and other related data for understanding1 analyzing1 and influencing human mental states and behavior2 7#b7 a summary of the ethical1 legal1 and regulatory landscape surrounding neural data and other related data that can reveal an individual's mental state or activity1 including any existing guidelines related to-- 7,a7 the collection of such data2 7,b7 consent for the collection1 use1 and transfer of such data2 7,c7 individual rights relating to such data2 7,d7 predictive modeling2 and 7,e7 using such data to infer or influence behavior2 7#c7 an assessment of-- 7,a7 how neural and other related data is collected1 processed1 and transferred in interstate commerce1 and the benefits and risks associated with the collection and use of such data1 including how such data may serve the public interest1 improve the quality of life of the people of the ,united ,states1 or advance innovation in neurotechnology and neuroscience2 and 7,b7 how the use of such data may pose risks to individuals1 including vulnerable populations1 across different contexts or use cases2 7#d7 recommendations for the categorization and oversight of neural data and other related data uses1 including-- 7,a7 a framework that-- 7i7 distinguishes categories of such data1 classifying such data based on both the potential for beneficial use cases 7including medical1 scientific1 or assistive applications71 and the potential for individual1 societal1 or group-level harm arising from misuse2 7ii7 describes the properties of such data based on its capacity to directly or indirectly identify an individual or to reveal or infer sensitive personal information about an individual2 and 7iii7 suggests corresponding governance requirements such as heightened oversight1 stricter consent standards1 prohibited use cases regardless of individual consent1 enhanced access restrictions1 and cybersecurity protections2 7,b7 standards for computational models of the brain and guidance on assessing harms in contexts where such data is integrated with artificial intelligence or used as part of a system designed to influence behavior or decision making2 7,c7 an analysis of whether1 and if so how1 individuals may be exposed to unfair1 deceptive1 or coercive trade practices through the misuse of neural data and other related data across different environments1 and recommendations for safeguards to prevent such harms2 and 7,d7 recommendations for categorizing certain applications of neural data and other related data1 or certain practices regarding such data1 as impermissible1 such as those designed to manipulate behavior or erode privacy with respect to an individual's mental state or activity2 7#e7 an examination of how the application of artificial intelligence to neural and other related data that can reveal an individual's mental state or activity may reshape the risks1 oversight demands1 and ethical considerations associated with such data2 7#f7 recommendations for consumer transparency1 consent frameworks1 and neural data and other related data use restrictions1 such as-- 7,a7 limiting such data use to only clearly disclosed purposes2 7,b7 restricting the resale of such data to third parties or the use of such data for individual profiling or targeted advertising2 7,c7 the use of separate1 conspicuous consent mechanisms for the use of such data in developing or deploying computational models of the brain2 7,d7 the public disclosure of-- 7i7 intended uses for such data1 sharing practices1 and artificial intelligence applications2 and 7ii7 policies related to the retention and deletion of such data2 and 7,e7 prohibited use cases1 regardless of individual consent2 7#g7 recommendations regarding applications of neural data and other related data in specific areas1 including-- 7,a7 sectors or practices that raise concerns about privacy1 manipulation1 discrimination1 inequality1 or long-term harm1 such as-- 7i7 employment practices1 such as in hiring1 surveillance1 or performance evaluation2 7ii7 educational settings and other settings involving children under the age of #ac and teens2 7iii7 insurance1 financial1 and housing services2 7iv7 neuromarketing and behavioral shaping1 including the targeting of consumers2 7v7 commercial surveillance2 7vi7 monetization models1 such as data brokers1 that aggregate or sell neural data and other related data2 7vii7 the transfer of neural data and other related data through acquisitions1 mergers1 or bankruptcy proceedings2 7viii7 law enforcement and the criminal justice system2 and 7ix7 sectors where algorithmic recommendation or design patterns intentionally amplify addictive use or behavioral manipulation2 7,b7 how existing ,federal statutes enforced by the ,commission1 including the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 and other consumer protection laws1 apply to neural data and other related data2 and 7,c7 whether there are regulatory gaps in protecting the privacy of children and teens1 including the applicability of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja et seq47 and related laws to neural data and other related data2 7#h7 an analysis of the potential security risks associated with the collection1 use1 and transfer of neural data and other related data1 including-- 7,a7 an assessment of current cybersecurity and data protection requirements applicable to entities that collect1 process1 or store neural data or other related data1 including any gaps in such requirements where such entities fall outside existing ,federal standards1 such as the ,health ,insurance ,portability and ,accountability ,act of #aiif 7,public ,law #ajd-aia72 7,b7 an assessment of interagency review models to determine whether certain exports1 public releases1 or commercial uses of neurotechnologies1 including their component parts and integration with artificial intelligence systems1 should be subject to restrictions or enhanced controls2 7,c7 an examination of foreign investment risks in neurotechnology firms2 7,d7 recommendations on actions the ,government and nongovernment actors can take to ensure transparency and due diligence in international partnerships involving such data2 7,e7 supply chain risks involving components used in neurotechnology that are acquired from foreign countries2 and 7,f7 the implications of storing and processing such data locally versus in cloud environments2 7#i7 recommendations for incentive structures that promote ethical innovation in neurotechnology that prioritize consumer protection and descriptions of how such structures can be aligned with existing regulatory and certification pathways or requirements1 such as the development of-- 7,a7 voluntary standards tied to business incentives1 such as research and development tax credits and expedited regulatory pathways2 7,b7 financial support for responsible scientific inquiry and innovation in neurotechnology1 conducted in ethically governed and controlled environments1 with safeguards to prevent misuse or harmful applications2 7,c7 regulatory sandbox mechanisms to enable early-stage neural data applications to be tested with agency oversight1 informed consent1 and structured risk review2 7,d7 policies that promote long-term support for users of brain-computer interfaces1 such as interoperability standards and post-trial maintenance practices2 7,e7 competitive incentives1 such as procurement preferences for companies that meet specified standards relating to the use of neurotechnology2 7,f7 public-private partnerships to develop open standards and ethical practices regarding the treatment of neural data and other related data2 and 7,g7 ways the ,centers for ,medicare ,medicaid ,services and the ,food and ,drug ,administration can coordinate on the use and approval of neurotechnology to reduce reimbursement and coverage barriers2 7#aj7 a proposed framework for enforcement mechanisms1 remedies1 and penalties for the misuse of1 gross negligence regarding the use of1 and unauthorized collection1 use1 transfer1 or disclosure of neural data and other related data2 and 7#aa7 other analysis and recommendations determined appropriate by the ,commission4 7c7 ,annual updates ,not later than #a year after the date the ,commission submits the report to ,congress under subsection 7a71 and not less frequently than annually thereafter1 the ,commission shall publicly update the findings in such report to-- 7#a7 reflect evolving advancements in neurotechnology1 neural data and other related data use cases1 and the associated risks involved with such advancements and use cases2 and 7#b7 assess whether additional reports or updates to any guidance are necessary to ensure that privacy1 particularly as it relates to neural data and other related data1 continues to be protected4 7d7 ,authorization of appropriations ,there is authorized to be appropriated #aj1jjj1jjj for purposes of carrying out this section4 #e4 ,conditional limitations on ,federal agency use of neural data 7a7 ,guidance to ,federal agencies 7#a7 ,in general ,not later than #ahj days after the ,commission submits the report described in section #d7;a77#b71 the ,director of the ,office of ,science and ,technology ,policy1 in consultation with the ,commission and the ,director of the ,office of ,management and ,budget1 shall develop guidance1 using such report to inform such guidance1 regarding the procurement and operational use by ,federal agencies of neurotechnology that collects1 uses1 procures1 or otherwise processes neural data or other related data4 ,such guidance shall identify-- 7,a7 prohibited1 permissible1 and conditionally permitted use cases of such neurotechnology that are consistent with such report2 7,b7 technical1 procedural1 and ethical safeguards regarding each use case of such neurotechnology2 and 7,c7 requirements for transparency1 limitations regarding the purposes for which such neurotechnology can be used1 individual opt-in consent mechanisms regarding the use of such neurotechnology1 and protections for the privacy of the people of the ,united ,states4 7#b7 ,binding guidance ,not later than #fj days after the ,director of the ,office of ,science and ,technology ,policy develops the guidance under paragraph 7#a71 the ,director of the ,office of ,management and ,budget shall issue binding implementation guidance to each ,federal agency pursuant to the guidance developed under paragraph 7#a74 7b7 ,prohibition 7#a7 ,in general ,the head of a ,federal agency may not procure or operate any neurotechnology that collects1 uses1 procures1 or otherwise processes neural data in a manner inconsistent with the guidance issued under subsection 7a77#b74 7#b7 ,effective date ,paragraph 7#a7 shall take effect on the date that is #a year after the date on which the ,director of the ,office of ,management and ,budget issues guidance in accordance with subsection 7a77#b74