[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9716 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9716
To prohibit Federal law enforcement agencies from using or accessing
State or local surveillance equipment or data to circumvent warrant
requirements, to establish a Jurisdictional Wall List of covered
technologies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 2026
Mr. Self (for himself, Mr. Crane, and Mr. Clyde) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Oversight and Government Reform,
for a period to be subsequently determined by the Speaker, 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
requirements, to establish a Jurisdictional Wall List of covered
technologies, and for other purposes.
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 ``Protecting Rights in Video and
Equipment Acquired Discovery Act'' or the ``PRIVACY Act''.
SEC. 2. USE OF STATE OR LOCAL SURVEILLANCE DEVICES AND DATA BY FEDERAL
LAW ENFORCEMENT AGENCIES.
(a) Jurisdictional Wall List.--
(1) 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 List''.
(2) Contents.--The list shall include, at a minimum--
(A) automated license plate readers;
(B) cameras that capture images of a vehicle's
occupants;
(C) cameras that provide continuous coverage of a
particular location;
(D) long-range microphones;
(E) electronic fingerprint detection technology;
(F) field chemical scanners; and
(G) any substantially similar technology determined
appropriate by the Attorney General.
(3) Periodic review.--At least every 90 days, the Attorney
General shall review the list and determine whether to add,
remove, or redesignate any devices or technologies.
(4) Notice of additions.--The Attorney General shall
publish in the Federal Register any addition to the list under
paragraph (3), not less than 30 days prior to the effective
date of such addition, including a description sufficient to
identify the device or technology and its primary collection
capabilities.
(b) Warrant Requirement.--Except as provided in subsection (e), the
head of a Federal law enforcement agency may not access, receive,
query, direct, task, or otherwise obtain covered surveillance data
without a warrant issued by a Federal judge.
(c) Retention; Use as Evidence.--
(1) Retention limitation.--The head of a Federal law
enforcement agency may not retain covered surveillance data
obtained pursuant to subsection (b) for more than 30 days
unless--
(A) the issuing court authorizes extended retention
for good cause shown, not to exceed an additional 90
days; or
(B) the data constitutes evidence in an ongoing
prosecution for which charges have been filed, in which
case the retention of such data shall be limited to the
needs of the prosecution and subject to protective
orders.
(2) Suppression and inadmissibility.--
(A) In general.--If the head of a Federal law
enforcement agency obtains covered surveillance data
without a warrant in violation of subsection (b), or
retains covered surveillance data lawfully obtained
longer than permitted under paragraph (1), such data
may not be admitted by the prosecution as evidence in
any trial, hearing, or other proceeding in Federal
court.
(B) Not excluded from disclosure.--The Government
may not exclude data described in subparagraph (A) from
any disclosure obligation in a proceeding in Federal
Court solely on the basis of the manner in which such
data was obtained.
(C) Application of rule 16.--Data described in
subparagraph (A) that is within the possession,
custody, or control of the Government shall be subject
to the disclosure requirements of Rule 16 of the
Federal Rules of Criminal Procedure, including the
requirement that the Government permit inspection,
copying, or photographing of such materials when
material to preparing the defense, intended for use in
the Government's case in chief, or obtained from or
belonging to the defendant.
(D) Brady obligations.--Notwithstanding any other
provision of law, the Government shall disclose to the
defendant any information described in paragraph (A)
that is favorable to the accused and material to guilt
or punishment, including exculpatory or impeachment
evidence, consistent with any applicable constitutional
requirements.
(E) 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
States.
(3) Incidental collection.--If the head of a Federal law
enforcement agency obtains covered surveillance data pursuant
to subsection (b), and in the course of doing so, obtains
covered surveillance data that exceeds the scope of the
warrant, they shall minimize and dispose of such data, and may
not use such data for any investigative or evidentiary purpose,
except as otherwise required by law to prevent an imminent
threat to life where no less intrusive alternative exists.
(d) Record Keeping.--If the head of a Federal law enforcement
agency obtains covered surveillance data pursuant to subsection (b),
they shall maintain contemporaneous records of each access, query,
acquisition, direction, or tasking, including the warrant number,
issuing court, date ranges, devices or technologies involved, and any
retention extensions, and shall make such records available for review
by the Attorney General.
(e) Exceptions; Defined Rights.--
(1) Emergency exception.--
(A) 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 impracticable.
(B) 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 injury.
(C) 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 24 hours after acquiring the
data, and dispose of such data not later than 30 days
after acquiring the data, unless the head of the agency
obtains a warrant for such data in accordance with this
section.
(2) Consent.--The requirements under this section shall not
apply if the person to whom the covered surveillance data
pertains provides voluntary, informed, written consent to the
head of the agency to access the data.
SEC. 3. LIMITATIONS ON FEDERAL FUNDING FOR SURVEILLANCE DEVICES.
(a) Prohibition.--No Federal funds may be used to purchase,
acquire, or install a surveillance device or technology listed on the
Jurisdictional Wall List.
(b) Exceptions.--Subsection (a) shall not apply to the use of grant
funds for--
(1) systems used solely as part of a federally funded
highway for the collection of tolls;
(2) school violence prevention programs, with respect to
which the device or technology is limited in scope, operated
with parental and community oversight, and subject to
minimization and retention limits that are consistent with this
Act;
(3) grants under section 1701 of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10381), if the use of
the device or technology is subject to minimization and
retention limits that are consistent with this Act; or
(4) portable systems operated for specific, case-bounded
law enforcement purposes pursuant to a duly issued warrant, and
subject to minimization and retention limits consistent with
this Act.
(c) Byrne Jag Amendment.--Section 501(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)) is amended by
adding at the end the following:
``(3) Limitation on use of grant.--A grant under this part
may not be used to purchase, acquire, or install a surveillance
device or technology on Jurisdictional Wall List established
under section 2 of the Protecting Rights in Video and Equipment
Acquired Discovery Act.''.
SEC. 4. REPORTING TO CONGRESSIONAL COMMITTEES.
(a) Semiannual Reports.--Beginning 180 days after the effective
date of this Act, and every 180 days thereafter, 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
180-day period--
(1) the number of incidents in which Federal law
enforcement agencies accessed, received, queried, directed,
tasked, or otherwise obtained covered surveillance data;
(2) the number and nature of warrants obtained for the
acquisition of such data, including the courts that issued such
warrants, and the general categories of offenses for which the
data was sought;
(3) the number of emergency exception uses under section
2(e)(1), including justifications and outcomes; and
(4) any instances in which a Federal law enforcement agency
obtained covered surveillance data without a warrant in
violation of subsection (b), or retained covered surveillance
data lawfully obtained longer than permitted under paragraph
(1), and any corrective actions taken by the agency.
(b) 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 (a).
(c) Public Summary.--The Attorney General shall make an
unclassified summary of each report publicly available.
SEC. 5. MINIMIZATION STANDARDS.
The Attorney General shall promulgate regulations--
(1) establishing minimization procedures applicable to the
acquisition of covered surveillance data under this Act
including--
(A) prompt deletion of non-pertinent data;
(B) strict segregation of data to prevent the use
of such data outside the scope of the warrant; and
(C) a prohibition on using covered surveillance
data to identify individuals engaged in protected First
Amendment activity absent probable cause and a warrant;
(2) providing for the auditing of Federal law enforcement
agencies to ensure compliance with the requirements under this
Act; and
(3) providing for training for employees of Federal law
enforcement agencies to ensure compliance with the requirements
under this Act.
SEC. 6. NO RETALIATORY USE.
The head of a Federal law enforcement agency may not use covered
surveillance data to monitor, track, or locate an individual based
solely on the exercise of rights secured by the First Amendment to the
Constitution.
SEC. 7. RULES OF CONSTRUCTION.
Nothing in this Act may be construed to--
(1) authorize any collection of surveillance data not
otherwise permitted by law;
(2) diminish State or local obligations to comply with the
laws of the State or locality; or
(3) limit any greater privacy protections afforded by other
Federal or State law.
SEC. 8. ENFORCEMENT.
(a) 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 States, any Federal law
enforcement agency, or officer or employee thereof acting in an
official capacity, for declaratory and injunctive relief, actual
damages, and reasonable attorney's fees and costs. Sovereign immunity
is waived to the extent necessary to provide such relief.
(b) Administrative Sanctions.--An employee of a Federal law
enforcement agency who knowingly or recklessly violates this Act shall
be subject to appropriate administrative sanctions, including
suspension, termination, and referral to the Office of Professional
Responsibility of the applicable Federal law enforcement agency.
(c) 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 Senate.
SEC. 9. SEVERABILITY; CONSTITUTIONAL VALIDITY.
(a) Severability.--If any provision of this Act, or the application
of such provision to any person or circumstance, is held to be invalid,
the remainder of this Act, and the application of the remaining
provisions to any person or circumstance, shall not be affected.
(b) Constitutional Validity.--Nothing in this Act shall be
construed to limit, diminish, or expand the validity of the
Constitution of the United States, including rights secured by the
Fourth Amendment.
(c) Other Law.--This Act does not limit requirements under chapters
119 and 121 of title 18, United States Code (commonly referred to as
the ``Electronic Communications Privacy Act''), section 552a of title
5, United States Code.
SEC. 10. DEFINITIONS.
In this Act:
(1) Surveillance data.--The term ``surveillance data''
means any image, video, audio, signal, location information,
metadata, or derivative analytical output collected, generated,
or stored by a surveillance device or technology.
(2) 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 data.
(3) Federal law enforcement agency.--The term ``Federal law
enforcement agency'' has the meaning given such term in section
2 of the Enhanced Border Security and Visa Entry Reform Act of
2002 (8 U.S.C. 1701).
SEC. 11. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the date that is180 days after the date of enactment of this Act.
<all>