[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9716 Introduced in House (IH)]

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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.
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