Summary#
This bill directs the Federal Trade Commission (FTC) to study how "neural data" and certain "other related data" are collected, used, stored, sold, and transferred. It defines neural data as information from measuring activity of the nervous system and defines other related data as biometric, physiological, or behavioral signals that can be used to infer mental states. The FTC must consult federal agencies and outside stakeholders and deliver a public report to Congress within 1 year that analyzes legal and ethical issues, gaps in existing laws, risks and benefits, recommended data categories and governance rules, security concerns, sector-specific recommendations, and enforcement options. The Commission must update the report at least annually. The bill authorizes $10,000,000 for the FTC study.
After the FTC report, the Director of the Office of Science and Technology Policy (OSTP), working with the FTC and OMB, must issue guidance for federal agencies on permitted and prohibited uses of neurotechnology that collects neural data. OMB must then issue binding implementation guidance to agencies. Federal agencies may not procure or operate neurotechnology in ways that violate that guidance; that procurement prohibition takes effect 1 year after OMB issues its guidance.
What it means for you#
- The government will study how brain signals and related biometric or behavioral data are used and whether current law protects people.
- The FTC report will describe recommended rules on consent, transparency, data sharing, prohibited uses, security, and sector-specific limits (for example, employment, education, health, marketing, law enforcement).
- OSTP and OMB will produce guidance that limits how federal agencies can buy or use neurotechnology that collects neural data. Agencies must follow that guidance within set timeframes.
- The bill does not itself create private rights or new criminal penalties; it requires study, guidance, and possible future recommendations.
Expenses#
- The bill authorizes $10,000,000 to carry out the FTC study and report.
- No publicly available information on expected costs to federal agencies to implement the guidance, ongoing enforcement costs, or private-sector compliance costs.
Proponents' View#
- The bill's text states concerns that neural and related data can be monetized and used to shape behavior in ways current laws may not address.
- It says vertical integration of neurotechnology, AI, wearables, and platforms can create systems with low transparency or user control, increasing risks of manipulation, erosion of autonomy, and unequal harms.
- The text argues federal standards are needed to protect civil liberties and national security and to support responsible innovation with accountability and public trust.
Opponents' View#
No publicly available information.