119-s2925

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2925 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2925

 To direct the Federal Trade Commission to conduct a study on the 
 governance of neural data and other related data, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 September 29, 2025

Mr. Schumer (for himself, Ms. Cantwell, and Mr. Markey) introduced the 
 following bill; which was read twice and referred to the Committee on 
 Commerce, Science, and Transportation

_______________________________________________________________________

 A BILL

 To direct the Federal Trade Commission to conduct a study on the 
 governance of neural data and other related data, 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 ``Management of Individuals' Neural 
Data Act of 2025'' or the ``MIND Act of 2025''.

SEC. 2. SENSE OF CONGRESS.

 It is the sense of Congress that--

    (1) an individual's neural data and other related data can 
 be monetized and used to shape individual behavior, emotional 
 states, and decision making in ways existing laws do not 
 adequately address;

    (2) vertical corporate integration of neurotechnology, 
 artificial intelligence systems, wearable devices, digital 
 platforms, and global data infrastructure may create 
 interconnected systems with insufficient transparency, 
 accountability, or user control regarding the use of such data;

    (3) such concentration increases the risk of behavioral 
 influence, cognitive manipulation, erosion of personal 
 autonomy, and the exacerbation of existing social and economic 
 disparities, particularly in the absence of enforceable privacy 
 protections, including protections of neural data and other 
 related data;

    (4) the absence of a comprehensive Federal standard for the 
 collection, processing, and international transfer of such data 
 presents risks to civil liberties and to national security, 
 given the dual-use potential of and foreign interest in the 
 data assets of the United States;

    (5) strong protections for such data are essential to 
 safeguard privacy, prevent discrimination and exploitation, and 
 ensure that innovation in neurotechnology applications proceeds 
 with accountability and public trust; and

    (6) while this Act focuses primarily on neural data, 
 related biometric and behavioral data that can reveal mental 
 states may pose similar risks and warrant comparative analysis 
 to identify broader privacy gaps.

SEC. 3. DEFINITIONS.

 In this Act:

    (1) Artificial intelligence.--The term ``artificial 
 intelligence'' has the meaning given such term in 

section 5002 
 of the National Artificial Intelligence Initiative Act of 2020 
 (15 U.S.C. 9401).

    (2) Commission.--The term ``Commission'' means the Federal 
 Trade Commission.

    (3) Federal agency.--The term ``Federal agency'' has the 
 meaning given the term ``agency'' in 

section 551 of title 5, 
 United States Code.

    (4) 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 neurotechnology.

    (5) Neurotechnology.--The term ``neurotechnology'' means a 
 device, system, or procedure that accesses, monitors, records, 
 analyzes, predicts, stimulates or alters the nervous system of 
 an individual to understand, influence, restore, or anticipate 
 the structure, activity, or function of the nervous system.

    (6) Other related data.--The term ``other related data''--
        (A) means biometric, physiological, or behavioral 
 information that does not directly measure the neural 
 activity or central or peripheral nervous system of an 
 individual, but can be processed, analyzed, or combined 
 with other data to infer, predict, or reveal cognitive, 
 emotional, or psychological states or neurological 
 conditions; and
        (B) may include heart rate variability, eye-
 tracking patterns, voice analysis, facial expression 
 recognition, sleep patterns, or other signals derived 
 from consumer devices, wearables, or biosensors.

SEC. 4. FEDERAL TRADE COMMISSION STUDY AND REPORT ON NEURAL DATA 
 GOVERNANCE.

    (a) Study and Report.--

    (1) Study.--
        (A) In general.--The Commission shall conduct a 
 study on--
            (i) what additional authorities, if any, 
 the Federal Government needs to regulate neural 
 data and other related data that can reveal an 
 individual's mental state or activity, and to 
 establish appropriate privacy protections for 
 individuals in the United States;
            (ii) best practices for privacy and data 
 security for the private sector to protect such 
 data; and
            (iii) the extent to which existing laws, 
 regulations, and governing frameworks, 
 including the Health Insurance Portability and 
 Accountability Act of 1996 (Public Law 104-
 191), govern the use, storage, processing, 
 portability, and privacy of such data, any gaps 
 in law that should be addressed, and potential 
 additional protections for such data that fall 
 outside the scope of such Act.
        (B) Consultation.--In conducting the study 
 described in subparagraph
        (A) , the Commission shall 
 consult with--
            (i) the Director of the Office of Science 
 and Technology Policy;
            (ii) the Commissioner of Food and Drugs;
            (iii) other relevant Federal agencies 
 determined appropriate by the Commission; and
            (iv) representatives of the private sector, 
 academia, civil society, consumer advocacy 
 organizations, labor organizations, patient 
 advocacy organizations, and clinical research 
 stakeholders including medical and health care 
 professionals.

    (2) Report.--Not later than 1 year after the date of 
 enactment of this Act, the Commission shall--
        (A) submit to Congress a report on the study 
 conducted under paragraph

    (1) that--
            (i) includes the information described in 
 subsection

    (b) ; and
            (ii) describes a regulatory framework that 
 maximizes opportunities for responsible 
 innovation in neurotechnology while minimizing 
 the risks of harm that arise from such 
 innovation, such as discrimination, profiling, 
 surveillance, manipulation, and the misuse of 
 neural data and other related data in 
 employment, healthcare, financial services, 
 education, commerce, and public life; and
        (B) publish the report on the website of the 
 Commission.

    (b) Report Contents.--The report described in subsection

    (a)

    (2) shall include--

    (1) an analysis on--
        (A) the collection, processing, storage, sale, and 
 transfer of neural data and other related data; and
        (B) all relevant uses of neurotechnology, neural 
 data, and other related data for understanding, 
 analyzing, and influencing human mental states and 
 behavior;

    (2) a summary of the ethical, legal, and regulatory 
 landscape surrounding neural data and other related data that 
 can reveal an individual's mental state or activity, including 
 any existing guidelines related to--
        (A) the collection of such data;
        (B) consent for the collection, use, and transfer 
 of such data;
            (C) individual rights relating to such data;
            (D) predictive modeling; and
        (E) using such data to infer or influence behavior;

    (3) an assessment of--
        (A) how neural and other related data is collected, 
 processed, and transferred in interstate commerce, and 
 the benefits and risks associated with the collection 
 and use of such data, including how such data may serve 
 the public interest, improve the quality of life of the 
 people of the United States, or advance innovation in 
 neurotechnology and neuroscience; and
        (B) how the use of such data may pose risks to 
 individuals, including vulnerable populations, across 
 different contexts or use cases;

    (4) recommendations for the categorization and oversight of 
 neural data and other related data uses, including--
        (A) a framework that--
            (i) distinguishes categories of such data, 
 classifying such data based on both the 
 potential for beneficial use cases (including 
 medical, scientific, or assistive 
 applications), and the potential for 
 individual, societal, or group-level harm 
 arising from misuse;
            (ii) 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 
 individual; and
            (iii) suggests corresponding governance 
 requirements such as heightened oversight, 
 stricter consent standards, prohibited use 
 cases regardless of individual consent, 
 enhanced access restrictions, and cybersecurity 
 protections;
        (B) 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 making;
            (C) an analysis of whether, and if so how, 
 individuals may be exposed to unfair, deceptive, or 
 coercive trade practices through the misuse of neural 
 data and other related data across different 
 environments, and recommendations for safeguards to 
 prevent such harms; and
            (D) recommendations for categorizing certain 
 applications of neural data and other related data, or 
 certain practices regarding such data, as 
 impermissible, such as those designed to manipulate 
 behavior or erode privacy with respect to an 
 individual's mental state or activity;

    (5) 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 risks, 
 oversight demands, and ethical considerations associated with 
 such data;

    (6) recommendations for consumer transparency, consent 
 frameworks, and neural data and other related data use 
 restrictions, such as--
        (A) limiting such data use to only clearly 
 disclosed purposes;
        (B) restricting the resale of such data to third 
 parties or the use of such data for individual 
 profiling or targeted advertising;
            (C) the use of separate, conspicuous consent 
 mechanisms for the use of such data in developing or 
 deploying computational models of the brain;
            (D) the public disclosure of--
            (i) intended uses for such data, sharing 
 practices, and artificial intelligence 
 applications; and
            (ii) policies related to the retention and 
 deletion of such data; and
        (E) prohibited use cases, regardless of individual 
 consent;

    (7) recommendations regarding applications of neural data 
 and other related data in specific areas, including--
        (A) sectors or practices that raise concerns about 
 privacy, manipulation, discrimination, inequality, or 
 long-term harm, such as--
            (i) employment practices, such as in 
 hiring, surveillance, or performance 
 evaluation;
            (ii) educational settings and other 
 settings involving children under the age of 13 
 and teens;
            (iii) insurance, financial, and housing 
 services;
            (iv) neuromarketing and behavioral shaping, 
 including the targeting of consumers;
            (v) commercial surveillance;
            (vi) monetization models, such as data 
 brokers, that aggregate or sell neural data and 
 other related data;
            (vii) the transfer of neural data and other 
 related data through acquisitions, mergers, or 
 bankruptcy proceedings;
            (viii) law enforcement and the criminal 
 justice system; and
            (ix) sectors where algorithmic 
 recommendation or design patterns intentionally 
 amplify addictive use or behavioral 
 manipulation;
        (B) how existing Federal statutes enforced by the 
 Commission, including the Federal Trade Commission Act 
 (15 U.S.C. 41 et seq.) and other consumer protection 
 laws, apply to neural data and other related data; and
            (C) whether there are regulatory gaps in protecting 
 the privacy of children and teens, including the 
 applicability of the Children's Online Privacy 
 Protection Act of 1998 (15 U.S.C. 6501 et seq.) and 
 related laws to neural data and other related data;

    (8) an analysis of the potential security risks associated 
 with the collection, use, and transfer of neural data and other 
 related data, including--
        (A) an assessment of current cybersecurity and data 
 protection requirements applicable to entities that 
 collect, process, or store neural data or other related 
 data, including any gaps in such requirements where 
 such entities fall outside existing Federal standards, 
 such as the Health Insurance Portability and 
 Accountability Act of 1996 (Public Law 104-191);
        (B) an assessment of interagency review models to 
 determine whether certain exports, public releases, or 
 commercial uses of neurotechnologies, including their 
 component parts and integration with artificial 
 intelligence systems, should be subject to restrictions 
 or enhanced controls;
            (C) an examination of foreign investment risks in 
 neurotechnology firms;
            (D) recommendations on actions the Government and 
 nongovernment actors can take to ensure transparency 
 and due diligence in international partnerships 
 involving such data;
        (E) supply chain risks involving components used in 
 neurotechnology that are acquired from foreign 
 countries; and
        (F) the implications of storing and processing such 
 data locally versus in cloud environments;

    (9) 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 
 requirements, such as the development of--
        (A) voluntary standards tied to business 
 incentives, such as research and development tax 
 credits and expedited regulatory pathways;
        (B) financial support for responsible scientific 
 inquiry and innovation in neurotechnology, conducted in 
 ethically governed and controlled environments, with 
 safeguards to prevent misuse or harmful applications;
            (C) regulatory sandbox mechanisms to enable early-
 stage neural data applications to be tested with agency 
 oversight, informed consent, and structured risk 
 review;
            (D) policies that promote long-term support for 
 users of brain-computer interfaces, such as 
 interoperability standards and post-trial maintenance 
 practices;
        (E) competitive incentives, such as procurement 
 preferences for companies that meet specified standards 
 relating to the use of neurotechnology;
        (F) public-private partnerships to develop open 
 standards and ethical practices regarding the treatment 
 of neural data and other related data; and
        (G) 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 barriers;

    (10) a proposed framework for enforcement mechanisms, 
 remedies, and penalties for the misuse of, gross negligence 
 regarding the use of, and unauthorized collection, use, 
 transfer, or disclosure of neural data and other related data; 
 and

    (11) other analysis and recommendations determined 
 appropriate by the Commission.
            (c) Annual Updates.--Not later than 1 year after the date the 
Commission submits the report to Congress under subsection

    (a) , and not 
less frequently than annually thereafter, the Commission shall publicly 
update the findings in such report to--

    (1) reflect evolving advancements in neurotechnology, 
 neural data and other related data use cases, and the 
 associated risks involved with such advancements and use cases; 
 and

    (2) assess whether additional reports or updates to any 
 guidance are necessary to ensure that privacy, particularly as 
 it relates to neural data and other related data, continues to 
 be protected.
            (d) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 for purposes of carrying out this section.

SEC. 5. CONDITIONAL LIMITATIONS ON FEDERAL AGENCY USE OF NEURAL DATA.

    (a) Guidance to Federal Agencies.--

    (1) In general.--Not later than 180 days after the 
 Commission submits the report described in 

section 4

    (a)

    (2) , the 
 Director of the Office of Science and Technology Policy, in 
 consultation with the Commission and the Director of the Office 
 of Management and Budget, shall develop guidance, using such 
 report to inform such guidance, regarding the procurement and 
 operational use by Federal agencies of neurotechnology that 
 collects, uses, procures, or otherwise processes neural data or 
 other related data. Such guidance shall identify--
        (A) prohibited, permissible, and conditionally 
 permitted use cases of such neurotechnology that are 
 consistent with such report;
        (B) technical, procedural, and ethical safeguards 
 regarding each use case of such neurotechnology; and
            (C) requirements for transparency, limitations 
 regarding the purposes for which such neurotechnology 
 can be used, individual opt-in consent mechanisms 
 regarding the use of such neurotechnology, and 
 protections for the privacy of the people of the United 
 States.

    (2) Binding guidance.--Not later than 60 days after the 
 Director of the Office of Science and Technology Policy 
 develops the guidance under paragraph

    (1) , 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

    (1) .

    (b) Prohibition.--

    (1) In general.--The head of a Federal agency may not 
 procure or operate any neurotechnology that collects, uses, 
 procures, or otherwise processes neural data in a manner 
 inconsistent with the guidance issued under subsection

    (a)

    (2) .

    (2) Effective date.--Paragraph

    (1) shall take effect on the 
 date that is 1 year after the date on which the Director of the 
 Office of Management and Budget issues guidance in accordance 
 with subsection

    (a)

    (2) .
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