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