Federal police would generally need warrants for certain local surveillance data

Federal law enforcement agencies would generally need a federal judge's warrant to obtain covered surveillance data. Covered data means data state or local police collect using devices on the federal surveillance list when collection occurs. The person the data concerns could give voluntary, informed, written consent instead. Emergency access would require a reasonable belief that imminent death or serious injury requires immediate access and makes getting a warrant impractical. Emergency access would cover only the minimum necessary data, which agencies would delete within 30 days unless they obtain a warrant. These rules would take effect 180 days after enactment.

Federal agencies would face storage limits, and data obtained without a required warrant or kept too long could not be admitted as prosecution evidence in federal court. The storage limit would cover listed-device data collected by state or local police and obtained by federal agencies under a warrant. The issuing court could allow up to 90 additional days for a good reason. Evidence in an ongoing prosecution with charges filed could be kept as needed for that prosecution, subject to court orders protecting the data. The government would still have to meet its legal duties to disclose data in federal court. These rules would take effect 180 days after enactment.

Federal money could not pay to buy, acquire, or install equipment on the surveillance list, except through specified grants. A separate purchase and installation ban would apply to Byrne JAG law enforcement grants. Grant exceptions would cover systems used solely to collect tolls on federally funded highways. School violence prevention equipment would need limited scope, parent and community oversight, and limits on unnecessary data collection and storage. Grants under section 1701 of the 1968 federal crime law would need consistent limits on unnecessary data collection and storage. Portable police systems would need a warrant for a specific case and consistent limits on unnecessary data collection and storage. The funding restrictions would take effect 180 days after enactment.

Federal agencies could not use covered data to monitor, track, or locate people solely because they exercise First Amendment rights. These protections would cover federal use of data state or local police collect through listed devices. Required rules would also bar using covered data to identify people engaged in protected activity without a warrant and probable cause, meaning reasonable grounds to believe a crime occurred. These protections would take effect 180 days after enactment.

People whose covered data federal agencies obtain in violation of these rules could sue, and knowing or reckless employee violations would require discipline. Covered data would come from state or local police devices listed when collection occurred. People could sue the United States, federal law enforcement agencies, or their officers and employees acting officially. Lawsuits could seek court orders, payment for actual losses, and reasonable attorney fees and costs. Employee discipline could include suspension, firing, and referral to the agency's professional responsibility office. These enforcement provisions would take effect 180 days after enactment.