Prohibition on networked surveillance

(a) In general Except as provided in this Act, no Federal agency may— (1) purchase, lease, operate, or access a covered system; (2) request that another governmental, public, or private entity provide information from a covered system; or (3) provide information to a covered system. (b) Warrant requirement (1) In general A Federal agency may only access information from a covered system or make a request described in subsection (a)(2) if the agency obtains a warrant, except as provided in paragraph (2). (2) Exception A Federal agency may access information from a covered system or make a request described in subsection (a)(2) without a warrant only if the head of the agency determines that such information is reasonably necessary to— (A) locate a missing or endangered person; (B) respond to an imminent threat of death, serious bodily injury, kidnapping, or other emergency involving an immediate danger to a person; or (C) conduct an investigation involving a person believed to be associated with terrorism, espionage, sabotage, or an agent of a foreign power. (c) Penalties (1) Criminal penalties Any officer or employee of the Federal Government who knowingly violates this section shall be imprisoned for not more than 5 years, fined under title 18, United States Code, or both. (2) Civil penalty Any officer or employee of the Federal Government who knowingly violates this section shall be subject to a civil penalty in an amount not more than $100,000. (3) Private right of action Any person aggrieved by a violation of this section may bring a civil action in an appropriate United States district court against an officer or employee of the Federal Government who knowingly violated this section or against the United States and may recover damages, attorney’s fees and costs, and declaratory or injunctive relief as appropriately determined by such court. In any action under this paragraph, sovereign immunity or qualified immunity may not be raised as a defense. (d) Certain agencies excluded This Act does not apply to any of the following: (1) The United States Secret Service, to the extent such agency is conducting activities related to their duties under section 3056 of title 18, United States Code. (2) U.S. Customs and Border Protection, to the extent such agency is conducting activities related to— (A) border security; (B) immigration or customs enforcement; (C) operations at a port of entry or any other checkpoint of U.S. Customs and Border Protection; or (D) the detection, interdiction, or investigation of human smuggling, narcotics trafficking, or other cross-border criminal activity. (3) The Department of Defense, the Department of Homeland Security, or the Department of Energy, to the extent such a agency is conducting an operation in connection with a military or Coast Guard installation, nuclear facility, or other national security facility under the jurisdiction of such Department, for— (A) installation access control; (B) force protection; (C) physical security; (D) counterespionage; (E) counterintelligence; or (F) counterterrorism operations. (4) The sharing of any information between an agency described in paragraphs (1) through (3) and any other Federal agency, for the purpose of conducting an activity or operation in any such paragraph.