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).