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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10606 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10606
To prohibit the use of automated license plate reader surveillance
systems by governmental entities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 24, 2026
Mr. Steube introduced the following bill; which was referred to the
Committee on Oversight and Government Reform, and in addition to the
Committee on the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To prohibit the use of automated license plate reader surveillance
systems by governmental entities, 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 ``Facilitating Liberty and
Accountability for Flock Observations Act'' or the ``FLAFO Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Fourth Amendment to the Constitution enshrines the
right of the American people to be secured against any
unreasonable searches and seizures.
(2) Automated license plate reader technology, including
those provided by Flock Safety and other similar enterprises,
have expanded from systems initially designed to identify
vehicles associated with criminal activity into large-scale
surveillance mechanisms capable of collecting some of the
American people's most sensitive location information.
(3) Certain automated license plate reader systems
continuously collect information on every vehicle traveling on
public roads and neighboring private property, to include not
just license plate numbers, but vehicle make, model, color, and
other distinguishing characteristics.
(4) Such systems incorporate artificial intelligence and
machine learning to analyze and process such data into an
aggregated and centralized form, thus permitting licensed users
to reconstruct an individual's movements, associations, and
patterns of life without any individualized suspicion. Lacking
adequate safeguards, such a surveillance system may assist a
government official in abridging certain constitutionally
protected rights of the American people, to include visits to
places of worship, medical facilities, political gatherings,
and other personal and sensitive sites.
(5) It is evident that such technology encroaches upon
every American's right against unreasonable searches and
seizures as guaranteed by the Fourth Amendment, and the right
to peaceful assembly and free exercise of religion as
guaranteed by the First Amendment.
(6) In the incredible wisdom of Benjamin Franklin, he is
quoted in a 1755 reply to the Pennsylvania Assembly by warning
them that ``those who would give up essential Liberty, to
purchase a little temporary Safety, deserve neither Liberty nor
Safety''. That is as true today as it was in 1755.
(7) It is incumbent upon Congress to protect the civil
liberties of the American people against any threat thereto and
prevent the Federal Government from providing any form of
support or authorization for activities that violate the
Constitution.
SEC. 3. 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.
SEC. 4. PROHIBITION ON PROVIDING LAW ENFORCEMENT ACCESS.
(a) Criminal Penalty.--Whoever, being the operator of a covered
system, in or affecting interstate or foreign commerce, knowingly
provides a Federal agency with access to a covered system, or with any
information obtained pursuant to a covered system, except in accordance
with this Act, shall be imprisoned not more than 5 years, fined under
title 18, United States Code, or both.
(b) Civil Penalty.--Whoever violates subsection (a) shall be
subject to a civil penalty in an amount not more than $100,000.
(c) 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 and may recover damages, attorney's fees and
costs, and declaratory or injunctive relief, as determined appropriate
by the court.
SEC. 5. LIMITATION ON FEDERAL FUNDS.
(a) In General.--In order to be eligible to receive Federal funds
made available by the Department of Justice, a State, unit of local
government, or Indian Tribe shall establish and implement requirements
that are substantially similar to the requirements under this Act for
the agencies of that jurisdiction.
(b) Certification.--On an annual basis, the Attorney General shall
certify that a State, unit of local government, or Indian Tribe is in
compliance with this section.
SEC. 6. DEFINITIONS.
In this Act:
(1) Automated license plate reader system.--The term
``automated license plate reader system'' or ``ALPR system''
means any camera, sensor, or associated hardware or software
system that automatically captures, records, analyzes,
processes, aggregates, or stores a motor vehicle license plate,
image, location, date, time, or other identifying vehicle
information or characteristic.
(2) Covered system.--The term ``covered system'' means an
ALPR system that--
(A) stores or transmits vehicle-location
information in a centralized, networked, or multi- or
cross-jurisdictional database;
(B) permits users to search historical vehicle-
location information across jurisdictions; or
(C) uses artificial intelligence or machine
learning to identify, classify, track, or search for
vehicles based on characteristics other than a complete
or partial license plate number.
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