HouseH.R. 10691119th Congress

Ban Flock Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10691 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10691

 To prohibit the use of automatic license plate readers by the Federal 
Government without explicit statutory authorization, to withhold grants 
 awarded by certain agencies from State and local governments that use 
  automatic license plate readers, and to prohibit the use of Federal 
           funds to purchase automatic license plate readers.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 1, 2026

Ms. Ocasio-Cortez introduced the following bill; which was referred to 
 the Committee on Oversight and Government Reform, and in addition to 
  the Committees on the Judiciary, Transportation and Infrastructure, 
 Energy and Commerce, Education and Workforce, Ways and Means, Natural 
 Resources, Financial Services, and Homeland Security, 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 automatic license plate readers by the Federal 
Government without explicit statutory authorization, to withhold grants 
 awarded by certain agencies from State and local governments that use 
  automatic license plate readers, and to prohibit the use of Federal 
           funds to purchase automatic license plate readers.

    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 ``Ban Flock Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Automatic license plate reader.--The term ``automatic 
        license plate reader'' means a system that--
                    (A) uses cameras, sensors, software, databases, or 
                a combination of technologies to capture, record, 
                analyze, and store vehicle license plate information;
                    (B) identifies, locates, and tracks a vehicle 
                through the license plate or other persistent visual 
                identifier of the vehicle; or
                    (C) compares license plate numbers against 
                databases to generate alerts and create records of 
                vehicle activity.
            (2) Captured plate data.--The term ``captured plate data'' 
        means--
                    (A) any plate number, image, date, time, location, 
                direction of travel, vehicle characteristics, 
                confidence score, associated photographs or video, and 
                any information derived from those records; and
                    (B) data produced by or derived from fixed cameras, 
                mobile readers, police vehicles, trailers, drones, 
                tolling infrastructure, parking systems, private 
                security networks, homeowners' associations, commercial 
                parking operators, and data brokers.
            (3) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (4) Federal funds.--The term ``Federal funds'' means 
        amounts made available by the Federal Government through an 
        appropriation, grant, subgrant, contract, subcontract, 
        cooperative agreement, subaward, reimbursement, transfer, 
        allocation, or other form of Federal financial assistance, 
        including amounts provided through a pass-through entity.
            (5) Federal official.--The term ``Federal official'' means 
        any officer, employee, agent, contractor, or subcontractor of 
        the Federal Government.
            (6) In the united states.--The term ``in the United 
        States'' means all areas within the external boundary of the 
        United States, its territories and possessions, including 
        airports, ports of entry, and border zones.
            (7) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.

SEC. 3. PROHIBITION ON FEDERAL GOVERNMENT USE OF AUTOMATIC LICENSE 
              PLATE READERS.

    (a) In General.--Except as provided in subsections (b) and (c), the 
head of any Federal agency and any Federal official, in an official 
capacity, and any person acting on behalf of the Federal Government may 
not acquire, possess, access, or use in the United States--
            (1) an automatic license plate reader; or
            (2) captured plate data, including information collected in 
        any database, derived from an automatic license plate reader 
        operated by another entity.
    (b) Exception.--The prohibition under subsection (a) with respect 
to an automatic license plate reader and captured plate data shall not 
apply to an activity explicitly authorized by an Act of Congress that 
describes with particularity--
            (1) the entities permitted to use the automatic license 
        plate reader or captured plate data, the specific type of 
        automatic license plate reader or captured plate data 
        authorized, the purposes for such use, and a prohibition on any 
        uses not permitted;
            (2) standards for use and management of information derived 
        from the automatic license plate reader or captured plate data, 
        including sharing, access, audit trails, and data retention of 
        no more than 48 hours;
            (3) auditing requirements to ensure the accuracy of 
        automatic license plate reader or captured plate data 
        technologies, standards for minimum accuracy rates, and 
        compliance with this Act;
            (4) rigorous protections for due process, privacy, free 
        speech and association, and racial, gender, and religious 
        equity; and
            (5) mechanisms to compel compliance with the provisions of 
        the Act.
    (c) Tolling.--
            (1) In general.--The prohibition under subsection (a) with 
        respect to an automatic license plate reader and captured plate 
        data shall not apply to an automatic license plate reader or 
        captured plate data derived from an automatic license plate 
        reader used solely to assess, bill, collect, audit, dispute, or 
        enforce the payment of a toll.
            (2) Limitation on use.--Captured plate data collected by an 
        automatic license plate reader to which paragraph (1) applies--
                    (A) may be used only for the tolling purpose for 
                which the captured plate data were collected; and
                    (B) may not be--
                            (i) compared against a law enforcement hot 
                        list;
                            (ii) used for any civil or criminal law 
                        enforcement or intelligence purpose;
                            (iii) use for the monitoring or 
                        reconstruction of the movement of any person;
                            (iv) incorporated into, made searchable 
                        through, or stored in a law enforcement, 
                        commercial, or general-purpose automatic 
                        license plate reader database; or
                            (v) sold, licensed, or used for 
                        advertising, product development, or any other 
                        unrelated commercial purpose.
            (3) Disclosure.--Captured plate data collected by an 
        automatic license plate reader to which paragraph (1) applies 
        may be disclosed only--
                    (A) to a vehicle owner or person responsible for 
                payment of a toll;
                    (B) to a contractor performing a tolling function 
                on behalf of a tolling operator and subject to the 
                requirements of this subsection;
                    (C) to another tolling operator to the extent 
                reasonably necessary to process or collect the toll 
                through an interoperable tolling system;
                    (D) pursuant to a warrant issued upon a finding of 
                probable cause that particularly describes a vehicle or 
                license plate, the data sought, and the period covered; 
                or
                    (E) to a law enforcement agency if reasonably 
                necessary to prevent an imminent danger of death or 
                serious bodily injury if--
                            (i) disclosure is documented and limited to 
                        the information necessary to address the 
                        emergency; and
                            (ii) the requesting agency applies for and 
                        obtains a warrant described in subparagraph (D) 
                        within 14 days of requesting the data.
            (4) Retention and deletion.--With respect to captured plate 
        data collected by an automatic license plate reader to which 
        paragraph (1) applies--
                    (A) not later than 48 hours after a successfully 
                reconciled electronic toll payment has been completed 
                relating to the captured plate data, the captured plate 
                data shall be deleted;
                    (B) if the captured plate data is reasonably 
                necessary for pay-by-plate billing, collection of an 
                unpaid toll, resolution of a disputed charge, or an 
                administrative or judicial proceeding, the captured 
                plate data may be retained until the matter is finally 
                resolved and for not more than 30 days thereafter;
                    (C) nothing in this paragraph shall be construed to 
                prohibit the retention of a financial or accounting 
                record required by law, provided that any plate image, 
                precise location information, or other captured plate 
                data not necessary for that purpose is removed; and
                    (D) a contractor or other recipient of the captured 
                plate data shall delete the data according to the same 
                schedule that applies to the tolling operator.
            (5) Security and accountability.--A tolling operator and 
        any contractor with access to captured plate data collected by 
        an automatic license plate reader to which paragraph (1) 
        applies shall--
                    (A) maintain reasonable administrative, technical, 
                and physical safeguards against unauthorized access, 
                use, or disclosure;
                    (B) maintain an audit log identifying each access 
                to or disclosure of captured plate data, the person 
                making the access or disclosure, its date and purpose, 
                and the legal authority supporting it; and
                    (C) remain subject to the enforcement, auditing, 
                reporting, and remedy provisions of this Act.
    (d) Judicial Investigations and Proceedings.--
            (1) Admissibility.--Except in a judicial investigation or 
        proceeding alleging a violation of this section, information 
        obtained in violation of this section shall not be admissible 
        as evidence introduced by the Federal Government in any 
        criminal, civil, administrative, or other investigation or 
        proceeding.
            (2) Cause of action.--
                    (A) In general.--A violation of this section shall 
                constitute an injury to any individual aggrieved by a 
                violation of this Act.
                    (B) Right to sue.--An individual described in 
                subparagraph (A) may institute proceedings against the 
                Federal Government for an allegation of a violation of 
                this section by a Federal agency or Federal official 
                for the relief described in subparagraph (D) in any 
                court of competent jurisdiction.
                    (C) Enforcement by state attorneys general.--The 
                chief law enforcement officer of a State, or any other 
                State officer authorized by law to bring actions on 
                behalf of the residents of a State, may bring a civil 
                action, as parens patriae, on behalf of the residents 
                of that State in an appropriate district court of the 
                United States to enforce this Act, whenever the chief 
                law enforcement officer or other State officer has 
                reason to believe that the interests of the residents 
                of the State have been or are being threatened or 
                adversely affected by a violation of this Act.
                    (D) Relief.--In a civil action brought under 
                subparagraph (B) in which the plaintiff prevails, the 
                court may award--
                            (i) actual damages;
                            (ii) punitive damages;
                            (iii) reasonable attorneys' fees and costs; 
                        and
                            (iv) any other relief, including injunctive 
                        relief, that the court determines to be 
                        appropriate.
    (e) Civil Penalties.--Any Federal official who is found to have 
violated this section may be subject to retraining, suspension, 
termination, or any other penalty, as determined in an appropriate 
tribunal, subject to applicable due process requirements.
    (f) Rules of Construction.--Nothing in this section may be 
construed--
            (1) to prohibit the Director of the National Institute of 
        Standards and Technology from testing or researching automatic 
        license plate readers or other similar technologies in 
        commercial use; or
            (2) to preempt or supersede any Federal, State, or local 
        law that imposes a more stringent limitation than the 
        limitations described in this section.

SEC. 4. MORATORIUM ON STATE AND LOCAL GOVERNMENT USE OF AUTOMATIC 
              LICENSE PLATE READERS.

    Beginning on the first day of the first fiscal year beginning after 
the date of the enactment of this Act, no Federal financial assistance 
administered, awarded, allocated, transferred, or otherwise made 
available by the Department of Justice, the Department of 
Transportation, the Department of Health and Human Services, the 
Department of Housing and Urban Development, or the Department of 
Homeland Security may be obligated, awarded, disbursed, or otherwise 
provided directly or indirectly, to a State or unit of local government 
unless the State or unit of local government has in effect a law or 
binding policy that prohibits the use of automatic license plate 
readers by its agencies, officials, employees, contractors, and persons 
acting on its behalf to the same or greater extent as the prohibition 
applying to the Federal Government under section 3(a).

SEC. 5. PROHIBITION ON USE OF FEDERAL FUNDS TO PURCHASE AUTOMATED 
              LICENSE PLATE READERS.

    (a) Prohibition.--Except as provided in subsections (c) and (d), no 
Federal funds may be obligated or expended, directly or indirectly, 
to--
            (1) purchase, acquire, lease, install, operate, maintain, 
        or upgrade an automatic license plate reader;
            (2) purchase, license, obtain, access, search, retain, 
        analyze, or disclose captured plate data or information derived 
        from captured plate data;
            (3) enter into, renew, or extend a contract, subscription, 
        data-sharing agreement, or other arrangement for the use of an 
        automatic license plate reader or captured plate data; or
            (4) reimburse or replace non-Federal funds used for an 
        activity described in paragraphs (1) through (3).
    (b) Conditions on Awards.--
            (1) In general.--The head of each Federal agency providing 
        an award with Federal funds shall include the prohibition under 
        subsection (a) in the terms and conditions of the applicable 
        award.
            (2) Prohibition.--A recipient or subrecipient of an award 
        with Federal funds may not--
                    (A) treat an activity prohibited under subsection 
                (a) as an allowable direct or indirect cost; or
                    (B) evade the prohibition under subsection (a) by--
                            (i) transferring Federal funds among 
                        accounts;
                            (ii) using Federal funds to pay costs that 
                        would otherwise have been paid with non-Federal 
                        funds; or
                            (iii) directing another entity to conduct 
                        the prohibited activity on its behalf.
    (c) Exception.--The prohibition under subsection (a) shall not 
apply to an activity explicitly authorized pursuant to section 3(b).
    (d) Tolling Exception.--The prohibition under subsection (a) shall 
not apply to an automatic license plate reader or captured plate data 
used solely to assess, bill, collect, audit, dispute, or enforce 
payment of a toll, subject to the limitations and requirements of 
section 3(c).
    (e) Enforcement.--
            (1) In general.--Federal funds used in violation of this 
        section shall be treated as an unallowable cost and shall be 
        repaid to the United States.
            (2) Suspension and termination.--The head of a Federal 
        agency--
                    (A) may suspend or terminate the portion of an 
                award connected to a violation of subsection (a); and
                    (B) impose additional remedies otherwise available 
                under Federal law.
            (3) Considerations.--Before imposing a remedy under 
        paragraph (2) for a violation of subsection (a), the head of a 
        Federal agency shall consider the nature, circumstances, 
        extent, and severity of the violation, including whether--
                    (A) the recipient acted knowingly; and
                    (B) the violation was corrected promptly.
    (f) Rule of Construction.--Nothing in this section shall be 
construed to prohibit a State, political subdivision, or other non-
Federal entity from using non-Federal funds for an activity that is 
otherwise lawful under this Act.
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