H.R. 10691: Ban Flock Act

This bill would sharply limit the use of automatic license plate readers by the federal government and restrict federal money from supporting them at the state and local level.

What the bill defines

The bill defines an automatic license plate reader broadly. It covers systems that use cameras, software, sensors, databases, or similar tools to capture, store, analyze, or track vehicle license plate information. It also covers data collected from many sources, including police vehicles, fixed cameras, trailers, drones, toll systems, parking systems, private security networks, homeowners’ associations, commercial parking operators, and data brokers.

Federal government restrictions

In general, federal agencies, federal officials, and people acting for the federal government would be prohibited from acquiring, possessing, accessing, or using automatic license plate readers or captured plate data in the United States.

The bill includes two main exceptions:

• Specific statutory authorization: Congress could pass a later law that specifically allows a particular federal use, but that law would need to spell out who may use the data, what data can be used, the permitted purposes, rules for access and sharing, audit requirements, privacy and due process protections, and enforcement mechanisms.
• Tolling uses: License plate readers and related data could still be used solely for toll collection and related billing, auditing, dispute resolution, or enforcement.

Limits on tolling data

For tolling, the bill would restrict how the data can be used and shared. Tolling data could not be used for law enforcement hot lists, criminal or civil law enforcement, intelligence purposes, tracking a person’s movements, general law enforcement or commercial databases, or advertising and other unrelated commercial uses.

It could be disclosed only in limited situations, such as to the vehicle owner, a tolling contractor, another tolling operator for interoperability, under a warrant, or in an emergency involving imminent danger of death or serious bodily injury, with follow-up warrant requirements.

The bill also sets short retention limits. In general, tolling-related plate data would have to be deleted within 48 hours after payment is reconciled, though some data could be kept longer for unpaid tolls, disputes, or legal proceedings. Contractors would have to follow the same deletion schedule. Toll operators would also have to maintain security safeguards and logs showing who accessed or disclosed the data and why.

Enforcement against improper federal use

Information obtained in violation of the bill generally could not be used as evidence by the federal government in other proceedings. People harmed by a violation could sue the federal government for damages, attorneys’ fees, and other relief. State attorneys general could also bring lawsuits on behalf of residents. Federal officials found to have violated the law could face retraining, suspension, termination, or other penalties, subject to due process.

State and local grant condition

Beginning with the first fiscal year after enactment, the bill would block certain federal financial assistance from the Department of Justice, Department of Transportation, Department of Health and Human Services, Department of Housing and Urban Development, and Department of Homeland Security to state or local governments unless they have a law or binding policy that prohibits their agencies, officials, employees, contractors, and agents from using automatic license plate readers to the same extent or more strictly than the federal ban.

Ban on federal spending for license plate readers

The bill would also prohibit federal funds from being used to:

• buy, lease, install, operate, maintain, or upgrade automatic license plate readers;
• buy, access, search, retain, analyze, or disclose captured plate data;
• enter into or renew contracts, subscriptions, or data-sharing agreements for such systems or data; or
• reimburse non-federal money spent on those activities.

Federal agencies would have to include this restriction in the terms of their awards. If federal funds are used in violation of the bill, they would be treated as unallowable costs and would have to be repaid. Agencies could also suspend or terminate affected awards and impose other available remedies.

What is still allowed

The bill would not prevent the National Institute of Standards and Technology from testing or researching license plate readers or similar commercial technologies. It also would not stop states or local governments from using non-federal funds for activities that remain lawful under the bill. More restrictive federal, state, or local laws would still apply if they already impose stronger limits.

Relevant Companies

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