S. 5692: Ban Flock Act

This bill would sharply limit how the federal government can use automatic license plate readers, which are systems that capture and analyze vehicle license plates using cameras, software, and related databases.

What the bill would do

• It would generally prohibit federal agencies, federal officials, and anyone acting for the federal government from acquiring, possessing, accessing, or using automatic license plate readers in the United States.
• It would also prohibit them from using captured plate data, including data collected by another entity and later shared or stored in a database.
• The ban would apply broadly across the United States, including territories, airports, ports of entry, and border zones.

Limited exceptions

• The federal government could still use these systems if a separate act of Congress specifically authorizes the use and includes detailed limits on who may use the data, how long it may be kept, how it may be shared, and what safeguards apply.
• There is also a specific exception for tolling. Automatic license plate readers could be used to assess, bill, collect, audit, dispute, or enforce toll payments.

Special rules for toll data

• Data collected for tolling could only be used for toll-related purposes.
• It could not be used for general law enforcement, intelligence, tracking a person’s movements, advertising, product development, or unrelated commercial purposes.
• Sharing would be limited to toll customers, tolling contractors, other toll operators for payment processing, warrant-based disclosure, or urgent situations involving imminent danger of death or serious bodily injury.
• In tolling cases, the data generally would have to be deleted within 48 hours after the toll payment is successfully reconciled, with limited longer retention allowed for unpaid tolls, disputes, or proceedings.
• Toll operators and contractors would need safeguards, audit logs, and deletion practices.

Enforcement and lawsuits

• Evidence obtained in violation of the bill generally could not be used by the federal government in other cases.
• People harmed by a violation could sue the federal government.
• State attorneys general could also sue on behalf of residents.
• Courts could award damages, legal fees, and injunctions.
• Federal officials who violate the law could face retraining, suspension, termination, or other penalties, subject to due process.

Limits on federal grants to states and local governments

• Starting with the first fiscal year after enactment, certain federal funding from the Departments of Justice, Transportation, Health and Human Services, Housing and Urban Development, and Homeland Security could not go to a state or local government unless that government has a law or binding policy banning automatic license plate readers to at least the same extent as the federal ban.

Limits on federal spending

• No federal funds could be used to buy, lease, install, operate, maintain, or upgrade automatic license plate readers.
• No federal funds could be used to buy, access, store, analyze, or disclose captured plate data.
• No federal funds could be used for contracts, subscriptions, data-sharing arrangements, or reimbursements tied to these systems.
• Recipients of federal awards would have to follow these restrictions, and violations could require repayment of funds.

Relevant Companies

• VIS — Verra Mobility Corporation could be affected because it provides tolling and license-plate-based mobility services; the bill includes a tolling exception but would restrict broader use of license plate reader data and federal funding tied to these systems.
• IDEX — IDEMIA Public Security is involved in identity and security technologies, including some license-plate-recognition-related offerings through public safety contracts; federal and grant-funded use could be constrained.
• PRLB — None found