H.R. 10691 — Ban Flock Act

This section defines terms used in the Act, including an automatic license plate reader as any system using cameras or software to capture, identify, or track vehicles by license plate; captured plate data as all associated images, locations, times, and derived records from fixed, mobile, or private sources; and federal funds as any appropriation, grant, contract, or other federal financial assistance.

This section prohibits any Federal agency, official, or agent from acquiring, possessing, accessing, or using automatic license plate readers or captured plate data in the United States. It creates two exceptions: use authorized by a subsequent Act of Congress that specifies permitted entities, purposes, 48-hour data retention, auditing, due process protections, and compliance mechanisms; and use solely for toll assessment, billing, collection, or enforcement, subject to limits including no law enforcement comparisons, disclosure only to owners, contractors, interoperable operators, or via warrant (or in imminent danger cases with a warrant required within 14 days), deletion within 48 hours after reconciled payment (or up to 30 days after final resolution of disputes), and mandatory audit logs and security safeguards. Violating data is inadmissible in Federal proceedings except those alleging a violation of this section, and aggrieved individuals may sue the Federal Government for relief.

This section conditions federal financial assistance from the Departments of Justice, Transportation, Health and Human Services, Housing and Urban Development, and Homeland Security on states and units of local government enacting laws or binding policies that prohibit automatic license plate readers to the same or greater extent as the federal prohibition. The condition applies beginning the first day of the first fiscal year after enactment.

This section prohibits the obligation or expenditure of Federal funds to purchase, operate, maintain, or access automatic license plate readers or captured plate data, directly or indirectly. It bars Federal agencies from allowing such uses as award costs, requires repayment of misused funds, and authorizes suspension or termination of awards, with exceptions only for toll collection and activities authorized under section 3(b).