I 

115TH CONGRESS 

1ST SESSION H. R. 4303 

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 

prohibit funding under the Edward Byrne Memorial Justice Assistance 

grant program and the Public Safety and Community Policing grant 

program to be provided to law enforcement agencies that use license 

plate readers unless certain conditions are met. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 8, 2017 

Mr. CAPUANO introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend the Omnibus Crime Control and Safe Streets 

Act of 1968 to prohibit funding under the Edward Byrne 

Memorial Justice Assistance grant program and the Public Safety and Community Policing grant program to 

be provided to law enforcement agencies that use license 

plate readers unless certain conditions are met. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Reasonable Policies 

5 on Automated License Plate Readers Act’’. 


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1 SEC. 2. FUNDING UNDER EDWARD BYRNE MEMORIAL JUS2 TICE ASSISTANCE GRANT PROGRAM AND 

3 PUBLIC SAFETY AND COMMUNITY POLICING 

4 GRANT PROGRAM PROHIBITED FOR USE BY 

5 LAW ENFORCEMENT AGENCIES THAT USE LI6 CENSE PLATE READERS UNLESS CERTAIN 

7 CONDITIONS MET. 

8 (a) RESTRICTION UNDER EDWARD BYRNE MEMO9 RIAL JUSTICE ASSISTANCE GRANT PROGRAM.—Section 

10 501(d) of the Omnibus Crime Control and Safe Streets 

11 Act of 1968 (42 U.S.C. 3751(d)) is amended by adding 

12 at the end the following new paragraph: 

13 ‘‘(3) Any funds or other assistance to a law en14 forcement agency that uses an automated license 

15 plate reader, unless such law enforcement agency 

16 has developed written and binding policies for the 

17 use of the reader that ensure data collected by the 

18 reader— 

19 ‘‘(A) is not stored for a period exceeding 

20 48 hours unless the data is being used in an ac21 tive law enforcement investigation; 

22 ‘‘(B) is not stored in a statewide database 

23 or other database that consolidates data from 

24 such readers; and 


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1 ‘‘(C) is shared with an entity other than 

2 the law enforcement agency that operates the 

3 reader only if— 

4 ‘‘(i) the entity is another law enforce5 ment agency; 

6 ‘‘(ii) the data is to be used in an ac7 tive law enforcement investigation; and 

8 ‘‘(iii) the data is provided in response 

9 to a specific request for the data.’’. 

10 (b) RESTRICTION UNDER PUBLIC SAFETY AND COM11 MUNITY POLICING GRANT PROGRAM.—Section 1701 of 

12 the Omnibus Crime Control and Safe Streets Act of 1968 

13 (42 U.S.C. 3796dd) is amended— 

14 (1) in subsection (b), by striking ‘‘The pur15 poses’’ and inserting ‘‘Subject to subsection (l), the 

16 purposes’’; and 

17 (2) by adding at the end the following new sub18 section: 

19 ‘‘(l) PROHIBITED USE.—Notwithstanding any other 

20 provision of this Act, no funds provided under this part 

21 may be provided to or used, directly or indirectly, by a 

22 law enforcement agency that uses an automated license 

23 plate reader, unless such law enforcement agency has de24 veloped written and binding policies for the use of the 

25 reader that ensure data collected by the reader— 


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1 ‘‘(1) is not stored for a period exceeding 48 

2 hours unless the data is being used in an active law 

3 enforcement investigation; 

4 ‘‘(2) is not stored in a statewide database or 

5 other database that consolidates data from such 

6 readers; and 

7 ‘‘(3) is shared with an entity other than the law 

8 enforcement agency that operates the reader only 

9 if— 

10 ‘‘(A) the entity is another law enforcement 

11 agency; 

12 ‘‘(B) the data is to be used in an active 

13 law enforcement investigation; and 

14 ‘‘(C) the data is provided in response to a 

15 specific request for the data.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply with respect to funds provided for 

18 grant periods beginning on or after the date that is 90 

19 days after the date of the enactment of this Act. 

20 SEC. 3. FEDERAL LAW ENFORCEMENT AGENCIES. 

21 (a) IN GENERAL.—Except as provided in subsection 

22 (b), no Federal law enforcement agency may use an auto23 mated license plate reader, unless such law enforcement 

24 agency has developed written and binding policies for the 


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1 use of the reader that ensure data collected by the read2 er— 

3 (1) is not stored for a period exceeding 48 

4 hours unless the data is being used in an active law 

5 enforcement investigation; 

6 (2) is not stored in a statewide database or 

7 other database that consolidates data from such 

8 readers; and 

9 (3) is shared with an entity other than the law 

10 enforcement agency that operates the reader only 

11 if— 

12 (A) the entity is another law enforcement 

13 agency; 

14 (B) the data is to be used in an active law 

15 enforcement investigation; and 

16 (C) the data is provided in response to a 

17 specific request for the data. 

18 (b) EXCEPTION FOR PHYSICAL BORDER CROSS19 ING.—Any data collected by the reader at a international 

20 border crossing of the United States. 

Æ 


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