Title: Reasonable Policies on Automated License Plate Readers Act
Policy area: Crime and Law Enforcement

Summary:
Reasonable Policies on Automated License Plate Readers Act
This bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to make ineligible for funds under the Edward Byrne Memorial Justice Assistance Grant Program and the Public Safety and Community Policing Grant Program a state or local law enforcement agency that uses an automated license plate reader without developing written and binding policies to limit the storage and sharing of data collected by the reader.
Additionally, the bill generally prohibits a federal law enforcement agency from using an automated license plate reader without developing written and binding policies to limit the storage and sharing of data collected by the reader.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4303 Introduced in House (IH)]

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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.

    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 ``Reasonable Policies on Automated 
License Plate Readers Act''.

SEC. 2. FUNDING UNDER EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 
              PROGRAM AND PUBLIC SAFETY AND COMMUNITY POLICING GRANT 
              PROGRAM PROHIBITED FOR USE BY LAW ENFORCEMENT AGENCIES 
              THAT USE LICENSE PLATE READERS UNLESS CERTAIN CONDITIONS 
              MET.

    (a) Restriction Under Edward Byrne Memorial Justice Assistance 
Grant Program.--Section 501(d) of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3751(d)) is amended by adding at the end 
the following new paragraph:
            ``(3) Any funds or other assistance to a law enforcement 
        agency that uses an automated license plate reader, unless such 
        law enforcement agency has developed written and binding 
        policies for the use of the reader that ensure data collected 
        by the reader--
                    ``(A) is not stored for a period exceeding 48 hours 
                unless the data is being used in an active law 
                enforcement investigation;
                    ``(B) is not stored in a statewide database or 
                other database that consolidates data from such 
                readers; and
                    ``(C) is shared with an entity other than the law 
                enforcement agency that operates the reader only if--
                            ``(i) the entity is another law enforcement 
                        agency;
                            ``(ii) the data is to be used in an active 
                        law enforcement investigation; and
                            ``(iii) the data is provided in response to 
                        a specific request for the data.''.
    (b) Restriction Under Public Safety and Community Policing Grant 
Program.--Section 1701 of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796dd) is amended--
            (1) in subsection (b), by striking ``The purposes'' and 
        inserting ``Subject to subsection (l), the purposes''; and
            (2) by adding at the end the following new subsection:
    ``(l) Prohibited Use.--Notwithstanding any other provision of this 
Act, no funds provided under this part may be provided to or used, 
directly or indirectly, by a law enforcement agency that uses an 
automated license plate reader, unless such law enforcement agency has 
developed written and binding policies for the use of the reader that 
ensure data collected by the reader--
            ``(1) is not stored for a period exceeding 48 hours unless 
        the data is being used in an active law enforcement 
        investigation;
            ``(2) is not stored in a statewide database or other 
        database that consolidates data from such readers; and
            ``(3) is shared with an entity other than the law 
        enforcement agency that operates the reader only if--
                    ``(A) the entity is another law enforcement agency;
                    ``(B) the data is to be used in an active law 
                enforcement investigation; and
                    ``(C) the data is provided in response to a 
                specific request for the data.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to funds provided for grant periods beginning on or 
after the date that is 90 days after the date of the enactment of this 
Act.

SEC. 3. FEDERAL LAW ENFORCEMENT AGENCIES.

    (a) In General.--Except as provided in subsection (b), no Federal 
law enforcement agency may use an automated license plate reader, 
unless such law enforcement agency has developed written and binding 
policies for the use of the reader that ensure data collected by the 
reader--
            (1) is not stored for a period exceeding 48 hours unless 
        the data is being used in an active law enforcement 
        investigation;
            (2) is not stored in a statewide database or other database 
        that consolidates data from such readers; and
            (3) is shared with an entity other than the law enforcement 
        agency that operates the reader only if--
                    (A) the entity is another law enforcement agency;
                    (B) the data is to be used in an active law 
                enforcement investigation; and
                    (C) the data is provided in response to a specific 
                request for the data.
    (b) Exception for Physical Border Crossing.--Any data collected by 
the reader at a international border crossing of the United States.
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