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)]
<DOC>
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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