FLAFO Act

The bill defines a covered system as an automated license plate reader system that stores or transmits vehicle-location information in a centralized or cross-jurisdictional database, allows searches of historical vehicle locations across jurisdictions, or uses artificial intelligence or machine learning to search for vehicles by characteristics other than a license plate number. Federal agencies generally could not buy, lease, operate, or access such systems, request information from them, or provide information to them.

A federal agency could access information or request it from a covered system only with a warrant, unless the agency head determines the information is reasonably necessary to find a missing or endangered person, respond to an imminent danger to a person, or investigate a person believed connected to terrorism, espionage, sabotage, or a foreign power.

A federal officer or employee who knowingly violates the restrictions could face up to five years in prison, a fine, and a civil penalty of up to $100,000; an affected person could sue for damages and other relief. A covered-system operator that knowingly provides a federal agency unauthorized access or information could also face up to five years in prison, a fine, a civil penalty of up to $100,000, and a lawsuit.

A state, local government, or Indian Tribe would have to establish and carry out requirements substantially similar to the bill’s rules for its agencies to qualify for Department of Justice funds. The Attorney General would certify compliance annually.

The restrictions would not apply to specified Secret Service duties; listed Customs and Border Protection activities, including border security and certain cross-border investigations; or certain security operations by the Departments of Defense, Homeland Security, or Energy at military, Coast Guard, nuclear, or other national security facilities. Related information-sharing for those activities would also be excluded.