Flock-Off Act

Notwithstanding any other provision of law, no Federal funds may be obligated or expended, directly or indirectly, by the head of any Government agency or by any recipient or subrecipient of Federal funds (including any State, local, or Tribal government) to do any of the following:

(A) Purchase, lease, acquire, install, deploy, maintain, repair, replace, upgrade, or operate a covered camera system or any associated component.

(B) Enter into, renew, extend, modify, administer, or make a payment under any contract, subscription, license, memorandum of understanding, data-sharing agreement, cooperative agreement, or other similar arrangement for any of the following:

(i) The installation, maintenance, operation, or management of a covered camera system or any associated component.

(ii) Access to—

(I) a covered camera system or any associated component; or

(II) any data collected, generated, processed, retained, transmitted, or otherwise made available through a covered camera system or any associated component.

(iii) Hardware, software, cloud storage, network connectivity, technical support, data analysis, system integration, or any other product or service used in connection with a covered camera system or any associated component.

(C) Reimburse, subsidize, offset, or otherwise financially support, in whole or in part, an expenditure with respect to an action or arrangement described in subparagraph (A) or (B), respectively.

Not later than 180 days after the date of the enactment of this Act, the head of each Government agency shall decommission and remove any covered camera system and any associated component purchased, leased, installed, deployed, maintained, or operated, in whole or in part, with Federal funds.

Not later than 180 days after the date of the enactment of this Act, as a condition of continuing to receive Federal funds under the relevant Federal program, each recipient and subrecipient shall—

(i) cease operating any covered camera system and any associated component that the recipient or subrecipient has operated, in whole or in part, using Federal funds that the recipient or subrecipient received under a Federal program; and

(ii) terminate, or decline to renew or extend, any arrangement described in paragraph (1)(B) to which the recipient or subrecipient is a party that is funded, in whole or in part, under such Federal program.

If a recipient or subrecipient obligates or expends Federal funds that the recipient or subrecipient received under a Federal program in violation of paragraph (1), the head of the Government agency that provided such Federal funds to the recipient or subrecipient shall withhold further Federal funds under such Federal program from the recipient or subrecipient until the recipient or subrecipient reimburses the Treasury of the United States for the full amount of Federal funds obligated or expended in violation of such paragraph.

Subsection (a) does not apply to any covered camera system or any associated component that—

(A) is installed and operated within 1 mile of the northern border or the southern border;

(B) is owned or operated by U.S. Customs and Border Protection or by another Federal law enforcement agency or local law enforcement authority pursuant to a written agreement with U.S. Customs and Border Protection; and

(C) is used primarily for border security or for the detection or interdiction of unlawful entry, human trafficking, drug trafficking, alien smuggling, or transnational criminal activity.

Notwithstanding subsection (a), funds made available under section 104(b) of title 23, United States Code, may be used for any covered camera system or associated component if—

(A) the only purpose of such use is to collect, administer, or enforce a toll; and

(B) any data collected from such use is used, accessed, retained, queried, disclosed, or shared only for such purpose.

The term associated component, with respect to a covered camera system, includes any hardware, software, algorithm, database, communications network, cloud-based service, or data analysis platform of, or used in connection with, such covered camera system to collect, store, process, analyze, compare, query, match, transmit, share, or retrieve data collected or generated by such covered camera system, including biometric data.

The term biometric data means any data derived from human physiological, biological, or behavioral characteristics that may be used, alone or in combination with other data, to establish or verify the identity of an individual, including any of the following data:

(A) A facial image.

(B) A voiceprint.

(C) A fingerprint.

(D) An iris or a retinal scan.

(E) Gait pattern.

The term covered camera system means any fixed, mobile, or portable photographic, video, optical, infrared, biometric, or other electronic device that—

(A) automatically captures and processes an image or a recording of a motor vehicle or a license plate of a motor vehicle using machine learning or other automated image-processing technology to—

(i) extract license plate numbers, motor vehicle characteristics, or other information from such image or recording;

(ii) convert such information into computer-readable data; and

(iii) transmit such image, recording, or information to a remote or cloud-based system for storage, analysis, retrieval, or sharing; or

(B) automatically captures and processes an image or a recording of an individual using machine learning or other automated image processing technology to—

(i) extract biometric data of such individual from such image or recording;

(ii) convert such biometric data into computer-readable data; and

(iii) transmit such image, recording, or biometric data to a remote or cloud-based system for storage, analysis, retrieval, or sharing.

The terms Federal program, recipient; and subrecipient have the meaning given such terms in section 200.1 of title 2, Code of Federal Regulations.

The term Government agency has the meaning given that term in section 4 of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1433).

The term local law enforcement authority has the meaning given that term in section 921(a) of title 18, United States Code.

The terms northern border and southern border have the meaning given such terms in section 602 of the Border Infrastructure and Technology Modernization Act of 2007 (6 U.S.C. 1401).