Prohibition on use of Federal funds to purchase automated license plate readers

(a) Prohibition Except as provided in subsections (c) and (d), no Federal funds may be obligated or expended, directly or indirectly, to— (1) purchase, acquire, lease, install, operate, maintain, or upgrade an automatic license plate reader; (2) purchase, license, obtain, access, search, retain, analyze, or disclose captured plate data or information derived from captured plate data; (3) enter into, renew, or extend a contract, subscription, data-sharing agreement, or other arrangement for the use of an automatic license plate reader or captured plate data; or (4) reimburse or replace non-Federal funds used for an activity described in paragraphs (1) through (3). (b) Conditions on awards (1) In general The head of each Federal agency providing an award with Federal funds shall include the prohibition under subsection (a) in the terms and conditions of the applicable award. (2) Prohibition A recipient or subrecipient of an award with Federal funds may not— (A) treat an activity prohibited under subsection (a) as an allowable direct or indirect cost; or (B) evade the prohibition under subsection (a) by— (i) transferring Federal funds among accounts; (ii) using Federal funds to pay costs that would otherwise have been paid with non-Federal funds; or (iii) directing another entity to conduct the prohibited activity on its behalf. (c) Exception The prohibition under subsection (a) shall not apply to an activity explicitly authorized pursuant to section 3(b). (d) Tolling exception The prohibition under subsection (a) shall not apply to an automatic license plate reader or captured plate data used solely to assess, bill, collect, audit, dispute, or enforce payment of a toll, subject to the limitations and requirements of section 3(c). (e) Enforcement (1) In general Federal funds used in violation of this section shall be treated as an unallowable cost and shall be repaid to the United States. (2) Suspension and termination The head of a Federal agency— (A) may suspend or terminate the portion of an award connected to a violation of subsection (a); and (B) impose additional remedies otherwise available under Federal law. (3) Considerations Before imposing a remedy under paragraph (2) for a violation of subsection (a), the head of a Federal agency shall consider the nature, circumstances, extent, and severity of the violation, including whether— (A) the recipient acted knowingly; and (B) the violation was corrected promptly. (f) Rule of construction Nothing in this section shall be construed to prohibit a State, political subdivision, or other non-Federal entity from using non-Federal funds for an activity that is otherwise lawful under this Act.