Sec. 302. Standards and best practices for use of tracking devices
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Not later than 120 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations, shall establish standards and best practices relating to the use of tracking technology to locate individuals as described in subsection (a)(2) of section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 14181 ), as added by this Act.
In establishing the standards and best practices required under paragraph (1), the Attorney General shall— determine— the criteria used to determine which individuals would benefit from the use of a tracking device; who should have direct access to the tracking system; and which types of tracking devices can be used in compliance with the standards and best practices; and establish standards and best practices the Attorney General determines are necessary to the administration of a tracking system, including procedures to— safeguard the privacy of the data used by the tracking device such that— access to the data is restricted to agencies determined necessary by the Attorney General; and use of the data is solely for the purpose of preventing injury or death; establish criteria to determine whether use of the tracking device is the least restrictive alternative in order to prevent risk of injury or death before issuing the tracking device, including the previous consideration of less restrictive alternatives; provide training for law enforcement agencies to recognize signs of abuse during interactions with applicants for tracking devices; protect the civil rights and liberties of the individuals who use tracking devices, including their rights under the Fourth Amendment to the Constitution of the United States; establish a complaint and investigation process to address— incidents of noncompliance by recipients of grants under subsection (a)(2) of section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 14181 ), as added by this Act, with the best practices established by the Attorney General or other applicable law; and use of a tracking device over the objection of an individual; and determine the role that State agencies should have in the administration of a tracking system.
Each entity that receives a grant under subsection (a)(2) of section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 14181 ), as added by this Act, shall comply with any standards and best practices relating to the use of tracking devices established by the Attorney General in accordance with subsection (a). The Attorney General, in consultation with the Secretary of Health and Human Services, shall determine whether an entity that receives a grant under subsection (a)(2) of section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 14181 ), as added by this Act, acts in compliance with the requirement described in paragraph (1).
The standards and best practices established by the Attorney General under subsection
(a)shall apply only to the grant programs authorized under subsection (a)(2) of section 240001 of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 14181 ), as added by this Act.
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Sec. 302
Standards and best practices for use of tracking devices
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