§ 12623. Standards and best practices for use of non-invasive and non-permanent tracking devices

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(a)Establishment

(1)In general Not later than 180 days after March 23, 2018, 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 non-invasive and non-permanent tracking technology, where a guardian or parent has determined that a non-invasive and non-permanent tracking device is the least restrictive alternative, to locate individuals as described in subsection (a)(2) of section 12621 of this title, as added by this Act.

(2)Requirements In establishing the standards and best practices required under paragraph (1), the Attorney General shall—

(A)determine—

(i)the criteria used to determine which individuals would benefit from the use of a tracking device;

(ii)the criteria used to determine who should have direct access to the tracking system; and

(iii)which non-invasive and non-permanent types of tracking devices can be used in compliance with the standards and best practices; and

(B)establish standards and best practices the Attorney General determines are necessary to the administration of a tracking system, including procedures to—

(i)safeguard the privacy of the data used by the tracking device such that—

(I)access to the data is restricted to law enforcement and health agencies determined necessary by the Attorney General; and

(II)collection, use, and retention of the data is solely for the purpose of preventing injury to or death of the individual wearing the tracking device;

(ii)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;

(iii)provide training for law enforcement agencies to recognize signs of abuse during interactions with applicants for tracking devices;

(iv)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 and title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);

(v)establish a complaint and investigation process to address—

(I)incidents of noncompliance by recipients of grants under subsection (a)(2) of section 12621 of this title, as added by this Act, with the best practices established by the Attorney General or other applicable law; and

(II)use of a tracking device over the objection of an individual; and

(vi)determine the role that State agencies should have in the administration of a tracking system.

(3)Effective date The standards and best practices established pursuant to paragraph

(1)shall take effect 90 days after publication of such standards and practices by the Attorney General.

(b)Required compliance

(1)In general Each entity that receives a grant under subsection (a)(2) of section 12621 of this title, 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).

(2)Determination of compliance 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 12621 of this title, as added by this Act, acts in compliance with the standards and best practices described in paragraph (1).

(c)Applicability of standards and best practices 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 12621 of this title, as added by this Act.

(d)Limitations on program

(1)Data storage Any tracking data provided by tracking devices issued under this program may not be used by a Federal entity to create a database.

(2)Voluntary participation Nothing in this Act may be construed to require that a parent or guardian use a tracking device to monitor the location of a child or adult under that parent or guardian’s supervision if the parent or guardian does not believe that the use of such device is necessary or in the interest of the child or adult under supervision.

(Pub. L. 115–141, div. Q, title III, § 302, Mar. 23, 2018, 132 Stat. 1121.)

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