34 U.S.C. § 12623: Standards and best practices for use of non-invasive and non-permanent tracking devices

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. the criteria used to determine which individuals would benefit from the use of a tracking device; the criteria used to determine who should have direct access to the tracking system; and which non-invasive and non-permanent types of tracking devices can be used in compliance with the standards and best practices; and access to the data is restricted to law enforcement and health agencies determined necessary by the Attorney General; and 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; 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 and title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.); 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 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. 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. 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). 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). 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. Any tracking data provided by tracking devices issued under this program may not be used by a Federal entity to create a database. 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. The term ‘child’ means an individual who is less than 18 years of age. The term ‘Indian tribe’ has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). The term ‘law enforcement agency’ means an agency of a State, unit of local government, or Indian tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. The term ‘non-invasive and non-permanent’ means, with regard to any technology or device, that the procedure to install the technology or device does not create an external or internal marker or implant a device, such as a microchip, or other trackable items. The term ‘State’ means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. The term ‘unit of local government’ means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level.”