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

(a) Setting the standards. (1) In general. Within 180 days of March 23, 2018, the Attorney General — consulting the Secretary of Health and Human Services and leading research, advocacy, self-advocacy, and service organizations — must set standards and best practices for using non-invasive, non-permanent tracking devices. These apply when a guardian or parent has decided such a device is the least restrictive way to locate someone described in section 12621(a)(2). (2) What the standards must cover. The Attorney General must: (A) decide (i) who would benefit from a tracking device, (ii) who should have direct access to the tracking system, and (iii) which non-invasive, non-permanent device types comply; and (B) set standards and best practices needed to run a tracking system, including procedures to: (i) protect the data's privacy — limiting access to law enforcement and health agencies the Attorney General decides need it, and collecting, using, and keeping the data only to prevent injury or death to the person wearing it; (ii) set criteria for deciding a tracking device is the least restrictive option to prevent injury or death, including considering less restrictive alternatives first; (iii) train law enforcement to recognize signs of abuse when dealing with device applicants; (iv) protect the civil rights and liberties of device users, including their Fourth Amendment rights and rights under Title VII of the Civil Rights Act of 1964; (v) set up a complaint and investigation process for grant recipients who don't follow the best practices or other law, and for cases where a device is used despite the person's objection; and (vi) decide what role state agencies should play in running a tracking system. (3) Effective date. These standards take effect 90 days after the Attorney General publishes them. (b) Following the standards. (1) In general. Any entity that gets a grant under section 12621(a)(2) must follow the tracking-device standards the Attorney General sets under (a). (2) Checking compliance. The Attorney General, consulting the Secretary of Health and Human Services, decides whether a grantee is actually following the standards in (1). (c) Where the standards apply. These standards only apply to the grant programs authorized under section 12621(a)(2). (d) Limits on the program. (1) No database. Tracking data from devices issued under this program can't be used by a federal agency to build a database. (2) Voluntary. Nothing here requires a parent or guardian to use a tracking device on a child or adult they supervise, if they don't believe it's necessary or in that person's interest.