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34 U.S.C. § 12623 — Standards and best practices for use of non-invasive and non-permanent tracking devices
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12621&num=0&edition=prelim), 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 whe
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Source file: Laws/federal/codes/united-states-code/title-34/section-12623-standards-and-best-practices-for-use-of-non-invasive-and-non-permanent-t--364fc4aa3a.md
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Source location: Title 34, Chapter 121, § 12623; chapter-121-violent-crime-control-and-law-enforcement.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12621&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12621&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12621&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12621&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12621&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this subchapter—
**(a)** The term “person” includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in cases under title 11, or receivers.
**(b)** The term “employer” means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in [section 2102 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2102&num=0&edition=prelim)), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under [section 501(c) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section501/c&num=0&edition=prelim), except that during the first year after March 24, 1972, persons having fewer than twenty-five employees (and their agents) shall not be considered employers.
**(c)** The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person.
**(d)** The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant program to reduce injury and death of missing Americans with dementia and developmental disabilities** Subject to the availability of appropriations to carry out this section, the Attorney General, through the Bureau of Justice Assistance and in consultation with the Secretary of Health and Human Services—
(1) shall award competitive grants to health care agencies, State and local law enforcement agencies, or public safety agencies and nonprofit organizations to assist such entities in planning, designing, establishing, or operating locally based, proactive programs to prevent wandering and locate missing individuals with forms of dementia, such as Alzheimer’s Disease, or developmental disabilities, such as autism, who, due to their condition, wander from safe environments, including programs that—
(A) provide prevention and response information, including online training resources, and referrals to families or guardians of such individuals who, due to their condition, wander from a safe environment;
(B) provide education and training, including online training resources, to first responders, school personnel, clinicians, and the public in order to—
(i) increase the safety and reduce the incidence of wandering of persons, who, due to their dementia or developmental disabilities, may wander from safe environments;
(ii) facilitate the rescue and recovery of individuals who, due to their dementia or developmental disabilities, wander from safe environments; and
(iii) recognize and respond to and appropriately interact with endangered missing individuals with dementia or developmental disabilities who, due to their condition, wander from safe environments;
(C) provide prevention and response training and emergency protocols for school ad
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Federal law — U.S. Code and appendices · legal_authorities
There is hereby established an Office of Justice Programs within the Department of Justice under the general authority of the Attorney General. The Office of Justice Programs (hereinafter referred to in this chapter as the “Office”) shall be headed by an Assistant Attorney General (hereinafter in this chapter referred to as the “Assistant Attorney General”) appointed by the President, by and with the advice and consent of the Senate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Equal access** All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.
**(b) Establishments affecting interstate commerce or supported in their activities by State action as places of public accommodation; lodgings; facilities principally engaged in selling food for consumption on the premises; gasoline stations; places of exhibition or entertainment; other covered establishments** Each of the following establishments which serves the public is a place of public accommodation within the meaning of this subchapter if its operations affect commerce, or if discrimination or segregation by it is supported by State action:
(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;
(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the premises of any retail establishment; or any gasoline station;
(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and
(4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such cove
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Federal law — U.S. Code and appendices · legal_authorities
Page 415
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 12623
or public safety agencies partnered with and
the result of each partnership;
(6) the number of missing children with au-
tism or another developmental disability with
wandering tendencies or adults with Alz-
heimer’s being served by the program who
went missing and the result of the search for
each such individual; and
(7) any recommendations for improving the
Missing Americans Alert Program.
(Pub. L. 115–141, div. Q, title I, § 102(b), Mar. 23,
2018, 132 Stat. 1119.)
Editorial Notes
REFERENCES IN TEXT
Subsection (a), referred to in text, is subsec. (a) of
section 102 of Pub. L. 115–141, which amended section
12621 of this title.
CODIFICATION
Section was enacted as part of the Missing Americans
Alert Program Act of 2018 and also as part of Kevin and
Avonte’s Law of 2018 and the Consolidated Appropria-
tions Act, 2018, and not as part of the Violent Crime
Control and Law Enforcement Act of 1994 which en-
acted this chapter.
§ 12623. Standards and best practices for use of
non-invasive and non-permanent tracking
devices
(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 track-
ing technology, where a guardian or parent
has determined that a non-invasive and non-
permanent tracking device is the least restric-
tive alternative, to locate individuals as de-
scribed in subsection (a)(2) of section 12621 of
this title, as added by this Act.
(2) Requirements
In establishing the standards and best prac-
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 12623
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 5261
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2000e
part of the Civil Rights Act of 1964, title VI of which
comprises this subchapter.
Statutory Notes and Related Subsidiaries
TRANSFER OF FUNCTIONS
‘‘Secretary of Education’’ substituted for ‘‘Depart-
ment of Health, Education, and Welfare’’ in subsec. (d)
pursuant to sections 301 and 507 of Pub. L. 96–88, which
are classified to sections 3441 and 3507 of Title 20, Edu-
cation, and which transferred functions and offices (re-
lating to education) of Department and Secretary of
Health, Education, and Welfare to Secretary of Edu-
cation.
§ 2000d–7. Civil rights remedies equalization
(a) General provision
(1) A State shall not be immune under the
Eleventh Amendment of the Constitution of the
United States from suit in Federal court for a
violation of section 504 of the Rehabilitation Act
of 1973 [29 U.S.C. 794], title IX of the Education
Amendments of 1972 [20 U.S.C. 1681 et seq.], the
Age Discrimination Act of 1975 [42 U.S.C. 6101 et
seq.], title VI of the Civil Rights Act of 1964 [42
U.S.C. 2000d et seq.], or the provisions of any
other Federal statute prohibiting discrimination
by recipients of Federal financial assistance.
(2) In a suit against a State for a violation of
a statute referred to in paragraph (1), remedies
(including remedies both at law and in equity)
are available for such a violation to the same
extent as such remedies are available for such a
violation in the suit against any public or pri-
vate entity other than a State.
(b) Effective date
The provisions of subsection (a) shall take ef-
fect with respect to violations that occur in
whole or in part after October 21, 1986.
(Pub. L. 99–506, title X, § 1003, Oct. 21, 1986, 100
Stat. 1845.)
Editorial Notes
REFERENCES IN
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2000e
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