34 U.S.C. § 12622 — Annual report

Page 414 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12622 associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and en- tertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representa- tives on all conference expenditures ap- proved under this paragraph. (4) Annual certification Beginning in the first fiscal year beginning after March 23, 2018, the Attorney General shall submit, to the Committee on the Judici- ary and the Committee on Appropriations of the Senate and the Committee on the Judici- ary and the Committee on Appropriations of the House of Representatives, an annual cer- tification— (A) indicating whether— (i) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appro- priate Assistant Attorney General or Di- rector; (ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and (iii) all reimbursements required under paragraph (1)(E) have been made; and (B) that includes a list of any grant recipi- ents excluded under paragraph (1) from the previous year. (f) Preventing duplicative grants (1) In general Before the Attorney General awards a grant to an applicant under this section, the Attor- ney General shall compare potential grant awards with other grants awarded by the At- torney General to determine if grant awards are or have been awarded for a similar pur- pose. (2) Report If the Attorney General awards grants to the same applicant for a similar purpose the At- torney General shall submit to the Committee on the Judiciary of the Senate and the Com- mittee on the Judiciary of the House of Rep- resentatives a report that includes— (A) a list of all such grants awarded, in- cluding the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded multiple grants to the same appli- cant for a similar purpose. (Pub. L. 103–322, title XXIV, § 240001, Sept. 13, 1994, 108 Stat. 2080; Pub. L. 115–141, div. Q, title I, § 102(a), Mar. 23, 2018, 132 Stat. 1116; Pub. L. 117–263, div. E, title LIX, § 5903(b), Dec. 23, 2022, 136 Stat. 3441.) Editorial Notes CODIFICATION Section was formerly classified to section 14181 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2022—Subsec. (d). Pub. L. 117–263 substituted ‘‘2023 through 2027’’ for ‘‘2018 through 2022’’. 2018—Pub. L. 115–141, § 102(a)(1), substituted ‘‘Ameri- cans’’ for ‘‘Alzheimer’s Disease Patient’’ in section catchline. Subsec. (a). Pub. L. 115–141, § 102(a)(2), amended sub- sec. (a) generally. Prior to amendment, text read as fol- lows: ‘‘The Attorney General shall, subject to the avail- ability of appropriations, award a grant to an eligible organization to assist the organization in paying for the costs of planning, designing, establishing, and oper- ating a Missing Alzheimer’s Disease Patient Alert Pro- gram, which shall be a locally based, proactive program to protect and locate missing patients with Alzheimer’s disease and related dementias.’’ Subsec. (b). Pub. L. 115–141, § 102(a)(3), inserted ‘‘com- petitive’’ after ‘‘to receive a’’, ‘‘agency or’’ before ‘‘or- ganization’’ in two places, and ‘‘The Attorney General shall periodically solicit applications for grants under this section by publishing a request for applications in the Federal Register and by posting such a request on the website of the Department of Justice.’’ at end. Subsecs. (c) to (f). Pub. L. 115–141, § 102(a)(4), added subsecs. (c) to (f) and struck out former subsecs. (c) and (d) which related to eligible organization for a grant and authorization of appropriations for fiscal years 1996 to 1998, respectively. § 12622. Annual report Not later than 2 years after March 23, 2018, and every year thereafter, the Attorney General shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives a report on the Missing Americans Alert Program, as amended by sub- section (a), which shall address— (1) the number of individuals who benefitted from the Missing Americans Alert Program, including information such as the number of individuals with reduced unsafe wandering, the number of people who were trained through the program, and the estimated num- ber of people who were impacted by the pro- gram; (2) the number of State, local, and tribal law enforcement or public safety agencies that ap- plied for funding under the Missing Americans Alert Program; (3) the number of State, local, and tribal local law enforcement or public safety agen- cies that received funding under the Missing Americans Alert Program, including— (A) the number of State, local, and tribal law enforcement or public safety agencies that used such funding for training; and (B) the number of State, local, and tribal law enforcement or public safety agencies that used such funding for designing, estab- lishing, or operating locative tracking tech- nology; (4) the companies, including the location (city and State) of the headquarters and local offices of each company, for which their loca- tive tracking technology was used by State, local, and tribal law enforcement or public safety agencies; (5) the nonprofit organizations, including the location (city and State) of the head- quarters and local offices of each organization, that State, local, and tribal law enforcement 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- tices required under paragraph (1), the Attor- ney 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-perma- nent 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 nec- essary 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 de- termined necessary by the Attorney General; and (II) collection, use, and retention of the data is solely for the purpose of pre- venting injury to or death of the indi- vidual 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 de- vices, 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 investiga- tion process to address— (I) incidents of noncompliance by re- cipients of grants under subsection (a)(2) of section 12621 of this title, as added by this Act, with the best practices estab- lished 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 agen- cies 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 sub- section (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 At- torney 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 re- ceives a grant under subsection (a)(2) of sec- tion 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 author- ized 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 de- vices issued under this program may not be used by a Federal entity to create a database.