34 U.S.C. § 12623 — Standards and best practices for use of

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. Page 416 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12631 1 See References in Text note below. (2) Voluntary participation Nothing in this Act may be construed to re- quire that a parent or guardian use a tracking device to monitor the location of a child or adult under that parent or guardian’s super- vision if the parent or guardian does not be- lieve 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.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means div. Q of Pub. L. 115–141, Mar. 23, 2018, 132 Stat. 1115, known as Kevin and Avonte’s Law of 2018. For complete classification of div. Q to the Code, see section 1 of div. Q of Pub. L. 115–141, set out as a Short Title of 2018 Amendment note under section 10101 of this title and Tables. The Civil Rights Act of 1964, referred to in subsec. (a)(2)(B)(iv), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VII of the Act is classified generally to sub- chapter VI (§ 2000e et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. CODIFICATION Section was enacted as part of Kevin and Avonte’s Law of 2018, and also as part of the Consolidated Appro- priations Act, 2018, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which en- acted this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 115–141, div. Q, title III, § 301, Mar. 23, 2018, 132 Stat. 1120, provided that: ‘‘In this title [enacting this section]: ‘‘(1) CHILD.—The term ‘child’ means an individual who is less than 18 years of age. ‘‘(2) INDIAN TRIBE.—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)). ‘‘(3) LAW ENFORCEMENT AGENCY.—The term ‘law en- forcement agency’ means an agency of a State, unit of local government, or Indian tribe that is author- ized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. ‘‘(4) NON-INVASIVE AND NON-PERMANENT.—The term ‘non-invasive and non-permanent’ means, with regard to any technology or device, that the procedure to in- stall the technology or device does not create an ex- ternal or internal marker or implant a device, such as a microchip, or other trackable items. ‘‘(5) STATE.—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. ‘‘(6) UNIT OF LOCAL GOVERNMENT.—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.’’ SUBCHAPTER XI—VIOLENT CRIME REDUCTION TRUST FUND § 12631. Creation of Violent Crime Reduction Trust Fund (a) Violent Crime Reduction Trust Fund There is established a separate account in the Treasury, known as the ‘‘Violent Crime Reduc- tion Trust Fund’’ (referred to in this section as the ‘‘Fund’’) into which shall be transferred, in accordance with subsection (b), savings realized from implementation of section 5 of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 3101 note; Public Law 103–226). (b) Transfers into Fund On the first day of the following fiscal years (or as soon thereafter as possible for fiscal year 1995), the following amounts shall be transferred from the general fund to the Fund— (1) for fiscal year 1995, $2,423,000,000; (2) for fiscal year 1996, $4,287,000,000; (3) for fiscal year 1997, $5,000,000,000; (4) for fiscal year 1998, $5,500,000,000; (5) for fiscal year 1999, $6,500,000,000; and (6) for fiscal year 2000, $6,500,000,000. (c) Appropriations from Fund (1) Amounts in the Fund may be appropriated exclusively for the purposes authorized in this Act and for those expenses authorized by any Act enacted before this Act that are expressly qualified for expenditure from the Fund. (2) Amounts appropriated under paragraph (1) and outlays flowing from such appropriations shall not be taken into account for purposes of any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985 except section 251A 1 of that Act as added by subsection (g), or for purposes of sec- tion 665d(b) 1 of title 2. Amounts of new budget authority and outlays under paragraph (1) that are included in concurrent resolutions on the budget shall not be taken into account for pur- poses of sections 665(b), 665e(b), and 665e(c) of title 2,1 or for purposes of section 24 of House Concurrent Resolution 218 (One Hundred Third Congress). (Pub. L. 103–322, title XXXI, § 310001(a)–(c), Sept. 13, 1994, 108 Stat. 2102, 2103.) Editorial Notes REFERENCES IN TEXT This section, referred to in subsec. (a), is section 310001 of Pub. L. 103–322, which enacted this section and section 901a of Title 2, The Congress, and amended sec- tions 665a and 904 of Title 2 and sections 1105 and 1321 of Title 31, Money and Finance. This Act, referred to in subsec. (c)(1), is Pub. L. 103–322, Sept. 13, 1994, 108 Stat. 1796, known as the Vio- lent Crime Control and Law Enforcement Act of 1994. For complete classification of this Act to the Code, see Short Title of 1994 Act note set out under section 10101 of this title and Tables. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c)(2), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, The Congress, amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2, sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and section 911 of Title 42, The Public Health and Welfare, repealed section 661 of Title 2, enacted provisions set out as notes under section 900 of Title 2 and section 911 of Title 42, and amended provisions set out as a note under section 621 of Title 2. Section 251A of the Act was classified to sec- tion 901a of Title 2 and was repealed by Pub. L. 105–33, title X, § 10204(a)(1), Aug. 5, 1997, 111 Stat. 702. For com- plete classification of this Act to the Code, see Short