34 U.S.C. § 21711 — Supporting Federal cases involving elder

Page 545 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21711 Homeland Security, may provide technical as- sistance to foreign authorities in order to enable such authorities to participate more effectively in the notification program system established under this chapter. (Pub. L. 114–119, § 10, Feb. 8, 2016, 130 Stat. 25.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 114–119, Feb. 8, 2016, 130 Stat. 15, known as the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Of- fenders, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 2016 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16935g of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 21509. Authorization of appropriations There are authorized to be appropriated to carry out this chapter $6,000,000 for each of fiscal years 2018 through 2021. (Pub. L. 114–119, § 11, Feb. 8, 2016, 130 Stat. 25; Pub. L. 115–425, title III, § 302, Jan. 8, 2019, 132 Stat. 5488.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 114–119, Feb. 8, 2016, 130 Stat. 15, known as the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Of- fenders, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 2016 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16935h of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2019—Pub. L. 115–425 substituted ‘‘2018 through 2021’’ for ‘‘2017 and 2018’’. § 21510. Rule of construction Nothing in this chapter shall be construed to limit international information sharing or law enforcement cooperation relating to any person pursuant to any authority of the Department of Justice, the Department of Homeland Security, or any other department or agency. (Pub. L. 114–119, § 12, Feb. 8, 2016, 130 Stat. 25.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 114–119, Feb. 8, 2016, 130 Stat. 15, known as the International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Of- fenders, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 2016 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 16935i of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. CHAPTER 217—ELDER ABUSE PREVENTION AND PROSECUTION Sec. 21701. Definitions. SUBCHAPTER I—SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE 21711. Supporting Federal cases involving elder jus- tice. SUBCHAPTER II—IMPROVED DATA COLLECTION AND FEDERAL COORDINATION 21721. Establishment of best practices for local, State, and Federal data collection. 21722. Effective interagency coordination and Fed- eral data collection. SUBCHAPTER III—ENHANCED VICTIM ASSISTANCE TO ELDER ABUSE SURVIVORS 21731. Report. SUBCHAPTER IV—ROBERT MATAVA ELDER ABUSE PROSECUTION ACT OF 2017 21741. Training and technical assistance for States. 21742. Interstate initiatives. SUBCHAPTER V—MISCELLANEOUS 21751. Model power of attorney legislation. 21752. Best practices and model legislation for guardianship proceedings. § 21701. Definitions In this chapter— (1) the terms ‘‘abuse’’, ‘‘adult protective services’’, ‘‘elder’’, ‘‘elder justice’’, ‘‘exploi- tation’’, ‘‘law enforcement’’, and ‘‘neglect’’ have the meanings given those terms in sec- tion 1397j of title 42; (2) the term ‘‘elder abuse’’ includes abuse, neglect, and exploitation of an elder; and (3) the term ‘‘State’’ means each of the sev- eral States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (Pub. L. 115–70, § 2, Oct. 18, 2017, 131 Stat. 1208.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 115–70, Oct. 18, 2017, 131 Stat. 1208, known as the Elder Abuse Prevention and Prosecution Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title of 2017 Amendment note set out under section 10101 of this title and Tables. SUBCHAPTER I—SUPPORTING FEDERAL CASES INVOLVING ELDER JUSTICE § 21711. Supporting Federal cases involving elder justice (a) Support and assistance (1) Elder Justice Coordinators The Attorney General shall designate in each Federal judicial district not less than one Page 546 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21711 Assistant United States Attorney to serve as the Elder Justice Coordinator for the district, who, in addition to any other responsibilities, shall be responsible for— (A) serving as the legal counsel for the Federal judicial district on matters relating to elder abuse; (B) prosecuting, or assisting in the pros- ecution of, elder abuse cases; (C) conducting public outreach and aware- ness activities relating to elder abuse; and (D) ensuring the collection of data re- quired to be collected under section 21722 of this title. (2) Investigative support The Attorney General, in consultation with the Director of the Federal Bureau of Inves- tigation, shall, with respect to crimes relating to elder abuse, ensure the implementation of a regular and comprehensive training program to train agents of the Federal Bureau of Inves- tigation in the investigation and prosecution of such crimes and the enforcement of laws re- lated to elder abuse, which shall include— (A) specialized strategies for commu- nicating with and assisting elder abuse vic- tims; and (B) relevant forensic training relating to elder abuse. (3) Resource group The Attorney General, through the Execu- tive Office for United States Attorneys, shall ensure the operation of a resource group to fa- cilitate the sharing of knowledge, experience, sample pleadings and other case documents, training materials, and any other resources to assist prosecutors throughout the United States in pursuing cases relating to elder abuse. (4) Designated elder justice working group or subcommittee to the Attorney General’s Advisory Committee of United States Attor- neys Not later than 60 days after October 18, 2017, the Attorney General, in consultation with the Director of the Executive Office for United States Attorneys, shall establish a sub- committee or working group to the Attorney General’s Advisory Committee of United States Attorneys, as established under section 0.10 of title 28, Code of Federal Regulations, or any successor thereto, for the purposes of ad- vising the Attorney General on policies of the Department of Justice relating to elder abuse. (b) Department of Justice Elder Justice Coordi- nator (1) In general Not later than 60 days after October 18, 2017, the Attorney General shall designate an Elder Justice Coordinator within the Department of Justice who, in addition to any other respon- sibilities, shall be responsible for— (A) coordinating and supporting the law enforcement efforts and policy activities for the Department of Justice on elder justice issues; (B) evaluating training models to deter- mine best practices and creating or com- piling and making publicly available replica- tion guides and training materials for law enforcement officers, prosecutors, judges, emergency responders, individuals working in victim services, adult protective services, social services, and public safety, medical personnel, mental health personnel, finan- cial services personnel, and any other indi- viduals whose work may bring them in con- tact with elder abuse regarding how to— (i) conduct investigations in elder abuse cases; (ii) address evidentiary issues and other legal issues, including witnesses who have Alzheimer’s disease and related dementias; and (iii) appropriately assess, respond to, and interact with victims and witnesses in elder abuse cases (including victims and witnesses who have Alzheimer’s disease and related dementias), including in ad- ministrative, civil, and criminal judicial proceedings; and (C) carrying out such other duties as the Attorney General determines necessary in connection with enhancing the under- standing, prevention, and detection of, and response to, elder abuse. (2) Training materials (A) In general In creating or compiling replication guides and training materials under paragraph (1)(B), the Elder Justice Coordinator shall consult with the Secretary of Health and Human Services, State, local, and Tribal adult protective services, aging, social, and human services agencies, Federal, State, local, and Tribal law enforcement agencies, and nationally recognized nonprofit associa- tions with relevant expertise, as appro- priate. (B) Updating The Elder Justice Coordinator shall— (i) review the best practices identified and replication guides and training mate- rials created or compiled under paragraph (1)(B) to determine if the replication guides or training materials require updat- ing; and (ii) perform any necessary updating of the replication guides or training mate- rials. (c) Federal Trade Commission (1) Federal Trade Commission Elder Justice Coordinator Not later than 60 days after October 18, 2017, the Chairman of the Federal Trade Commis- sion shall designate within the Bureau of Con- sumer Protection of the Federal Trade Com- mission an Elder Justice Coordinator who, in addition to any other responsibilities, shall be responsible for— (A) coordinating and supporting the en- forcement and consumer education efforts and policy activities of the Federal Trade Commission on elder justice issues; and (B) serving as, or ensuring the availability of, a central point of contact for individuals, Page 547 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21721 1 See Applicability of Amendment note below. 2 So in original. Subpar. (B) added by Pub. L. 116–252 without conforming amendment to punctuation at end of subpar. (A)(iv). units of local government, States, and other Federal agencies on matters relating to the enforcement and consumer education efforts and policy activities of the Federal Trade Commission on elder justice issues. (2) 1 Reports to Congress Not later than 1 year after October 18, 2017, and once every year thereafter, the Chairman of the Federal Trade Commission and the At- torney General shall each submit to the Com- mittee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report— (A) detailing the enforcement actions taken by the Federal Trade Commission and the Department of Justice, respectively, over the preceding year in each case in which not less than one victim was an elder or that involved a financial scheme or scam that was either targeted directly toward or largely affected elders, including— (i) the name of the district where the case originated; (ii) the style of the case, including the case name and number; (iii) a description of the scheme or scam; and (iv) the outcome of the case.2 (B) with respect to the report by the At- torney General, including a link to the pub- licly available best practices identified under subsection (b)(1)(B) and the replica- tion guides and training materials created or compiled under such subsection; and (C) with respect to the report by the Fed- eral Trade Commission, in relevant years, including information on— (i) the newly created materials, guid- ance, or recommendations of the Senior Scams Prevention Advisory Group estab- lished under section 112 of the Stop Senior Scams Act and any relevant views or con- siderations made by members of the Advi- sory Group that were not included in the Advisory Group’s model materials or con- sidered an official recommendation by the Advisory Group; (ii) the Senior Scams Prevention Advi- sory Group’s findings about senior scams and industry educational materials and programs; and (iii) any recommendations on ways stakeholders can continue to work to- gether to reduce scams affecting seniors. (d) Use of appropriated funds No additional funds are authorized to be ap- propriated to carry out this section. (Pub. L. 115–70, title I, § 101, Oct. 18, 2017, 131 Stat. 1209; Pub. L. 116–252, §§ 2(a), 3(a), Dec. 22, 2020, 134 Stat. 1133, 1134; Pub. L. 117–103, div. Q, title I, § 112(e), Mar. 15, 2022, 136 Stat. 811.) AMENDMENT OF SECTION For repeal of amendment by Pub. L. 107–103, see Termination Date of 2022 Amendment note below. Editorial Notes REFERENCES IN TEXT Section 112 of the Stop Senior Scams Act, referred to in subsec. (c)(2)(C), is section 112 of Pub. L. 117–103, div. Q, title I, Mar. 15, 2022, 136 Stat. 809, which amended this section and enacted provisions set out as notes under this section and section 45e of Title 15, Com- merce and Trade. AMENDMENTS 2022—Subsec. (c)(2)(C). Pub. L. 117–103, § 112(e), (f), temporarily added subpar. (C). See Termination Date of 2022 Amendment note below. 2020—Subsec. (b). Pub. L. 116–252, § 2(a)(1)–(3), des- ignated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1), redesignated former subpars. (A) to (C) of par. (2) as clauses (i) to (iii), re- spectively, of par. (1)(B), and realigned margins. Subsec. (b)(1)(B)(ii). Pub. L. 116–252, § 2(a)(4)(A), in- serted ‘‘, including witnesses who have Alzheimer’s dis- ease and related dementias’’ after ‘‘other legal issues’’. Subsec. (b)(1)(B)(iii). Pub. L. 116–252, § 2(a)(4)(B), sub- stituted ‘‘elder abuse cases (including victims and wit- nesses who have Alzheimer’s disease and related de- mentias),’’ for ‘‘elder abuse cases,’’. Subsec. (b)(2). Pub. L. 116–252, § 2(a)(5), added par. (2). Subsec. (c)(2). Pub. L. 116–252, § 3(a), substituted ‘‘a re- port—’’ for ‘‘a report’’ in introductory provisions, des- ignated remainder of provisions as subpar. (A), redesig- nated former subpars. (A) to (D) as cls. (i) to (iv), re- spectively, of subpar. (A) and realigned margins, and added subpar. (B). Statutory Notes and Related Subsidiaries TERMINATION OF 2022 AMENDMENT Pub. L. 117–103, div. Q, title I, § 112(f), Mar. 15, 2022, 136 Stat. 811, provided that: ‘‘This subtitle [subtitle A of title I of div. Q of Pub. L. 117–103, amending this section and enacting provisions set out as notes under this sec- tion and sections 45e and 58 of Title 15, Commerce and Trade], and the amendments made by this subtitle, ceases to be effective on the date that is 5 years after the date of enactment of this Act [Mar. 15, 2022].’’ EFFECTIVE DATE AND APPLICABILITY OF 2020 AMENDMENT Pub. L. 116–252, § 2(b), Dec. 22, 2020, 134 Stat. 1134, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall— ‘‘(1) take effect on the date of enactment of this Act [Dec. 22, 2020]; and ‘‘(2) apply on and after the date that is 1 year after the date of enactment of this Act.’’ Pub. L. 116–252, § 3(b), Dec. 22, 2020, 134 Stat. 1134, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to the report under section 101(c)(2) of the Elder Abuse Pre- vention and Prosecution Act (34 U.S.C. 21711(c)(2)) sub- mitted during the second year beginning after the date of enactment of this Act [Dec. 22, 2020], and each year thereafter.’’ SUBCHAPTER II—IMPROVED DATA COLLEC- TION AND FEDERAL COORDINATION § 21721. Establishment of best practices for local, State, and Federal data collection (a) In general The Attorney General, in consultation with Federal, State, and local law enforcement agen- cies, shall— (1) establish best practices for data collec- tion to focus on elder abuse; and (2) provide technical assistance to State, local, and tribal governments in adopting the best practices established under paragraph (1).