34 U.S.C. § 21721 — Establishment of best practices for local,

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). Page 548 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 21722 1 See References in Text note below. (b) Deadline Not later than 1 year after October 18, 2017, the Attorney General shall publish the best practices established under subsection (a)(1) on the website of the Department of Justice in a publicly accessible manner. (c) Limitation Nothing in this section shall be construed to require or obligate compliance with the best practices established under subsection (a)(1). (Pub. L. 115–70, title II, § 201, Oct. 18, 2017, 131 Stat. 1211.) § 21722. Effective interagency coordination and Federal data collection (a) In general The Attorney General, in consultation with the Secretary of Health and Human Services shall, on an annual basis— (1) collect from Federal law enforcement agencies, other agencies as appropriate, and Federal prosecutors’ offices statistical data re- lated to elder abuse cases, including cases or investigations where one or more victims were elders, or the case or investigation involved a financial scheme or scam that was either tar- geted directly toward or largely affected el- ders; and (2) publish on the website of the Department of Justice in a publicly accessible manner— (A) a summary of the data collected under paragraph (1); and (B) recommendations for collecting addi- tional data relating to elder abuse, including recommendations for ways to improve data reporting across Federal, State, and local agencies. (b) Requirement The data collected under subsection (a)(1) shall include— (1) the total number of investigations initi- ated by Federal law enforcement agencies, other agencies as appropriate, and Federal prosecutors’ offices related to elder abuse; (2) the total number and types of elder abuse cases filed in Federal courts; and (3) for each case described in paragraph (2)— (A) the name of the district where the case originated; (B) the style of the case, including the case name and number; (C) a description of the act or acts giving rise to the elder abuse; (D) in the case of a scheme or scam, a de- scription of such scheme or scam giving rise to the elder abuse; (E) information about each alleged perpe- trator of the elder abuse; and (F) the outcome of the case. (c) HHS requirement The Secretary of Health and Human Services shall, on an annual basis, provide to the Attor- ney General statistical data collected by the Secretary relating to elder abuse cases inves- tigated by adult protective services, which shall be included in the summary published under subsection (a)(2). (d) Prohibition on individual data None of the information reported under this section shall include specific individually identi- fiable data. (Pub. L. 115–70, title II, § 202, Oct. 18, 2017, 131 Stat. 1211.) SUBCHAPTER III—ENHANCED VICTIM ASSISTANCE TO ELDER ABUSE SURVIVORS § 21731. Report (a) In general Not later than 1 year after the date on which the collection of statistical data under section 21722(a)(1) of this title begins and once each year thereafter, the Director of the Office for Victims of Crime shall submit a report to the Committee on the Judiciary of the Senate and the Com- mittee on the Judiciary of the House of Rep- resentatives that addresses, to the extent data are available, the nature, extent, and amount of funding under the Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) 1 for victims of crime who are elders. (b) Contents The report required under subsection (a) shall include— (1) an analysis of victims’ assistance, vic- tims’ compensation, and discretionary grants under which elder abuse victims (including elder victims of financial abuse, financial ex- ploitation, and fraud) received assistance; and (2) recommendations for improving services for victims of elder abuse. (Pub. L. 115–70, title III, § 302, Oct. 18, 2017, 131 Stat. 1212.) Editorial Notes REFERENCES IN TEXT The Victims of Crime Act of 1984, referred to in sub- sec. (a), is chapter XIV of title II of Pub. L. 98–473, Oct. 12, 1984, 98 Stat. 2170, which was classified principally to chapter 112 (§ 10601 et seq.) of Title 42, The Public Health and Welfare, prior to editorial reclassification as chapter 201 (§ 20101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1984 Act note set out under section 10101 of this title and Tables. SUBCHAPTER IV—ROBERT MATAVA ELDER ABUSE PROSECUTION ACT OF 2017 § 21741. Training and technical assistance for States The Attorney General, in consultation with the Secretary of Health and Human Services and in coordination with the Elder Justice Coordi- nating Council (established under section 1397k of title 42), shall create, compile, evaluate, and disseminate materials and information, and pro- vide the necessary training and technical assist- ance, to assist States and units of local govern- ment in— (1) investigating, prosecuting, pursuing, pre- venting, understanding, and mitigating the impact of—