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18 U.S.C. § 3122 (CRIMES AND CRIMINAL PROCEDURE)
§ 3122. Application for an order for a pen register or a trap and trace device
(a) Application.—
(1) An attorney for the Government may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction.
(2) Unless prohibited by State law, a State investigative or law enforcement officer may make application for an order or an extension of an order under section 3123 of this title authorizing or approving the installation and use of a pen register or a trap and trace device under this chapter, in writing under oath or equivalent affirmation, to a court of competent jurisdiction of such State.
(b) Contents of Application.—
An application under subsection (a) of this section shall include—
(1) the identity of the attorney for the Government or the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and
(2) a certification by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
(Added Pub. L. 99–508, title III, § 301(a), Oct. 21, 1986, 100 Stat. 1869.)
heading: Effective Date
text: Section effective 90 days after Oct. 21, 1986, and, in case of conduct pursuant to court order or extension, applicable only with respect to court orders and extensions made after such date, with special rule for State authorizations of interceptions, see section 302 of Pub. L. 99–508, set out as a note under section 3121 of this title.
18 U.S.C. § 3522 (CRIMES AND CRIMINAL PROCEDURE)
§ 3522. Probationers and parolees
(a) A probation officer may, upon the request of the Attorney General, supervise any person provided protection under this chapter who is on probation or parole under State law, if the State involved consents to such supervision. Any person so supervised shall be under Federal jurisdiction during the period of supervision and shall, during that period be subject to all laws of the United States which pertain to probationers or parolees, as the case may be.
(b) The failure by any person provided protection under this chapter who is supervised under subsection (a) to comply with the memorandum of understanding entered into by that person pursuant to section 3521(d) of this title shall be grounds for the revocation of probation or parole, as the case may be.
(c) The United States Parole Commission and the Chairman of the Commission shall have the same powers and duties with respect to a probationer or parolee transferred from State supervision pursuant to this section as they have with respect to an offender convicted in a court of the United States and paroled under chapter 311 1 of this title. The provisions of sections 4201 through 4204, 4205(a), (e), and (h), 4206 through 4215, and 4218 1 of this title shall apply following a revocation of probation or parole under this section.
(d) If a person provided protection under this chapter who is on probation or parole and is supervised under subsection (a) of this section has been ordered by the State court which imposed sentence on the person to pay a sum of money to the victim of the offense involved for damage caused by the offense, that penalty or award of damages may be enforced as though it were a civil judgment rendered by a United States district court. Proceedings to collect the moneys ordered to be paid may be instituted by the Attorney General in any United States district court. Moneys recovered pursuant to such proceedings shall be distributed to the victim.
(Added Pub. L. 98–473, title II, § 1208, Oct. 12, 1984, 98 Stat. 2157; amended Pub. L. 99–646, § 75, Nov. 10, 1986, 100 Stat. 3618; Pub. L. 100–690, title VII, § 7072(b), Nov. 18, 1988, 102 Stat. 4405.)
heading: References in Text
text: Chapter 311 of this title, referred to in subsec. (c), which consisted of sections 4201 to 4218 of this title, was repealed effective Nov. 1, 1987, by Pub. L. 98–473, title II, §§ 218(a)(5), 235(a)(1), (b)(1), Oct. 12, 1984, 98 Stat. 2027, 2031, 2032, subject to remaining effective for five years after Nov. 1, 1987, in certain circumstances.
heading: Amendments
text: 1988—Subsec. (c). Pub. L. 100–690 substituted “4215” for “4216”.
1986—Subsec. (a). Pub. L. 99–646 substituted “probationers or parolees, as the case may be” for “parolees”.
heading: Effective Date
text: Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title.
18 U.S.C. § 3526 (CRIMES AND CRIMINAL PROCEDURE)
§ 3526. Cooperation of other Federal agencies and State governments; reimbursement of expenses
(a) Each Federal agency shall cooperate with the Attorney General in carrying out the provisions of this chapter and may provide, on a reimbursable basis, such personnel and services as the Attorney General may request in carrying out those provisions.
(b) In any case in which a State government requests the Attorney General to provide protection to any person under this chapter—
(1) the Attorney General may enter into an agreement with that State government in which that government agrees to reimburse the United States for expenses incurred in providing protection to that person under this chapter; and
(2) the Attorney General shall enter into an agreement with that State government in which that government agrees to cooperate with the Attorney General in carrying out the provisions of this chapter with respect to all persons.
(Added Pub. L. 98–473, title II, § 1208, Oct. 12, 1984, 98 Stat. 2162.)
heading: Effective Date
text: Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title.
18 U.S.C. § 3527 (CRIMES AND CRIMINAL PROCEDURE)
§ 3527. Additional authority of Attorney General
The Attorney General may enter into such contracts or other agreements as may be necessary to carry out this chapter. Any such contract or agreement which would result in the United States being obligated to make outlays may be entered into only to the extent and in such amount as may be provided in advance in an appropriation Act.
(Added Pub. L. 98–473, title II, § 1208, Oct. 12, 1984, 98 Stat. 2163.)
heading: Effective Date
text: Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title.
18 U.S.C. § 3528 (CRIMES AND CRIMINAL PROCEDURE)
§ 3528. Definition
For purposes of this chapter, the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
(Added Pub. L. 98–473, title II, § 1208, Oct. 12, 1984, 98 Stat. 2163.)
heading: Effective Date
text: Section effective Oct. 1, 1984, see section 1210 of Pub. L. 98–473, set out as a note under section 3521 of this title.
34 U.S.C. § 21701 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 21701. Definitions
In this chapter—
(1) the terms “abuse”, “adult protective services”, “elder”, “elder justice”, “exploitation”, “law enforcement”, and “neglect” have the meanings given those terms in section 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 several 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.)
heading: References in Text
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.
34 U.S.C. § 21721 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 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 agencies, shall—
(1) establish best practices for data collection 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).
(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.)
34 U.S.C. § 21722 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 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 related 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 targeted directly toward or largely affected elders; 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 additional 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 initiated 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 description of such scheme or scam giving rise to the elder abuse;
(E) information about each alleged perpetrator 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 Attorney General statistical data collected by the Secretary relating to elder abuse cases investigated 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 identifiable data.
(Pub. L. 115–70, title II, § 202, Oct. 18, 2017, 131 Stat. 1211.)
34 U.S.C. § 21731 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 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 Committee on the Judiciary of the House of Representatives 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, victims’ compensation, and discretionary grants under which elder abuse victims (including elder victims of financial abuse, financial exploitation, 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.)
heading: References in Text
text: The Victims of Crime Act of 1984, referred to in subsec. (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.
34 U.S.C. § 21741 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 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 Coordinating Council (established under section 1397k of title 42), shall create, compile, evaluate, and disseminate materials and information, and provide the necessary training and technical assistance, to assist States and units of local government in—
(1) investigating, prosecuting, pursuing, preventing, understanding, and mitigating the impact of—
(A) physical, sexual, and psychological abuse of elders;
(B) exploitation of elders, including financial abuse and scams targeting elders; and
(C) neglect of elders; and
(2) assessing, addressing, and mitigating the physical and psychological trauma to victims of elder abuse.
(Pub. L. 115–70, title IV, § 403, Oct. 18, 2017, 131 Stat. 1214.)
34 U.S.C. § 21742 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 21742. Interstate initiatives
(a) Interstate agreements and compacts
The consent of Congress is given to any two or more States (acting through State agencies with jurisdiction over adult protective services) to enter into agreements or compacts for cooperative effort and mutual assistance—
(1) in promoting the safety and well-being of elders; and
(2) in enforcing their respective laws and policies to promote such safety and well-being.
(b) Recommendations on interstate communication
The Executive Director of the State Justice Institute, in consultation with State or local adult protective services, aging, social, and human services and law enforcement agencies, nationally recognized nonprofit associations with expertise in data sharing among criminal justice agencies and familiarity with the issues raised in elder abuse cases, and the Secretary of Health and Human Services, shall submit to Congress legislative proposals relating to the facilitation of interstate agreements and compacts.
(Pub. L. 115–70, title IV, § 404, Oct. 18, 2017, 131 Stat. 1215.)
34 U.S.C. § 21752 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 21752. Best practices and model legislation for guardianship proceedings
The Attorney General shall publish best practices for improving guardianship proceedings and model legislation relating to guardianship proceedings for the purpose of preventing elder abuse.
(Pub. L. 115–70, title V, § 505, Oct. 18, 2017, 131 Stat. 1217.)
42 U.S.C. § 280c–1 (THE PUBLIC HEALTH AND WELFARE)
§ 280c–1. Limitation on duration of grant and requirement of matching funds
(a) Limitation on duration of grant
The period during which payments are made to a State from a grant under section 280c(a) of this title may not exceed 3 years. Such payments shall be subject to annual evaluation by the Secretary.
(b) Requirement of matching funds
(1)
(A) For the first year of payments to a State from a grant under section 280c(a) of this title, the Secretary may not make such payments in an amount exceeding 75 percent of the costs of services to be provided by the State pursuant to such section.
(B) For the second year of such payments to a State, the Secretary may not make such payments in an amount exceeding 65 percent of the costs of such services.
(C) For the third year of such payments to a State, the Secretary may not make such payments in an amount exceeding 55 percent of the costs of such services.
(2) The Secretary may not make a grant under section 280c(a) of this title to a State unless the State agrees to make available, directly or through donations from public or private entities, non-Federal contributions toward the costs of services to be provided pursuant to such section in an amount equal to—
(A) for the first year of payments to the State from the grant, not less than $25 (in cash or in kind under subsection (c)) for each $75 of Federal funds provided in the grant;
(B) for the second year of such payments to the State, not less than $35 (in cash or in kind under subsection (c)) for each $65 of such Federal funds; and
(C) for the third year of such payments to the State, not less than $45 (in cash or in kind under subsection (c)) for each $55 of such Federal funds.
(c) Determination of amount of non-Federal contribution
Non-Federal contributions required in subsection (b) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
(July 1, 1944, ch. 373, title III, § 396, as added Pub. L. 100–175, title VI, § 602, Nov. 29, 1987, 101 Stat. 979.)
heading: Prior Provisions
text: A prior section 396 of act July 1, 1944, ch. 373, title III, formerly § 398, as added Oct. 22, 1965, Pub. L. 89–291, § 2, 79 Stat. 1065; renumbered § 397 and amended Mar. 13, 1970, Pub. L. 91–212, §§ 2(f), 7, 10(c)(3), (d)(2)(A), 84 Stat. 63, 65, 67; June 18, 1973, Pub. L. 93–45, title I, § 107(e), 87 Stat. 92; renumbered § 396 and amended July 23, 1974, Pub. L. 93–353, title II, §§ 202(e), (f), 203(d), 204, 88 Stat. 372, 373, which related to grants for establishment of regional medical libraries, was classified to section 280b–8 of this title, prior to repeal by Pub. L. 99–158, § 3(b), Nov. 20, 1985, 99 Stat. 879.
heading: Effective Date
text: Section effective Oct. 1, 1987, see section 701(a) of Pub. L. 100–175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.
42 U.S.C. § 280c–4 (THE PUBLIC HEALTH AND WELFARE)
§ 280c–4. Requirement of matching funds
(a) Requirement of matching funds
(1)
(A) For the first year of payments to a State from a grant under section 280c–3(a) of this title, the Secretary may not make such payments in an amount exceeding 75 percent of the costs of services to be provided by the State pursuant to such section.
(B) For the second year of such payments to a State, the Secretary may not make such payments in an amount exceeding 65 percent of the costs of such services.
(C) For the third or subsequent year of such payments to a State, the Secretary may not make such payments in an amount exceeding 55 percent of the costs of such services.
(2) The Secretary may not make a grant under section 280c–3(a) of this title to a State unless the State agrees to make available, directly or through donations from public or private entities, non-Federal contributions toward the costs of services to be provided pursuant to such section in an amount equal to—
(A) for the first year of payments to the State from the grant, not less than $25 (in cash or in kind under subsection (c) 1 ) for each $75 of Federal funds provided in the grant;
(B) for the second year of such payments to the State, not less than $35 (in cash or in kind under subsection (c) 1 ) for each $65 of such Federal funds; and
(C) for the third or subsequent year of such payments to the State, not less than $45 (in cash or in kind under subsection (c) 1 ) for each $55 of such Federal funds.
(b) Determination of amount of non-Federal contribution
Non-Federal contributions required in subsection (b) 2 may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.
(July 1, 1944, ch. 373, title III, § 398A, formerly § 399, as added Pub. L. 100–175, title VI, § 602, Nov. 29, 1987, 101 Stat. 982; renumbered § 398A, Pub. L. 102–321, title V, § 502(1), July 10, 1992, 106 Stat. 427; amended Pub. L. 105–392, title III, § 302(b), Nov. 13, 1998, 112 Stat. 3586.)
heading: Amendments
text: 1998—Pub. L. 105–392, § 302(b)(1), substituted “Requirement of matching funds” for “Limitation on duration of grant and requirement of matching funds” in section catchline.
Subsec. (a). Pub. L. 105–392, § 302(b)(2)–(4), redesignated subsec. (b) as (a), substituted “third or subsequent year” for “third year” in pars. (1)(C) and (2)(C), and struck out heading and text of former subsec. (a). Text read as follows: “The period during which payments are made to a State from a grant under section 280c–3(a) of this title may not exceed 3 years. Such payments shall be subject to annual evaluation by the Secretary.”
Subsecs. (b), (c). Pub. L. 105–392, § 302(b)(3), redesignated subsecs. (b) and (c) as (a) and (b), respectively.
heading: Effective Date
text: Section effective Oct. 1, 1987, see section 701(a) of Pub. L. 100–175, set out as an Effective Date of 1987 Amendment note under section 3001 of this title.