Title 42The Public Health and WelfareRelease 119-73

§1397k Elder Justice Coordinating Council

Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER XX— - BLOCK GRANTS AND PROGRAMS FOR SOCIAL SERVICES AND ELDER JUSTICE › Part Part I— - National Coordination of Elder Justice Activities and Research › Subpart subpart a— - elder justice coordinating council and advisory board on elder abuse, neglect, and exploitation › § 1397k

Last updated Apr 6, 2026|Official source

Summary

Creates an Elder Justice Coordinating Council inside the Office of the Secretary. The Secretary (or a designee) is the Chair. The Attorney General (or a designee) and heads of federal departments or agencies the Chair names that have duties about elder abuse, neglect, or exploitation are members. Members must be federal officers or employees. Vacancies do not stop the Council and are filled the same way as the original appointments. The Chair schedules at least two meetings a year. The Council must give the Secretary recommendations to coordinate HHS, the Department of Justice, and other federal, state, local, and private groups working on elder abuse, neglect, exploitation, and other crimes against older people. Not later than 2 years after March 23, 2010, and every 2 years after that, the Council must send a report to the Senate Finance Committee and the House Ways and Means and Energy and Commerce Committees describing its work, achievements, challenges, and any recommended laws or actions. Under section 1397j–1(a), the Council can request information from federal agencies and may use the U.S. mail. Members are not paid for Council work but may get travel and per diem at standard federal rates, and the Secretary may accept voluntary unpaid services. Federal employees may be detailed to the Council without reimbursement and without losing civil service status. Section 1013 of title 5 does not apply. Funds as needed may be appropriated.

Full Legal Text

Title 42, §1397k

The Public Health and Welfare — Source: USLM XML via OLRC

(a)There is established within the Office of the Secretary an Elder Justice Coordinating Council (in this section referred to as the “Council”).
(b)(1)The Council shall be composed of the following members:
(A)The Secretary (or the Secretary’s designee).
(B)The Attorney General (or the Attorney General’s designee).
(C)The head of each Federal department or agency or other governmental entity identified by the Chair referred to in subsection (d) as having responsibilities, or administering programs, relating to elder abuse, neglect, and exploitation.
(2)Each member of the Council shall be an officer or employee of the Federal Government.
(c)Any vacancy in the Council shall not affect its powers, but shall be filled in the same manner as the original appointment was made.
(d)The member described in subsection (b)(1)(A) shall be Chair of the Council.
(e)The Council shall meet at least 2 times per year, as determined by the Chair.
(f)(1)The Council shall make recommendations to the Secretary for the coordination of activities of the Department of Health and Human Services, the Department of Justice, and other relevant Federal, State, local, and private agencies and entities, relating to elder abuse, neglect, and exploitation and other crimes against elders.
(2)Not later than the date that is 2 years after March 23, 2010, and every 2 years thereafter, the Council shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a report that—
(A)describes the activities and accomplishments of, and challenges faced by—
(i)the Council; and
(ii)the entities represented on the Council; and
(B)makes such recommendations for legislation, model laws, or other action as the Council determines to be appropriate.
(g)(1)Subject to the requirements of section 1397j–1(a) of this title, the Council may secure directly from any Federal department or agency such information as the Council considers necessary to carry out this section. Upon request of the Chair of the Council, the head of such department or agency shall furnish such information to the Council.
(2)The Council may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.
(h)The members of the Council shall not receive compensation for the performance of services for the Council. The members shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away from their homes or regular places of business in the performance of services for the Council. Notwithstanding section 1342 of title 31, the Secretary may accept the voluntary and uncompensated services of the members of the Council.
(i)Any Federal Government employee may be detailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(j)Section 1013 of title 5 shall not apply to the Council.
(k)There are authorized to be appropriated such sums as are necessary to carry out this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (j). Pub. L. 117–286 substituted “Section 1013 of title 5” for “section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)”.

Reference

Citations & Metadata

Citation

42 U.S.C. § 1397k

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73