Title 42The Public Health and WelfareRelease 119-73not60

§1397k Elder Justice Coordinating Council

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

Last updated Apr 5, 2026|Official source

Summary

Creates an Elder Justice Coordinating Council inside the Office of the Secretary. The Council must include the Secretary (or the Secretary’s designee) as Chair, the Attorney General (or the Attorney General’s designee), and the heads of federal departments or agencies that deal with elder abuse, neglect, or exploitation. Members must be federal officers or employees. Vacancies do not stop the Council and must be filled the same way as the original appointment. The Chair must call at least two meetings each year. The Council must make recommendations to the Secretary to coordinate HHS, DOJ, and other federal, state, local, and private efforts on elder abuse, neglect, exploitation, and other crimes against elders. The Council may get needed information from federal agencies, subject to the requirements of section 1397j–1(a), and may use the U.S. mail. Not later than 2 years after March 23, 2010, and every 2 years after that, the Council must send a report 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. The report must describe the Council’s and its members’ activities, accomplishments, and challenges, and give any recommendations for laws, model laws, or other actions. Council members do not get pay for their service but may receive travel expenses and per diem at rates authorized for federal employees. The Secretary may accept voluntary unpaid services despite section 1342 of title 31. Federal employees may be detailed to the Council without reimbursement and without losing their civil service status. Section 1013 of title 5 does not apply to the Council. Money as needed may be appropriated to run the Council.

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 5, 2026

Release point: 119-73not60