42 U.S.C. § 1397k — Elder Justice Coordinating Council

Page 4437 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1397k–1 (3) may be unambiguously deduced from the elder’s life history. (Aug. 14, 1935, ch. 531, title XX, § 2012, as added Pub. L. 111–148, title VI, § 6703(a)(1)(C), Mar. 23, 2010, 124 Stat. 785.) Editorial Notes REFERENCES IN TEXT Section 264(c) of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (a), is section 264(c) of Pub. L. 104–191, which is set out as a note under section 1320d–2 of this title. PART I—NATIONAL COORDINATION OF ELDER JUSTICE ACTIVITIES AND RESEARCH SUBPART A—ELDER JUSTICE COORDINATING COUN- CIL AND ADVISORY BOARD ON ELDER ABUSE, NE- GLECT, AND EXPLOITATION § 1397k. Elder Justice Coordinating Council (a) Establishment There is established within the Office of the Secretary an Elder Justice Coordinating Council (in this section referred to as the ‘‘Council’’). (b) Membership (1) In general The Council shall be composed of the fol- lowing members: (A) The Secretary (or the Secretary’s des- ignee). (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 sub- section (d) as having responsibilities, or ad- ministering programs, relating to elder abuse, neglect, and exploitation. (2) Requirement Each member of the Council shall be an offi- cer or employee of the Federal Government. (c) Vacancies 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) Chair The member described in subsection (b)(1)(A) shall be Chair of the Council. (e) Meetings The Council shall meet at least 2 times per year, as determined by the Chair. (f) Duties (1) In general The Council shall make recommendations to the Secretary for the coordination of activi- ties 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) Report 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 En- ergy and Commerce of the House of Represent- atives a report that— (A) describes the activities and accom- plishments of, and challenges faced by— (i) the Council; and (ii) the entities represented on the Coun- cil; and (B) makes such recommendations for legis- lation, model laws, or other action as the Council determines to be appropriate. (g) Powers of the Council (1) Information from Federal agencies Subject to the requirements of section 1397j–1(a) of this title, the Council may secure directly from any Federal department or agen- cy such information as the Council considers necessary to carry out this section. Upon re- quest of the Chair of the Council, the head of such department or agency shall furnish such information to the Council. (2) Postal services 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) Travel expenses The members of the Council shall not receive compensation for the performance of services for the Council. The members shall be allowed trav- el expenses, including per diem in lieu of sub- sistence, 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) Detail of Government employees Any Federal Government employee may be de- tailed to the Council without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (j) Status as permanent Council Section 1013 of title 5 shall not apply to the Council. (k) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. (Aug. 14, 1935, ch. 531, title XX, § 2021, as added Pub. L. 111–148, title VI, § 6703(a)(1)(C), Mar. 23, 2010, 124 Stat. 786; amended Pub. L. 117–286, § 4(a)(256), Dec. 27, 2022, 136 Stat. 4334.) 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.)’’. § 1397k–1. Advisory Board on Elder Abuse, Ne- glect, and Exploitation (a) Establishment There is established a board to be known as the ‘‘Advisory Board on Elder Abuse, Neglect,