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42 U.S.C. § 1397kElder Justice Coordinating Council

submitted 91 years ago by Pub. L. 111-148 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 565 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section establishes the Elder Justice Coordinating Council. It sets the Council’s membership, duties, meeting schedule, reports, powers, expenses, and funding authority.

(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) Generally The Council must 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) Requirement Each member of the Council must be an officer or employee of the Federal Government. (c) Vacancies Any vacancy in the Council must not affect its powers, but must be filled in the same manner as the original appointment was made. (d) Chair The member described in subsection (b)(1)(A) must be Chair of the Council. (e) Meetings The Council must meet at least 2 times per year, as determined by the Chair. (f) Duties (1) Generally The Council must 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) Report Not later than the date that is 2 years after March 23, 2010, and every 2 years thereafter, the Council must 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) 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 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 must 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 must not receive compensation for the performance of services for the Council. The members must 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) Detail of Government employees Any Federal Government employee may be detailed to the Council without reimbursement, and such detail must be without interruption or loss of civil service status or privilege. (j) Status as permanent Council Section 1013 of title 5 must 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.
the actual law source: uscode.house.gov ↗public domain
(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 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) Requirement

Each member of the Council shall be an officer 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 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) 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 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) 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 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) 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 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) Detail of Government employees

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) 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1935Enacted · Pub. L. 111-148 · 124 Stat. 786
  • 2022Amended · Pub. L. 117-286 · 136 Stat. 4334

A history note hasn’t been published yet. The record shows enactment by Pub. L. 111-148 on 1935-08-14.

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