§5102. Advisory Board on Child Abuse and Neglect

(a) Appointment

The Secretary shall appoint an advisory board to be known as the Advisory Board on Child Abuse and Neglect.

(b) Solicitation of nominations

The Secretary shall publish a notice in the Federal Register soliciting nominations for the appointments required by subsection (a) of this section.

(c) Composition of board

(1) Number of members

The board shall consist of 15 members, each of which shall be a person who is recognized for expertise in an aspect of the area of child abuse, of which-

(A) 2 shall be members of the task force established under section 5103 of this title; and

(B) 13 shall be members of the general public and may not be Federal employees.

(2) Representation

The Secretary shall appoint members from the general public under paragraph (1)(B) who are individuals knowledgeable in child abuse and neglect prevention, intervention, treatment, or research, and with due consideration to representation of ethnic or racial minorities and diverse geographic areas, and who represent-

(A) law (including the judiciary);

(B) psychology (including child development);

(C) social services (including child protective services);

(D) medicine (including pediatrics);

(E) State and local government;

(F) organizations providing services to disabled persons;

(G) organizations providing services to adolescents;

(H) teachers;

(I) parent self-help organizations;

(J) parents' groups; and

(K) voluntary groups.

(3) Terms of office

(A) Except as otherwise provided in this subsection, members shall be appointed for terms of office of 4 years.

(B) Of the members of the board from the general public first appointed under subsection (a) of this section-

(i) 4 shall be appointed for terms of office of 2 years;

(ii) 4 shall be appointed for terms of office of 3 years; and

(iii) 5 shall be appointed for terms of office of 4 years,

as determined by the members from the general public during the first meeting of the board.

(C) No member of the board appointed under subsection (a) of this section shall be eligible to serve in excess of two consecutive terms, but may continue to serve until such member's successor is appointed.

(4) Vacancies

Any member of the board appointed under subsection (a) of this section to fill a vacancy occurring before the expiration of the term to which such member's predecessor was appointed shall be appointed for the remainder of such term. If the vacancy occurs prior to the expiration of the term of a member of the board appointed under subsection (a) of this section, a replacement shall be appointed in the same manner in which the original appointment was made.

(5) Removal

No member of the board may be removed during the term of office of such member except for just and sufficient cause.

(d) Election of officers

The board shall elect a chairperson and vice-chairperson at its first meeting from among the members from the general public.

(e) Meetings

The board shall meet not less than twice a year at the call of the chairperson. The chairperson, to the maximum extent practicable, shall coordinate meetings of the board with receipt of reports from the task force under section 5103(f) of this title.

(f) Duties

The board shall-

(1) annually submit to the Secretary and the appropriate committees of Congress a report containing-

(A) recommendations on coordinating Federal child abuse and neglect activities to prevent duplication and ensure efficient allocations of resources and program effectiveness; and

(B) recommendations as to carrying out the purposes of this subchapter and subchapters III and V of this chapter;

(2) annually submit to the Secretary and the Director a report containing long-term and short-term recommendations on-

(A) programs;

(B) research;

(C) grant and contract needs;

(D) areas of unmet needs; and

(E) areas to which the Secretary should provide grant and contract priorities under sections 5105 and 5106 of this title;

(3) annually review the budget of the Center and submit to the Director a report concerning such review; and

(4) not later than 24 months after May 28, 1992, submit to the Secretary and the appropriate committees of the Congress a report containing the recommendations of the Board with respect to-

(A) a national policy designed to reduce and ultimately to prevent child and youth maltreatment-related deaths, detailing appropriate roles and responsibilities for State and local governments and the private sector;

(B) specific changes needed in Federal laws and programs to achieve an effective Federal role in the implementation of the policy specified in subparagraph (A); and

(C) specific changes needed to improve national data collection with respect to child and youth maltreatment-related deaths.

(g) Compensation

(1) In general

Except as provided in paragraph (3), members of the board, other than those regularly employed by the Federal Government, while serving on business of the board, may receive compensation at a rate not in excess of the daily equivalent payable to a GS–18 employee under section 5332 of title 5, including traveltime.

(2) Travel

Except as provided in paragraph (3), members of the board, while serving on business of the board away from their homes or regular places of business, may be allowed travel expenses (including per diem in lieu of subsistence) as authorized by section 5703 of title 5 for persons in the Government service employed intermittently.

(3) Restriction

The Director may not compensate a member of the board under this section if the member is receiving compensation or travel expenses from another source while serving on business of the board.

(h) Authorization of appropriations

There are authorized to be appropriated to carry out this section, $1,000,000 for fiscal year 1992, and such sums as may be necessary for each of the fiscal years 1993 through 1995.

( Pub. L. 93–247, title I, §102, formerly §3, Jan. 31, 1974, 88 Stat. 5 ; Pub. L. 95–266, title I, §102, Apr. 24, 1978, 92 Stat. 206 ; Pub. L. 98–457, title I, §§102, 121, Oct. 9, 1984, 98 Stat. 1750 , 1752; Pub. L. 100–294, title I, §101, Apr. 25, 1988, 102 Stat. 103 ; renumbered title I, §102, and amended Pub. L. 101–126, §3(a)(1), (2), (b)(1), Oct. 25, 1989, 103 Stat. 764 ; Pub. L. 102–295, title I, §111, May 28, 1992, 106 Stat. 190 .)

Codification

May 28, 1992, referred to in subsec. (f)(4), was in the original "the date of the enactment of the Child Abuse Programs, Adoption Opportunities, and Family Violence Prevention Amendments Act of 1992", which was translated as meaning the date of enactment of Pub. L. 102–295, known as the Child Abuse, Domestic Violence, Adoption and Family Services Act of 1992, which enacted subsec. (f)(4), to reflect the probable intent of Congress.

Amendments

1992-Subsec. (f)(4). Pub. L. 102–295, §111(a), added par. (4).

Subsec. (h). Pub. L. 102–295, §111(b), added subsec. (h).

1989-Subsecs. (c)(1)(A), (e), (f)(2)(E). Pub. L. 101–126, §3(b)(1), made technical amendments to references to sections 5103, 5105, and 5106 of this title to reflect renumbering of corresponding sections of original act.

1988-Pub. L. 100–294 amended section generally, substituting provisions relating to Advisory Board on Child Abuse and Neglect for provisions relating to definitions. See section 5106g of this title.

1984-Cl. (1). Pub. L. 98–457, §121(1), designated provisions after opening phrase as cl. (1).

Pub. L. 98–457, §102(1), inserted "(including any employee of a residential facility or any staff person providing out-of-home care)".

Cl. (2). Pub. L. 98–457, §102(2), (3), added cl. (2).

Cl. (3). Pub. L. 98–457, §121(2), (3), added cl. (3).

1978-Pub. L. 95–266 inserted "or exploitation" after "sexual abuse" and ", or the age specified by the child protection law of the State in question," after "eighteen".

Effective Date of 1989 Amendment

Section 8 of Pub. L. 101–126 provided that: "This Act and the amendments made by this Act [see Short Title of 1989 Amendment note set out under section 5101 of this title] shall take effect October 1, 1989, or upon the date of the enactment of this Act [Oct. 25, 1989], whichever occurs later."

Effective Date of 1984 Amendment

Section 128 of Pub. L. 98–457 provided that:

"(a) Except as provided in subsection (b), the provisions of this part or any amendment made by this part [part B (§§121–128) of title I of Pub. L. 98–457, amending this section and section 5103 of this title and enacting provisions set out as notes under sections 5101 and 5103 of this title] shall be effective on the date of the enactment of this Act [Oct. 9, 1984].

"(b)(1) Except as provided in paragraph (2), the amendments made by sections 122 and 123(b) of this Act [amending section 5103 of this title] shall become effective one year after the date of such enactment [Oct. 9, 1984].

"(2) In the event that, prior to such effective date, funds have not been appropriated pursuant to section 5 of the Act (as amended by section 104 of this Act) [section 5104 of this title] for the purpose of grants under section 4(c)(1) of the Act (as added by section 123(a) of this Act) [section 5103(c)(1) of this title], any State which has not met any requirement of section 4(b)(2)(K) of the Act (as added by section 122(3) of this Act) may be granted a waiver of such requirements for a period of not more than one year, if the Secretary finds that such State is making a good-faith effort to comply with such requirements."

Termination of Advisory Boards

Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of its establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the end of such period, or in the case of a board established by the Congress, its duration is otherwise provided by law, see sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770 , 776, set out in the Appendix to Title 5, Government Organization and Employees.

References in Other Laws to GS–16, 17, or 18 Pay Rates

References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, §101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

Section Referred to in Other Sections

This section is referred to in section 5106g of this title.