
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC5102]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 67--CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION REFORM
 
                      SUBCHAPTER I--GENERAL PROGRAM
 
Sec. 5102. Advisory board on child abuse and neglect


(a) Appointment

    The Secretary may appoint an advisory board to make recommendations 
to the Secretary and to the appropriate committees of Congress 
concerning specific issues relating to child abuse and neglect.

(b) Solicitation of nominations

    The Secretary shall publish a notice in the Federal Register 
soliciting nominations for the appointment of members of the advisory 
board under subsection (a) of this section.

(c) Composition

    In establishing the board under subsection (a) of this section, the 
Secretary shall appoint members from the general public 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--
        (1) law (including the judiciary);
        (2) psychology (including child development);
        (3) social services (including child protective services);
        (4) medicine (including pediatrics);
        (5) State and local government;
        (6) organizations providing services to disabled persons;
        (7) organizations providing services to adolescents;
        (8) teachers;
        (9) parent self-help organizations;
        (10) parents' groups;
        (11) voluntary groups;
        (12) family rights groups; and
        (13) children's rights advocates.

(d) Vacancies

    Any vacancy in the membership of the board shall be filled in the 
same manner in which the original appointment was made.

(e) Election of officers

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

(f) Duties

    Not later than 1 year after the establishment of the board under 
subsection (a) of this section, the board shall submit to the Secretary 
and the appropriate committees of Congress a report, or interim report, 
containing--
        (1) recommendations on coordinating Federal, State, and local 
    child abuse and neglect activities with similar activities at the 
    Federal, State, and local level pertaining to family violence 
    prevention;
        (2) specific modifications needed in Federal and State laws and 
    programs to reduce the number of unfounded or unsubstantiated 
    reports of child abuse or neglect while enhancing the ability to 
    identify and substantiate legitimate cases of abuse or neglect which 
    place a child in danger; and
        (3) recommendations for modifications needed to facilitate 
    coordinated national data collection with respect to child 
    protection and child welfare.

(Pub. L. 93-247, title I, Sec. 102, formerly Sec. 3, Jan. 31, 1974, 88 
Stat. 5; Pub. L. 95-266, title I, Sec. 102, Apr. 24, 1978, 92 Stat. 206; 
Pub. L. 98-457, title I, Secs. 102, 121, Oct. 9, 1984, 98 Stat. 1750, 
1752; Pub. L. 100-294, title I, Sec. 101, Apr. 25, 1988, 102 Stat. 103; 
renumbered title I, Sec. 102, and amended Pub. L. 101-126, Sec. 3(a)(1), 
(2), (b)(1), Oct. 25, 1989, 103 Stat. 764; Pub. L. 102-295, title I, 
Sec. 111, May 28, 1992, 106 Stat. 190; Pub. L. 104-235, title I, 
Sec. 102, Oct. 3, 1996, 110 Stat. 3065.)


                               Amendments

    1996--Pub. L. 104-235 amended section generally, substituting 
present provisions for provisions which related to appointment of 
Advisory Board on Child Abuse and Neglect in subsec. (a); solicitation 
of nominations in subsec. (b); composition of Advisory Board in subsec. 
(c); election of officers in subsec. (d); meetings in subsec. (e); 
duties in subsec. (f); compensation in subsec. (g); and authorization of 
appropriations in subsec. (h).
    1992--Subsec. (f)(4). Pub. L. 102-295, Sec. 111(a), added par. (4).
    Subsec. (h). Pub. L. 102-295, Sec. 111(b), added subsec. (h).
    1989--Subsecs. (c)(1)(A), (e), (f)(2)(E). Pub. L. 101-126, 
Sec. 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, Sec. 121(1), designated provisions 
after opening phrase as cl. (1).
    Pub. L. 98-457, Sec. 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, Sec. 102(2), (3), added cl. (2).
    Cl. (3). Pub. L. 98-457, Sec. 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 (Secs. 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.
