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42 U.S.C. § 1397k–3 — Advisory Board on Elder Abuse, Neglect, and Exploitation

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1397k–3 — Advisory Board on Elder Abuse, Neglect, and Exploitation

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Stable record: federal_law:legal_authorities:record_usc_6f311a585849453f63d604be
Source file: Laws/federal/codes/united-states-code/title-42/section-1397k3-advisory-board-on-elder-abuse-neglect-and-exploitation--97d0824052.md
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Source location: Title 42, Chapter 7, § 1397k–3; chapter-007-social-security.md

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**(a) Establishment** There is established a board to be known as the “Advisory Board on Elder Abuse, Neglect, and Exploitation” (in this section referred to as the “Advisory Board”) to create short- and long-term multidisciplinary strategic plans for the development of the field of elder justice and to make recommendations to the Elder Justice Coordinating Council established under [section 1397k of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397k&num=0&edition=prelim). **(b) Composition** The Advisory Board shall be composed of 27 members appointed by the Secretary from among members of the general public who are individuals with experience and expertise in elder abuse, neglect, and exploitation prevention, detection, treatment, intervention, or prosecution. **(c) 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 (b). **(d) Terms** (1) **In general** — Each member of the Advisory Board shall be appointed for a term of 3 years, except that, of the members first appointed— (A) 9 shall be appointed for a term of 3 years; (B) 9 shall be appointed for a term of 2 years; and (C) 9 shall be appointed for a term of 1 year. (2) **Vacancies** (A) *In general* — Any vacancy on the Advisory Board shall not affect its powers, but shall be filled in the same manner as the original appointment was made. (B) *Filling unexpired term* — An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (3) **Expiration of terms** — The term of any member shall not expire before the date on which the member’s successor takes office. **(e) Election of officers** The Advisory Board shall elect a Chair and Vice Chair from among its members. The Advisory Board shall elect its initial Chair and Vice Chair at its initial meeting. **(f) Duties** (1) **Enhance communication on promoting quality of, and preventing abuse, neglect, and exploitation in, long-term care** — The Advisory Board shall develop collaborative and innovative approaches to improve the quality of, including preventing abuse, neglect, and exploitation in, long-term care. (2) **Collaborative efforts to develop consensus around the management of certain quality-related factors** (A) *In general* — The Advisory Board shall establish multidisciplinary panels to address, and develop consensus on, subjects relating to improving the quality of long-term care. At least 1 such panel shall address, and develop consensus on, methods for managing resident-to-resident abuse in long-term care. (B) *Activities conducted* — The multidisciplinary panels established under subparagraph (A) shall examine relevant research and data, identify best practices with respect to the subject of the panel, determine the best way to carry out those best practices in a practical and feasible manner, and determine an effective manner of distributing information on such subject. (3) **Report** — Not later than the date that is 18 months after March 23, 2010, and annually thereafter, the Advisory Board shall prepare and submit to the Elder Justice Coordinating Council, 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 containing— (A) information on the status of Federal, State, and local public and private elder justice activities; (B) recommendations (including recommended priorities) regarding— (i) elder justice programs, research, training, services, practice, enforcement, and coordination; (ii) coordination between entities pursuing elder justice efforts and those involved in related areas that may inform or overlap with elder justice efforts, such as activities to combat violence against women and child abuse and neglect; and (iii) activities relating to adult fiduciary systems, including guardianship and other fiduciary arrangements; (C) recommendations for specific modifications needed in Federal and State laws (including regulations) or for programs, research, and training to enhance prevention, detection, and treatment (including diagnosis) of, intervention in (including investigation of), and prosecution of elder abuse, neglect, and exploitation; (D) recommendations on methods for the most effective coordinated national data collection with respect to elder justice, and elder abuse, neglect, and exploitation; and (E) recommendations for a multidisciplinary strategic plan to guide the effective and efficient development of the field of elder justice. **(g) Powers of the Advisory Board** (1) **Information from Federal agencies** — Subject to the requirements of [section 1397j–1(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1397j–1/a&num=0&edition=prelim), the Advisory Board may secure directly from any Federal department or agency such information as the Advisory Board considers necessary to carry out this section. Upon request of the Chair of the Advisory Board, the head of such department or agency shall furnish such information to the Advisory Board. (2) **Sharing of data and reports** — The Advisory Board may request from any entity pursuing elder justice activities under the Elder Justice Act of 2009 or an amendment made by that Act, any data, reports, or recommendations generated in connection with such activities. (3) **Postal services** — The Advisory Board 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 Advisory Board shall not receive compensation for the performance of services for the Advisory Board. The members shall be allowed travel expenses for up to 4 meetings per year, 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 Advisory Board. Notwithstanding [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim), the Secretary may accept the voluntary and uncompensated services of the members of the Advisory Board. **(i) Detail of Government employees** Any Federal Government employee may be detailed to the Advisory Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. **(j) Status as permanent advisory committee** [Section 1013 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1013&num=0&edition=prelim) shall not apply to the advisory board.11 So in original. Probably should be “Advisory Board”. **(k) Authorization of appropriations** There are authorized to be appropriated such sums as are necessary to carry out this section.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1342 — Limitation on voluntary services

An officer or employee of the United States Government or of the District of Columbia government may not accept voluntary services for either government or employ personal services exceeding that authorized by law except for emergencies involving the safety of human life or the protection of property. This section does not apply to a corporation getting amounts to make loans (except paid in capital amounts) without legal liability of the United States Government. As used in this section, the term “emergencies involving the safety of human life or the protection of property” does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1013 — Termination of advisory committees

**(a) In General.—** (1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. **(b) Charters.—** (1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim). (2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1305 — Short title of chapter

This chapter may be cited as the “Social Security Act”.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1397k — Definitions

In this division: (1) **Abuse** — The term “abuse” means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm. (2) **Adult protective services** — The term “adult protective services” means such services provided to adults as the Secretary may specify and includes services such as— (A) receiving reports of adult abuse, neglect, or exploitation; (B) investigating the reports described in subparagraph (A); (C) case planning, monitoring, evaluation, and other case work and services; and (D) providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. (3) **Caregiver** — The term “caregiver” means an individual who has the responsibility for the care of an elder, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law, and means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an elder who needs supportive services in any setting. (4) **Direct care** — The term “direct care” means care by an employee or contractor who provides assistance or long-term care services to a recipient. (5) **Elder** — The term “elder” means an individual age 60 or older. (6) **Elder justice** — The term “elder justice” means— (A) from a societal perspective, efforts to— (i) prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect elders with diminished capacity while maximizing their aut

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1397k

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