29 U.S.C. § 765 — Disability, Independent Living, and Rehabilitation Research Advisory Council
submitted 28 years ago by Pub. L. 93-112 to r/title-29-LABOR · 616 words · no verdicts yet
Subject to available appropriations, the Secretary must create an advisory council with at least 12 appointed members. The Council advises the Director on research priorities and a required five-year plan, and this section sets rules for its membership, terms, expenses, support, and termination law.
(a) Subject to available appropriations, the Secretary must establish in the Department of Health and Human Services a Disability*, Independent Living, and Rehabilitation Research Advisory Council, called the “Council” in this section. The Secretary appoints at least 12 members.
(b) The Council must advise the Director about research priorities and about developing and revising the five-year plan required by section 762(h) of this title.
(c) The members must generally represent disability, independent-living, and rehabilitation professionals; researchers in those fields; directors of independent living centers and community rehabilitation programs; and businesses experienced with the vocational-rehabilitation and independent-living systems under this chapter and with hiring people with disabilities. The members must also generally represent the small-business community, assistive-technology stakeholders, covered school* professionals, people with disabilities, and those people’s representatives. At least half the members must be people with disabilities or their representatives.
(d)(1) Each member serves for a term of up to three years, as the Secretary decides. A person appointed to fill a vacancy before the predecessor’s term ends serves only the rest of that term. The first members may receive shorter terms, as the Secretary specifies, so terms end at staggered times.
(2) No member may serve more than two consecutive full terms. A member may continue serving after the term ends until a successor takes office.
(e) A vacancy is filled in the same way as the original appointment for that position. A vacancy does not prevent the remaining members from carrying out the Council’s duties.
(f)(1) A member who is not a Federal officer or full-time employee receives $150 for each day, including travel time, spent performing Council duties. Federal officers and full-time employees serve without extra pay beyond their pay as United States officers or employees.
(2) For each day spent on Council duties away from home or the member’s regular business place, a member may receive travel expenses, including a daily allowance instead of subsistence, as section 5703 of title 5 authorizes for intermittent Government employees.
(g) At the Council’s request, the Secretary may assign Department of Health and Human Services personnel to the Council, with or without reimbursement, to help it perform its duties. The assignment must not interrupt or otherwise change the employee’s civil-service status or privileges.
(h) At the Council’s request, the Secretary must provide the technical assistance the Council decides is needed for its duties.
(i) Section 1013 of title 5 does not apply to the Council.
Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability*, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the “Council”) composed of not less than 12 members appointed by the Secretary.
The Council shall advise the Director with respect to research priorities and the development and revision of the 5-year plan required by section 762(h) of this title.
Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services* carried out under this chapter and with hiring individuals with disabilities*, the community of stakeholders involved in assistive technology*, the community of covered school* professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives.
Each member of the Council shall serve for a term of up to 3 years, determined by the Secretary, except that—
a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and
the terms of service of the members initially appointed shall be (as specified by the Secretary) for such fewer number of years as will provide for the expiration of terms on a staggered basis.
No member of the Council may serve more than two consecutive full terms. Members may serve after the expiration of their terms until their successors have taken office.
Any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute the duties of the Council.
Each member of the Council who is not an officer or full-time employee of the Federal Government shall receive a payment of $150 for each day (including travel time) during which the member is engaged in the performance of duties for the Council. All members of the Council who are officers or full-time employees of the United States shall serve without compensation in addition to compensation received for their services as officers or employees of the United States.
Each member of the Council may receive travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for employees serving intermittently in the Government service, for each day the member is engaged in the performance of duties away from the home or regular place of business of the member.
On the request of the Council, the Secretary may detail, with or without reimbursement, any of the personnel of the Department of Health and Human Services to the Council to assist the Council in carrying out its duties. Any detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee.
On the request of the Council, the Secretary shall provide such technical assistance to the Council as the Council determines to be necessary to carry out its duties.
Source credit: (Pub. L. 93–112, title II, § 205, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1182; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, §§ 401(16), 402(b)(11)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412, 2681–414; Pub. L. 113–128, title IV, § 436, July 22, 2014, 128 Stat. 1671; Pub. L. 117–286, § 4(a)(187), Dec. 27, 2022, 136 Stat. 4326.)
- 1998Enacted · Pub. L. 93-112 · 112 Stat. 1182
- 1998Amended · Pub. L. 105-277 · 112 Stat. 2681
- 2014Amended · Pub. L. 113-128 · 128 Stat. 1671
- 2022Amended · Pub. L. 117-286 · 136 Stat. 4326
A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-112 on 1998-08-07.
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