§ 765. — Rehabilitation Research Advisory Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC765]
TITLE 29--LABOR
CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
SUBCHAPTER II--RESEARCH AND TRAINING
Sec. 765. Rehabilitation Research Advisory Council
(a) Establishment
Subject to the availability of appropriations, the Secretary shall
establish in the Department of Education a Rehabilitation Research
Advisory Council (referred to in this section as the ``Council'')
composed of 12 members appointed by the Secretary.
(b) Duties
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.
(c) Qualifications
Members of the Council shall be generally representative of the
community of rehabilitation professionals, the community of
rehabilitation researchers, 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.
(d) Terms of appointment
(1) Length of term
Each member of the Council shall serve for a term of up to 3
years, determined by the Secretary, except that--
(A) 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
(B) 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.
(2) Number of terms
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.
(e) Vacancies
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.
(f) Payment and expenses
(1) Payment
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.
(2) Travel expenses
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.
(g) Detail of Federal employees
On the request of the Council, the Secretary may detail, with or
without reimbursement, any of the personnel of the Department of
Education 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.
(h) Technical assistance
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.
(i) Termination
Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply with respect to the Council.
(Pub. L. 93-112, title II, Sec. 205, as added Pub. L. 105-220, title IV,
Sec. 405, Aug. 7, 1998, 112 Stat. 1182; amended Pub. L. 105-277, div. A,
Sec. 101(f) [title VIII, Secs. 401(16), 402(b)(11)], Oct. 21, 1998, 112
Stat. 2681-337, 2681-412, 2681-414.)
References in Text
Section 14 of the Federal Advisory Committee Act, referred to in
subsec. (i), is section 14 of Pub. L. 92-463, which is set out in the
Appendix to Title 5, Government Organization and Employees.
Prior Provisions
A prior section 765, Pub. L. 93-112, title II, Sec. 205, as added
Pub. L. 102-569, title II, Sec. 206(a), Oct. 29, 1992, 106 Stat. 4409,
related to the Rehabilitation Research Advisory Council, prior to the
general amendment of this subchapter by Pub. L. 105-220.
A prior section 770, Pub. L. 93-112, title III, Sec. 301, formerly
Sec. 300, Sept. 26, 1973, 87 Stat. 377; Pub. L. 95-602, title I,
Sec. 122(c)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99-506, title I,
Sec. 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 100-630, title
II, Sec. 204(a), Nov. 7, 1988, 102 Stat. 3308; renumbered Sec. 301 and
amended Pub. L. 102-569, title I, Sec. 102(p)(15), title III,
Sec. 301(a), (b)(3), Oct. 29, 1992, 106 Stat. 4358, 4410, 4411,
contained congressional declaration of purpose, prior to the general
amendment of subchapter III of this chapter by Pub. L. 105-220.
Amendments
1998--Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 402(b)(11)],
made technical amendment to section designation and catchline in
original.
Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 401(16)], made
technical amendment to directory language of Pub. L. 105-220, Sec. 405,
which enacted this section.
Section Referred to in Other Sections
This section is referred to in sections 761, 762 of this title.
