§765 — Title 29 Labor | U.S. Code

Summary

If money is available, the head of the Department of Health and Human Services must set up a Disability, Independent Living, and Rehabilitation Research Advisory Council with at least 12 members picked by the Secretary. The Council must advise the Director about research priorities and about making and updating the required five-year plan. Members should come from the disability, independent living, and rehabilitation fields — including professionals, researchers, directors of independent living centers and community rehab programs, businesses (including small businesses) with experience in vocational rehab and hiring people with disabilities, people involved in assistive technology, covered school professionals, and people with disabilities and their representatives. At least half the members must be people with disabilities or their representatives. Members serve up to 3 years (the Secretary sets exact terms), initial terms are staggered, vacancies are filled the same way as original appointments, and no one may serve more than two full terms in a row. Non‑federal members get $150 per day for work (including travel time) and may be paid travel costs; federal employees serve without extra pay. The Secretary may assign HHS staff and give technical help when the Council asks. Section 1013 of title 5 does not apply to the Council.

Title 29, §765

Labor — Source: USLM XML via OLRC

(a)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.

(b)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)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.

(d)(1)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)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)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)(1)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)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)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.

(h)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)Section 1013 of title 5 shall not apply with respect to the Council.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 765, Pub. L. 93–112, title II, § 205, as added Pub. L. 102–569, title II, § 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.

Amendments

2022—Subsec. (i). Pub. L. 117–286 substituted “Section 1013 of title 5” for “section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)”. 2014—Pub. L. 113–128, § 436(1), inserted “Disability, Independent Living, and” before “Rehabilitation” in section catchline. Subsec. (a). Pub. L. 113–128, § 436(2), substituted “Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council” for “Department of Education a Rehabilitation Research Advisory Council” and inserted “not less than” after “composed of”. Subsec. (c). Pub. L. 113–128, § 436(3), added subsec. (c) and struck out former subsec. (c) which read as follows: “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.” Subsec. (g). Pub. L. 113–128, § 436(4), substituted “Department of Health and Human Services” for “Department of Education”. 1998—Pub. L. 105–277, § 101(f) [title VIII, § 402(b)(11)], made technical amendment to section designation and catchline in original. Pub. L. 105–277, § 101(f) [title VIII, § 401(16)], made technical amendment to directory language of Pub. L. 105–220, § 405, which enacted this section.

§765 Disability, Independent Living, and Rehabilitation Research Advisory Council