42 U.S.C. § 2495: National Advisory Committee…

Summary

Creates a 12-person national advisory committee to help the Secretary of Education with matters about educating deaf people. The Secretary picks the members, who must not be federal employees and are not chosen under civil service rules. Members include deaf people, teachers of the deaf, hearing teachers, and others interested in deaf education. The Secretary names one member to be chair. Each member serves a four-year term; if someone fills a vacancy they only finish that term. The first members’ terms are staggered so three end after each of the first four years. No one may serve more than one continuous term. The committee advises on current and new programs, recommends a system to collect periodic information, points out needs and promising innovations, suggests research topics, and offers administrative or legislative ideas. At the committee’s request, the Secretary may hire special advisers. Members and hired advisers may be paid up to $100 per day and may receive travel pay and per diem as allowed under 5 U.S.C. 5703. The committee must meet when the Secretary asks and at least twice a year.

Title 42, §2495

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Establishment; number and appointment of members; representation of interests; Chairman; term of office; vacancies; restriction on term

(1)For the purpose of advising and assisting the Secretary of Education (hereinafter in this section referred to as the “Secretary”) with respect to the education of the deaf, there is hereby created a National Advisory Committee on Education of the Deaf, which shall consist of twelve persons, not otherwise in the employ of the United States, appointed by the Secretary without regard to the civil service laws.

(2)The membership of the Advisory Committee shall include educators of the deaf, persons interested in education of the deaf, educators of the hearing, and deaf individuals.

(3)The Secretary shall from time to time designate one of the members of the Advisory Committee to serve as Chairman of the Advisory Committee.

(4)Each member of the Advisory Committee shall serve for a term of four years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term, and except that the terms of the office of the members first taking office shall expire, as designated by the Secretary at the time of appointment, three at the end of the first year, three at the end of the second year, three at the end of the third year, and three at the end of the fourth year after the date of appointment.

(5)A member of the Advisory Committee shall not be eligible to serve continuously for more than one term.

(b)Functions of Advisory Committee

The Advisory Committee shall advise the Secretary concerning the carrying out of existing and the formulating of new or modified programs with respect to the education of the deaf. In carrying out its functions, the Advisory Committee shall (A) make recommendations to the Secretary for the development of a system for gathering information on a periodic basis in order to facilitate the assessment of progress and identification of problems in the education of the deaf; (B) identify emerging needs respecting the education of the deaf, and suggest innovations which give promise of meeting such needs and of otherwise improving the educational prospects of deaf individuals; (C) suggest promising areas of inquiry to give direction to the research efforts of the Federal Government in improving the education of the deaf; and (D) make such other recommendations for administrative action or legislative proposals as may be appropriate.

(c)Advisory professional or technical personnel

The Secretary may, at the request of the Advisory Committee appoint such special advisory professional or technical personnel as may be necessary to enable the Advisory Committee to carry out its duties.

(d)Compensation and travel expenses

Members of the Advisory Committee, and advisory or technical personnel appointed pursuant to subsection (c), while attending meetings or conferences of the Advisory Committee or otherwise serving on business of the Advisory Committee, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day including travel time and while serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons in the Government service employed intermittently.

(e)Meetings

The Advisory Committee shall meet at the request of the Secretary, but at least semiannually.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (d), “section 5703 of title 5” substituted for “section 5 of the Administrative Expenses Act”, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Statutory Notes and Related Subsidiaries

Transfer of Functions

“Secretary of Education” substituted for “Secretary of Health, Education, and Welfare” in subsec. (a)(1) pursuant to section 301 and 507 of Pub. L. 96–88, which are classified to section 3441 and 3507 of Title 20, Education, and which transferred functions and offices (relating to education) of Secretary of Health, Education, and Welfare to Secretary of Education. Termination of Advisory CommitteesAdvisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

§2495 National Advisory Committee on Education of the Deaf