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U.S. Code as of:
01/19/04
Section 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.
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