**(a) Establishment** 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section762/h&num=0&edition=prelim).
**(c) Qualifications** 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) 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 whic
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Source location: Title 29, Chapter 16, § 794; chapter-016-vocational-rehabilitation-and-other-rehabilitation-services.md
Stored source content
**(a) Establishment** 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section762/h&num=0&edition=prelim).
**(c) Qualifications** 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) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5703&num=0&edition=prelim) 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 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) 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 1013 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1013&num=0&edition=prelim) shall not apply with respect to the Council.
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Federal law — U.S. Code and appendices · legal_authorities
§ 794. Nondiscrimination under Federal grants
and programs
(a) Promulgation of rules and regulations
No otherwise qualified individual with a dis-
ability in the United States, as defined in sec-
tion 705(20) of this title, shall, solely by reason
of her or his disability, be excluded from the
participation in, be denied the benefits of, or be
subjected to discrimination under any program
or activity receiving Federal financial assist-
ance or under any program or activity con-
ducted by any Executive agency or by the
United States Postal Service. The head of each
such agency shall promulgate such regulations
as may be necessary to carry out the amend-
ments to this section made by the Rehabilita-
tion, Comprehensive Services, and Develop-
mental Disabilities Act of 1978. Copies of any
proposed regulation shall be submitted to appro-
priate authorizing committees of the Congress,
and such regulation may take effect no earlier
than the thirtieth day after the date on which
such regulation is so submitted to such commit-
tees.
(b) ‘‘Program or activity’’ defined
For the purposes of this section, the term
‘‘program or activity’’ means all of the oper-
ations of—
(1)(A) a department, agency, special purpose
district, or other instrumentality of a State or
of a local government; or
(B) the entity of such State or local govern-
ment that distributes such assistance and each
such department or agency (and each other
State or local government entity) to which
the assistance is extended, in the case of as-
sistance to a State or local government;
(2)(A) a college, university, or other postsec-
ondary institution, or a public system of high-
er education; or
(B) a local educational agency (as defined in
section 7801 of title 20), system of career and
t