29 U.S.C. § 765 — Disability, Independent Living, and Reha-

Page 271 TITLE 29—LABOR § 765 research and demonstration project designed to assess the feasibility of establishing a center for producing and distributing to individuals who are deaf or hard of hearing captioned video cassettes providing a broad range of educational, cultural, scientific, and voca- tional programming.’’ Subsec. (b)(11)(B). Pub. L. 113–128, § 435(2)(H)(ii), in- serted ‘‘and employment related’’ after ‘‘the employ- ment’’. Subsec. (b)(11)(G) to (L). Pub. L. 113–128, § 435(2)(H)(iii)–(v), added subpars. (G) to (L). Subsec. (b)(12). Pub. L. 113–128, § 435(2)(I)(i), (iii), in in- troductory provisions, inserted ‘‘an independent living or’’ after ‘‘conduct’’ and, in concluding provisions, sub- stituted ‘‘National Institute on Disability, Independent Living, and Rehabilitation Research’’ for ‘‘National In- stitute on Disability and Rehabilitation Research’’. Pub. L. 113–128, § 435(2)(G), redesignated par. (14) as (12). Former par. (12) redesignated (10). Subsec. (b)(12)(D). Pub. L. 113–128, § 435(2)(I)(ii), in- serted ‘‘independent living or’’ before ‘‘rehabilitation’’. Subsec. (b)(13). Pub. L. 113–128, § 435(2)(J), inserted ‘‘independent living and’’ before ‘‘rehabilitation needs’’. Pub. L. 113–128, § 435(2)(G), redesignated par. (15) as (13). Former par. (13) redesignated (11). Subsec. (b)(14). Pub. L. 113–128, § 435(2)(K), substituted ‘‘, full participation, and economic self-sufficiency.’’ for ‘‘and access to gainful employment.’’ Pub. L. 113–128, § 435(2)(G), redesignated par. (16) as (14). Former par. (14) redesignated (12). Subsec. (b)(15) to (18). Pub. L. 113–128, § 435(2)(G), re- designated pars. (17) and (18) as (15) and (16), respec- tively. Former pars. (15) and (16) redesignated (13) and (14), respectively. Subsec. (d). Pub. L. 113–128, § 435(3), added subsec. (d). 2010—Subsec. (b)(2)(C)(vi). Pub. L. 111–256 substituted ‘‘intellectual disabilities and other developmental dis- abilities’’ for ‘‘mental retardation and other develop- mental disabilities’’. 1998—Pub. L. 105–277 made technical amendment to directory language of Pub. L. 105–220, § 405, which en- acted this section. Subsec. (b)(3)(C)(i), (G)(i). Pub. L. 105–394 substituted ‘‘the Assistive Technology Act of 1998’’ for ‘‘the Tech- nology-Related Assistance for Individuals With Disabil- ities Act of 1988 (29 U.S.C. 2201 et seq.)’’. Statutory Notes and Related Subsidiaries DEFINITIONS For meaning of references to an intellectual dis- ability and to individuals with intellectual disabilities in provisions amended by section 2 of Pub. L. 111–256, see section 2(k) of Pub. L. 111–256, set out as a note under section 1400 of Title 20, Education. § 765. Disability, Independent Living, and Reha- bilitation Research Advisory Council (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 Re- search Advisory Council (referred to in this sec- tion as the ‘‘Council’’) composed of not less than 12 members appointed by the Secretary. (b) Duties The Council shall advise the Director with re- spect to research priorities and the development and revision of the 5-year plan required by sec- tion 762(h) of this title. (c) Qualifications Members of the Council shall be generally rep- resentative of the community of disability, inde- pendent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community reha- bilitation programs, the business community (including a representative of the small business community) that has experience with the sys- tem of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders in- volved in assistive technology, the community of covered school professionals, and the commu- nity of individuals with disabilities, and the in- dividuals’ representatives. At least one-half of the members shall be individuals with disabil- ities 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 Sec- retary, 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 perform- ance of duties for the Council. All members of the Council who are officers or full-time em- ployees of the United States shall serve with- out compensation in addition to compensation received for their services as officers or em- ployees 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 du- ties 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 Page 272 TITLE 29—LABOR § 766 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 em- ployee. (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 nec- essary to carry out its duties. (i) Termination Section 1013 of title 5 shall not apply with re- spect to the Council. (Pub. L. 93–112, title II, § 205, as added Pub. L. 105–220, title IV, § 405, Aug. 7, 1998, 112 Stat. 1182; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, §§ 401(16), 402(b)(11)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412, 2681–414; Pub. L. 113–128, title IV, § 436, July 22, 2014, 128 Stat. 1671; Pub. L. 117–286, § 4(a)(187), Dec. 27, 2022, 136 Stat. 4326.) 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 Advi- sory 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 ‘‘De- partment of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advi- sory Council’’ for ‘‘Department of Education a Reha- bilitation 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 representa- tive of the community of rehabilitation professionals, the community of rehabilitation researchers, the com- munity of individuals with disabilities, and the individ- uals’ 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 ‘‘De- partment of Health and Human Services’’ for ‘‘Depart- ment 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. § 766. Definition of covered school In this subchapter, the term ‘‘covered school’’ means an elementary school or secondary school (as such terms are defined in section 7801 of title 20) or an institution of higher education. (Pub. L. 93–112, title II, § 206, as added Pub. L. 113–128, title IV, § 437, July 22, 2014, 128 Stat. 1671; amended Pub. L. 114–95, title IX, § 9215(mmm)(2), Dec. 10, 2015, 129 Stat. 2188.) Editorial Notes PRIOR PROVISIONS A prior section 770, Pub. L. 93–112, title III, § 301, for- merly § 300, Sept. 26, 1973, 87 Stat. 377; Pub. L. 95–602, title I, § 122(c)(1), Nov. 6, 1978, 92 Stat. 2987; Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 100–630, title II, § 204(a), Nov. 7, 1988, 102 Stat. 3308; renumbered § 301 and amended Pub. L. 102–569, title I, § 102(p)(15), title III, § 301(a), (b)(3), Oct. 29, 1992, 106 Stat. 4358, 4410, 4411, contained congressional declara- tion of purpose, prior to the general amendment of sub- chapter III of this chapter by Pub. L. 105–220. AMENDMENTS 2015—Pub. L. 114–95 made technical amendment to reference in original act which appears in text as ref- erence to section 7801 of title 20. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. SUBCHAPTER III—PROFESSIONAL DEVEL- OPMENT AND SPECIAL PROJECTS AND DEMONSTRATIONS Editorial Notes CODIFICATION Title III of the Rehabilitation Act of 1973, comprising this subchapter, was originally enacted by Pub. L. 93–112, title III, Sept. 26, 1973, 87 Stat. 377, and amended by Pub. L. 93–516, Dec. 7, 1974, 88 Stat. 1617; Pub. L. 93–651, Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 94–230, Mar. 15, 1976, 90 Stat. 211; Pub. L. 94–273, Apr. 21, 1976, 90 Stat. 375; Pub. L. 94–288, May 21, 1976, 90 Stat. 520; Pub. L. 95–602, Nov. 6, 1978, 92 Stat. 2955; Pub. L. 98–221, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99–506, Oct. 21, 1986, 100 Stat. 1807; Pub. L. 100–630, Nov. 7, 1988, 102 Stat. 3289; Pub. L. 102–52, June 6, 1991, 105 Stat. 260; Pub. L. 102–119, Oct. 7, 1991, 105 Stat. 587; Pub. L. 102–569, Oct. 29, 1992, 106 Stat. 4344; Pub. L. 103–73, Aug. 11, 1993, 107 Stat. 718; Pub. L. 103–218, Mar. 9, 1994, 108 Stat. 50; Pub. L. 104–66, Dec. 21, 1995, 109 Stat. 707. Title III is shown herein, however, as having been added by Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1183, without reference to those intervening amendments because of the extensive revi- sion of title III by Pub. L. 105–220. § 771. Declaration of purpose and competitive basis of grants and contracts (a) Purpose It is the purpose of this subchapter to author- ize grants and contracts to— (1)(A) provide academic training to ensure that skilled personnel are available to provide rehabilitation services to individuals with dis- abilities through vocational, medical, social, and psychological rehabilitation programs (in- cluding supported employment programs), through economic and business development programs, through independent living services programs, and through client assistance pro- grams; and (B) provide training to maintain and up- grade basic skills and knowledge of personnel (including personnel specifically trained to de- liver services to individuals with disabilities whose employment outcome is self-employ-