SUBCHAPTER IV—NATIONAL COUNCIL ON DISABILITY
Editorial Notes
Codification
Title IV of the Rehabilitation Act of 1973, comprising this subchapter, was originally enacted by
§780. Establishment of National Council on Disability
(a) Membership; purpose
(1)(A) There is established within the Federal Government a National Council on Disability (referred to in this subchapter as the "National Council"), which, subject to subparagraph (B), shall be composed of 9 members, of which—
(i) 5 shall be appointed by the President;
(ii) 1 shall be appointed by the Majority Leader of the Senate;
(iii) 1 shall be appointed by the Minority Leader of the Senate;
(iv) 1 shall be appointed by the Speaker of the House of Representatives; and
(v) 1 shall be appointed by the Minority Leader of the House of Representatives.
(B) The National Council shall transition from 15 members (as of July 22, 2014) to 9 members as follows:
(i) On the first 4 expirations of National Council terms (after that date), replacement members shall be appointed to the National Council in the following order and manner:
(I) 1 shall be appointed by the Majority Leader of the Senate.
(II) 1 shall be appointed by the Minority Leader of the Senate.
(III) 1 shall be appointed by the Speaker of the House of Representatives.
(IV) 1 shall be appointed by the Minority Leader of the House of Representatives.
(ii) On the next 6 expirations of National Council terms (after the 4 expirations described in clause (i) occur), no replacement members shall be appointed to the National Council.
(C) For any vacancy on the National Council that occurs after the transition described in subparagraph (B), the vacancy shall be filled in the same manner as the original appointment was made.
(D) The members of the National Council shall be individuals with disabilities, parents or guardians of individuals with disabilities, national leaders on disability policy, or other individuals who have substantial knowledge or experience relating to disability policy or issues that affect individuals with disabilities. The members of the National Council shall be appointed so as to be representative of individuals with disabilities, national organizations concerned with individuals with disabilities, providers and administrators of services to individuals with disabilities, individuals engaged in conducting medical or scientific research relating to individuals with disabilities, business concerns, and labor organizations. A majority of the members of the National Council shall be individuals with disabilities. The members of the National Council shall be broadly representative of minority and other individuals and groups.
(2) The purpose of the National Council is to promote policies, programs, practices, and procedures that—
(A) guarantee equal opportunity for all individuals with disabilities, regardless of the nature or severity of the disability; and
(B) empower individuals with disabilities to achieve economic self-sufficiency, independent living, and inclusion and integration into all aspects of society.
(b) Term of office
(1) Each member of the National Council shall serve for a term of 3 years.
(2)(A) No member of the National Council may serve more than two consecutive full terms beginning on the date of commencement of the first full term on the Council. Members may serve after the expiration of their terms until their successors have taken office.
(B) As used in this paragraph, the term "full term" means a term of 3 years.
(3) Any member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed only for the remainder of such term.
(c) Chairperson; meetings
The President shall designate the Chairperson from among the members appointed to the National Council. The National Council shall meet at the call of the Chairperson, but not less often than four times each year.
(d) Quorum; vacancies
Five members of the National Council shall constitute a quorum and any vacancy in the National Council shall not affect its power to function.
(
Editorial Notes
Prior Provisions
A prior section 780,
Another prior section 780,
Amendments
2015—Subsec. (b).
"(b)(1) Each member of the National Council shall serve for a term of 3 years.
"(2)(A) No member of the National Council may serve more than two consecutive full terms beginning on the date of commencement of the first full term on the Council. Members may serve after the expiration of their terms until their successors have taken office.
"(B) As used in this paragraph, the term 'full term' means a term of 3 years.
"(3) Any member appointed to fill a vacancy occurring before the expiration of the term for which such member's predecessor was appointed shall be appointed only for the remainder of such term."
2014—Subsec. (a)(1)(A) to (C).
"(1)(A) There is established within the Federal Government a National Council on Disability (hereinafter in this subchapter referred to as the 'National Council'), which shall be composed of fifteen members appointed by the President.
"(B) The President shall select members of the National Council after soliciting recommendations from representatives of—
"(i) organizations representing a broad range of individuals with disabilities; and
"(ii) organizations interested in individuals with disabilities."
Former subpar. (C) redesignated (D).
Subsec. (a)(1)(D).
Subsec. (b).
Subsec. (d).
2012—Subsec. (a)(1)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Effective Date of 2012 Amendment
Amendment by
§780a. Independent status of National Council on the Handicapped
(1) Council as independent agency within Federal Government
Effective on February 22, 1984, the National Council on the Handicapped shall be an independent agency within the Federal Government and shall not be an agency within the Department of Education or any other department or agency of the United States.
(2) Transfer of functions to Council Chairman
There are transferred to the Chairman of the National Council on the Handicapped all functions relating to the Council which were vested in the Secretary of Education on the day before February 22, 1984. The Chairman of the National Council on the Handicapped shall continue to exercise all the functions under the Rehabilitation Act of 1973 [
(3) Changes in statutory and other references
References in any statute, reorganization plan, Executive order, regulation, or other official document or proceeding to the Department of Education or the Secretary of Education with respect to functions or activities relating to the National Council on the Handicapped shall be deemed to refer to the National Council on the Handicapped or the Chairman of the National Council on the Handicapped, respectively.
(
Editorial Notes
References in Text
The Rehabilitation Act of 1973, referred to in par. (2), is
Codification
Section was enacted as part of the Rehabilitation Amendments of 1984, and not as part of the Rehabilitation Act of 1973 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Change of Name
The National Council on the Handicapped was established by former
§781. Duties of National Council
(a) In general
The National Council shall—
(1) provide advice to the Director with respect to the policies and conduct of the National Institute on Disability, Independent Living, and Rehabilitation Research, including ways to improve research concerning individuals with disabilities and the methods of collecting and disseminating findings of such research;
(2) provide advice to the Commissioner with respect to the policies of and conduct of the Rehabilitation Services Administration;
(3) advise the President, the Congress, the Commissioner, the appropriate Assistant Secretary of the Department of Education, and the Director of the National Institute on Disability, Independent Living, and Rehabilitation Research on the development of the programs to be carried out under this chapter;
(4) provide advice regarding priorities for the activities of the Interagency Disability Coordinating Council and review the recommendations of such Council for legislative and administrative changes to ensure that such recommendations are consistent with the purposes of the Council to promote the full integration, independence, and productivity of individuals with disabilities;
(5) review and evaluate on a continuing basis—
(A) policies, programs, practices, and procedures concerning individuals with disabilities conducted or assisted by Federal departments and agencies, including programs established or assisted under this chapter or under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [
(B) all statutes and regulations pertaining to Federal programs which assist such individuals with disabilities;
in order to assess the effectiveness of such policies, programs, practices, procedures, statutes, and regulations in meeting the needs of individuals with disabilities;
(6) assess the extent to which such policies, programs, practices, and procedures facilitate or impede the promotion of the policies set forth in subparagraphs (A) and (B) of
(7) gather information about the implementation, effectiveness, and impact of the Americans with Disabilities Act of 1990 (
(8) make recommendations to the President, the Congress, the Secretary, the Director of the National Institute on Disability and Rehabilitation Research, and other officials of Federal agencies or other Federal entities, respecting ways to better promote the policies set forth in
(9) provide to the Congress on a continuing basis advice, recommendations, legislative proposals, and any additional information that the National Council or the Congress deems appropriate; and
(10) review and evaluate on a continuing basis new and emerging disability policy issues affecting individuals with disabilities at the Federal, State, and local levels, and in the private sector, including the need for and coordination of adult services, access to personal assistance services, school reform efforts and the impact of such efforts on individuals with disabilities, access to health care, and policies that operate as disincentives for the individuals to seek and retain employment.
(b) Annual reports
(1) Not later than October 31, 1998, and annually thereafter, the National Council shall prepare and submit to the President and the appropriate committees of the Congress a report entitled "National Disability Policy: A Progress Report".
(2) The report shall assess the status of the Nation in achieving the policies set forth in
(3) In determining the issues to focus on and the findings, conclusions, and recommendations to include in the report, the National Council shall seek input from the public, particularly individuals with disabilities, representatives of organizations representing a broad range of individuals with disabilities, and organizations and agencies interested in individuals with disabilities.
(
Editorial Notes
References in Text
The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (a)(5)(A), is
The Americans with Disabilities Act of 1990, referred to in subsec. (a)(7), is
Prior Provisions
A prior section 781,
Another prior section 781,
Amendments
Subsec. (a)(1), (3).
Subsec. (c).
2004—Subsec. (c)(2).
2000—Subsec. (a)(5)(A).
1998—Subsec. (c).
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report to Congress required under subsec. (b) of this section is listed on page 182), see section 3003 of
Transfer of Functions
Functions which the Director of the National Institute on Disability and Rehabilitation Research exercised before July 22, 2014 (including all related functions of any officer or employee of the National Institute on Disability and Rehabilitation Research), transferred to the National Institute on Disability, Independent Living, and Rehabilitation Research, see subsection (n) of
§782. Compensation of National Council members
(a) Rate
Members of the National Council shall be entitled to receive compensation at a rate equal to the rate of pay for level 4 of the Senior Executive Service Schedule under
(b) Full-time officers or employees of United States
Members of the National Council who are full-time officers or employees of the United States shall receive no additional pay on account of their service on the National Council except for compensation for travel expenses as provided under subsection (c) of this section.
(c) Travel expenses
While away from their homes or regular places of business in the performance of services for the National Council, members of the National Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under
(
Editorial Notes
Prior Provisions
A prior section 782,
Another prior section 782,
§783. Staff of National Council
(a) Executive Director; technical and professional employees
(1) The Chairperson of the National Council may appoint and remove, without regard to the provisions of title 5 governing appointments, the provisions of
(2) The Executive Director is authorized to hire technical and professional employees to assist the National Council to carry out its duties.
(b) Temporary or intermittent services; voluntary and uncompensated services; gifts, etc.; contracts and agreements; official representation and reception
(1) The National Council may procure temporary and intermittent services to the same extent as is authorized by
(2) The National Council may—
(A) accept voluntary and uncompensated services, notwithstanding the provisions of
(B) in the name of the Council, solicit, accept, employ, and dispose of, in furtherance of this chapter, any money or property, real or personal, or mixed, tangible or nontangible, received by gift, devise, bequest, or otherwise; and
(C) enter into contracts and cooperative agreements with Federal and State agencies, private firms, institutions, and individuals for the conduct of research and surveys, preparation of reports and other activities necessary to the discharge of the Council's duties and responsibilities.
(3) Not more than 10 per centum of the total amounts available to the National Council in each fiscal year may be used for official representation and reception.
(c) Administrative support services
The Administrator of General Services shall provide to the National Council on a reimbursable basis such administrative support services as the Council may request.
(d) Investment of amounts not required for current withdrawals
(1) It shall be the duty of the Secretary of the Treasury to invest such portion of the amounts made available under subsection (a)(2)(B) 1 as is not, in the Secretary's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
(2) The amounts described in paragraph (1), and the interest on, and the proceeds from the sale or redemption of, the obligations described in paragraph (1) shall be available to the National Council to carry out this subchapter.
(
Editorial Notes
Prior Provisions
A prior section 783,
Another prior section 783,
1 So in original. Probably should be subsection "(b)(2)(B)".
§784. Administrative powers of National Council
(a) Bylaws and rules
The National Council may prescribe such bylaws and rules as may be necessary to carry out its duties under this subchapter.
(b) Hearings
The National Council may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as it deems advisable.
(c) Advisory committees
The National Council may appoint advisory committees to assist the National Council in carrying out its duties. The members thereof shall serve without compensation.
(d) Use of mails
The National Council may use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States.
(e) Use of services, personnel, information, and facilities
The National Council may use, with the consent of the agencies represented on the Interagency Disability Coordinating Council, and as authorized in subchapter V, such services, personnel, information, and facilities as may be needed to carry out its duties under this subchapter, with or without reimbursement to such agencies.
(
Editorial Notes
Prior Provisions
A prior section 784,
Another prior section 784,
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, 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 for by law. See
§785. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter $3,186,000 for fiscal year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 2018, $3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year 2020.
(
Editorial Notes
Prior Provisions
A prior section 785,
Another prior section 785,
Prior sections 786 and 787 were repealed by
Section 786,
Section 787,
Amendments
2014—