§780 — Title 29 Labor | U.S. Code

Summary

Creates a National Council on Disability inside the federal government. The Council must have 9 members: 5 chosen by the President and one each chosen by the Senate majority leader, Senate minority leader, House Speaker, and House minority leader. As of July 22, 2014, the Council must shrink from 15 to 9 members: on the first four times a member’s term ends after that date, replacements are appointed in this order—Senate majority leader, Senate minority leader, House Speaker, House minority leader—and for the next six term endings no replacements are made. After the change, any vacancy is filled the same way the original member was chosen. Members must be people with disabilities, parents or guardians of people with disabilities, national disability leaders, or others with strong knowledge of disability issues, and the group must include representatives of disability organizations, service providers, researchers, business, labor, and minorities. A majority must be individuals with disabilities. The Council’s job is to promote policies and programs that make equal opportunity real and help people with disabilities earn a living, live independently, and take part in society. Members serve 3-year terms and may not serve more than two full terms in a row. If someone fills a vacancy, they only serve the rest of that term. The President picks the Chair. The Council must meet at the Chair’s call but at least four times a year. Five members make a quorum, and vacancies do not stop the Council from acting.

Title 29, §780

Labor — Source: USLM XML via OLRC

(a)(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)(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)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)Five members of the National Council shall constitute a quorum and any vacancy in the National Council shall not affect its power to function.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 780, Pub. L. 93–112, title IV, § 400, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977; amended Pub. L. 98–221, title I, § 141(a), Feb. 22, 1984, 98 Stat. 26; Pub. L. 99–506, title I, § 103(d)(2)(C), title V, § 501, title X, § 1001(e), Oct. 21, 1986, 100 Stat. 1810, 1828, 1843; Pub. L. 100–630, title II, § 205(b), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102–569, title I, § 102(p)(26), title IV, § 401, Oct. 29, 1992, 106 Stat. 4360, 4421, related to establishment of the National Council on Disability, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 780, Pub. L. 93–112, title IV, § 400, Sept. 26, 1973, 87 Stat. 385, related to general administrative powers of Secretary under this chapter, prior to repeal by Pub. L. 95–602, § 117.

Amendments

2015—Subsec. (b). Pub. L. 114–18 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “(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). Pub. L. 113–128, § 451(1)(B), added subpars. (A) to (C) and struck out former subpars. (A) and (B) which read as follows: “(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). Pub. L. 113–128, § 451(1)(C), inserted “national leaders on disability policy,” after “guardians of individuals with disabilities,” and substituted “policy or issues that affect individuals with disabilities” for “policy or programs”. Pub. L. 113–128, § 451(1)(A), redesignated subpar. (C) as (D). Subsec. (b). Pub. L. 113–128, § 451(2), which directed substitution of a period for “ ‘, except’ and all that follows”, was executed by substituting a period for “, except that the terms of service of the members initially appointed after November 6, 1978, shall be (as specified by the President) for such fewer number of years as will provide for the expiration of terms on a staggered basis.” in par. (1), to reflect the probable intent of Congress. Subsec. (d). Pub. L. 113–128, § 451(3), substituted “Five” for “Eight”. 2012—Subsec. (a)(1)(A). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 Amendment Pub. L. 114–18, § 3(b),

May 22, 2015, 129 Stat. 214, provided that: “The amendment made by this section [amending this section] shall take effect as if enacted 1 day after the date of enactment of the Workforce Innovation and Opportunity Act [Pub. L. 113–128, approved

July 22, 2014] (29 U.S.C. 3101 et seq.).”

Effective Date

of 2012 AmendmentAmendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that

Effective Date

, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

§780 Establishment of National Council on Disability

Summary

Title 29, §780

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata