§ 780. Establishment of National Council on Disability

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1998

   Rehabilitation Act of 1973

   Pub. L. 93–112 title IV § 400 · 87 Stat. 355

   Enacted · 29 U.S.C. § 780

   Pub. L. 93–112, title IV, § 400, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1198

   Source evidence

   Code source credit
   Pub. L. 93–112, title IV, § 400, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1198

   Enacted provision · exact public law section
   Sec. 400. administration (a) In carrying out his duties under this Act, the Secretary shall— (1) cooperate with, and render technical assistance (directly Technical assistance to States. or by grant or contract) to States in matters relating to the rehabilitation of handicapped individuals; (2) provide short-term training and instruction in technical Short-term traineeships. matters relating to vocational rehabilitation services, including the establishment and maintenance of such research fellowships and traineeships, with such stipends and allowances (including travel and subsistence expenses), as he may deem necessary, except that no such training or instruction (or fellowship or scholarship) shall be provided any individual for any one course of study for a period in excess of four years, and such training, instruction, fellowships, and traineeships may be in the fields of rehabilitation medicine, rehabilitation nursing, rehabilitation counseling, rehabilitation social work, rehabilitation psychology, physical therapy, occupational therapy, speech pathology and audiology, prosthetics and orthotics, recreation for ill and handicapped individuals, and other specialized fields contributing to the rehabilitation of handicapped individuals; and (3) disseminate information relating to vocational rehabilitation services, and otherwise promote the cause of the rehabilitation of handicapped individuals and their greater utilization in gainful and suitable employment. (b) The Secretary is authorized to make rules and regulations governing the administration of this title and titles I through III of Rules and regulations. Ante, pp. 363, 377. this Act, and, except as otherwise provided in this Act, to delegate to any officer or employee of the United States such of Ins powers and duties under such titles, except the making of rules and regulations, as he Publication in Federal Register. finds necessary to carry out the provisions of such titles. Such rules and regulations shall be published in the Federal Register, on at least an interim basis, no later than ninety days after the date of enactment of this Act. (c) The Secretary is authorized (directly or by grants or contracts) to conduct studies, investigations, and evaluation of the programs authorized by this Act, and to make reports, with respect to abilities, aptitudes, and capacities of handicapped individuals, development of their potentialities, their utilization in gainful and suitable employment, and with respect to architectural, transportation, and other environmental and attitudinal barriers to their rehabilitation, including the problems of homebound, institutionalized, and older blind individuals. (d) There is authorized to be included for each fiscal year in the appropriation for the Department of Health, Education, and Welfare such sums as are necessary to administer the provisions of this Act. (e) In carrying out his duties under this Act, the Secretary shall insure the maximum coordination and consultation, at both national and local levels, with the Administrator of Veterans’ Affairs and his designees with respect to programs for and relating to the rehabilitation of disabled veterans carried out under title 38, United States Code.

2. 2012

   Presidential Appointment Efficiency and Streamlining Act of 2011

   Pub. L. 112–166 § 2(q) · 126 Stat. 1283

   Struck · 29 U.S.C. § 780(a)(1)(A)

   Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 112–166 struck out “, by and with the advice and consent of the Senate” before period at end.

   Enacted provision · exact public law section
   (q) National Council on Disability Members.— Section 400(a)(1)(A) of the Rehabilitation Act of 1973 (29 U.S.C. 780(a)(1)(A)) is amended by striking “, by and with the advice and consent of the Senate”.

3. 2014

   Workforce Innovation and Opportunity Act

   Pub. L. 113–128 § 451(1)(B) · 128 Stat. 1425

   1. Added · 29 U.S.C. § 780(a)(1)(A)(C)

      Pub. L. 113–128, § 451(1)(B), added subpars. (A) to (C)

   2. Struck · 29 U.S.C. § 780(a)(1)(A)(C)

      Pub. L. 113–128, § 451(1)(B), struck out former subpars. (A) and (B) which read as follows:

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (B) by striking subparagraphs (A) and (B) and inserting the following: “(A) There is established within the Federal Government a National Council on Disability (referred to in this title 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 the date of enactment of the Workforce Innovation and Opportunity Act) 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.” ; and

   Effective date note
   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.).”

4. 2014

   Workforce Innovation and Opportunity Act

   Pub. L. 113–128 § 451(1)(C) · 128 Stat. 1425

   1. Inserted · 29 U.S.C. § 780(a)(1)(D)

      Pub. L. 113–128, § 451(1)(C), inserted “national leaders on disability policy,” after “guardians of individuals with disabilities,”

   2. Substituted · 29 U.S.C. § 780(a)(1)(D)

      Pub. L. 113–128, § 451(1)(C), substituted “policy or issues that affect individuals with disabilities” for “policy or programs”

   Source evidence

   Code amendment note
   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”.

   Enacted provision · exact public law section
   (C) in subparagraph (D), as redesignated by subparagraph (A) of this paragraph, in the first sentence— (i) by inserting “national leaders on disability policy,” after “guardians of individuals with disabilities,”; and (ii) by striking “policy or programs” and inserting “policy or issues that affect individuals with disabilities”;

   Effective date note
   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.).”

5. 2014

   Workforce Innovation and Opportunity Act

   Pub. L. 113–128 § 451(1)(A) · 128 Stat. 1425

   Redesignated · 29 U.S.C. § 780(a)(1)(D)

   Pub. L. 113–128, § 451(1)(A), redesignated subpar. (C) as (D)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 113–128, § 451(1)(A), redesignated subpar. (C) as (D).

   Enacted provision · exact public law section
   (A) by redesignating subparagraph (C) as subparagraph (D);

   Effective date note
   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.).”

6. 2014

   Workforce Innovation and Opportunity Act

   Pub. L. 113–128 § 451(2) · 128 Stat. 1425

   Substituted · 29 U.S.C. § 780(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) in subsection (b), by striking “, except” and all that follows and inserting a period; and

   Effective date note
   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.).”

7. 2014

   Workforce Innovation and Opportunity Act

   Pub. L. 113–128 § 451(3) · 128 Stat. 1425

   Substituted · 29 U.S.C. § 780(d)

   Pub. L. 113–128, § 451(3), substituted “Five” for “Eight”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 113–128, § 451(3), substituted “Five” for “Eight”.

   Enacted provision · exact public law section
   (3) in subsection (d), by striking “Eight” and inserting “Five”.

   Effective date note
   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.).”

8. 2015

   WIOA Technical Amendments Act

   Pub. L. 114–18 § 3(a) · 129 Stat. 213

   Amended · 29 U.S.C. § 780(b)

   Pub. L. 114–18 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows:

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) In General.— Section 400(b) of the Rehabilitation Act of 1973 (29 U.S.C. 780(b)) is amended to 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.” .

   Effective date note
   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.).”

10 of 10 references resolved to an enrolled provision