29 U.S.C. § 780a — Independent status of National Council

Page 283 TITLE 29—LABOR § 781 cil’), which shall be composed of fifteen members ap- pointed by the President. ‘‘(B) The President shall select members of the Na- tional Council after soliciting recommendations from representatives of— ‘‘(i) organizations representing a broad range of in- dividuals 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 ‘‘guard- ians of individuals with disabilities,’’ and substituted ‘‘policy or issues that affect individuals with disabil- ities’’ 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 fol- lows’’, was executed by substituting a period for ‘‘, except that the terms of service of the members ini- tially 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 in- tent 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, pro- vided 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 In- novation and Opportunity Act [Pub. L. 113–128, ap- proved July 22, 2014] (29 U.S.C. 3101 et seq.).’’ EFFECTIVE DATE OF 2012 AMENDMENT Amendment 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. § 780a. Independent status of National Council on the Handicapped (1) Council as independent agency within Fed- eral Government Effective on February 22, 1984, the National Council on the Handicapped shall be an inde- pendent agency within the Federal Government and shall not be an agency within the Depart- ment 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 func- tions 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 Rehabilita- tion Act of 1973 [29 U.S.C. 701 et seq.] or any other law or authority which the Chairman was performing before February 22, 1984. (3) Changes in statutory and other references References in any statute, reorganization plan, Executive order, regulation, or other offi- cial 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. (Pub. L. 98–221, title I, § 141(b), Feb. 22, 1984, 98 Stat. 26.) Editorial Notes REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in par. (2), is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to this chapter (§ 701 et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables. CODIFICATION Section was enacted as part of the Rehabilitation Amendments of 1984, and not as part of the Rehabilita- tion Act of 1973 which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME The National Council on the Handicapped was estab- lished by former section 780 of this title and was redes- ignated the National Council on Disability by an amendment to that section by Pub. L. 100–630, title II, § 205(b), Nov. 7, 1988, 102 Stat. 3310. § 781. Duties of National Council (a) In general The National Council shall— (1) provide advice to the Director with re- spect to the policies and conduct of the Na- tional Institute on Disability, Independent Living, and Rehabilitation Research, includ- ing ways to improve research concerning indi- viduals 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 Sec- retary of the Department of Education, and the Director of the National Institute on Dis- ability, Independent Living, and Rehabilita- tion Research on the development of the pro- grams to be carried out under this chapter; (4) provide advice regarding priorities for the activities of the Interagency Disability Co- ordinating Council and review the rec- ommendations 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 in- tegration, independence, and productivity of individuals with disabilities; (5) review and evaluate on a continuing basis— (A) policies, programs, practices, and pro- cedures concerning individuals with disabil- ities conducted or assisted by Federal de- partments and agencies, including programs established or assisted under this chapter or