29 U.S.C. § 783 — Staff of National Council

Page 285 TITLE 29—LABOR § 783 1 So in original. Probably should be subsection ‘‘(b)(2)(B)’’. cised before July 22, 2014 (including all related func- tions of any officer or employee of the National Insti- tute on Disability and Rehabilitation Research), trans- ferred to the National Institute on Disability, Inde- pendent Living, and Rehabilitation Research, see sub- section (n) of section 3515e of Title 42, The Public Health and Welfare. § 782. Compensation of National Council mem- bers (a) Rate Members of the National Council shall be enti- tled to receive compensation at a rate equal to the rate of pay for level 4 of the Senior Execu- tive Service Schedule under section 5382 of title 5, including travel time, for each day they are engaged in the performance of their duties as members of the National Council. (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, includ- ing per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5. (Pub. L. 93–112, title IV, § 402, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1200.) Editorial Notes PRIOR PROVISIONS A prior section 782, Pub. L. 93–112, title IV, § 402, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2978; amended Pub. L. 100–630, title II, § 205(d), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102–569, title IV, § 403, Oct. 29, 1992, 106 Stat. 4423, related to compensation of Na- tional Council members, prior to the general amend- ment of this subchapter by Pub. L. 105–220. Another prior section 782, Pub. L. 93–112, title IV, § 402, Sept. 26, 1973, 87 Stat. 387, authorized the Sec- retary to obtain information from Federal agencies, prior to repeal by Pub. L. 95–602, § 117. § 783. Staff of National Council (a) Executive Director; technical and profes- sional 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 chapter 75 of such title (relating to adverse actions), the provisions of chapter 77 of such title (relating to appeals), or the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates), an Executive Director to assist the National Council to carry out its du- ties. The Executive Director shall be appointed from among individuals who are experienced in the planning or operation of programs for indi- viduals with disabilities. (2) The Executive Director is authorized to hire technical and professional employees to as- sist the National Council to carry out its duties. (b) Temporary or intermittent services; vol- untary and uncompensated services; gifts, etc.; contracts and agreements; official rep- resentation and reception (1) The National Council may procure tem- porary and intermittent services to the same ex- tent as is authorized by section 3109(b) of title 5 (but at rates for individuals not to exceed the daily equivalent of the rate of pay for level 4 of the Senior Executive Service Schedule under section 5382 of title 5). (2) The National Council may— (A) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31; (B) in the name of the Council, solicit, ac- cept, 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, prepara- tion of reports and other activities necessary to the discharge of the Council’s duties and re- sponsibilities. (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 rep- resentation and reception. (c) Administrative support services The Administrator of General Services shall provide to the National Council on a reimburs- able basis such administrative support services as the Council may request. (d) Investment of amounts not required for cur- rent 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 obliga- tions 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 Na- tional Council to carry out this subchapter. (Pub. L. 93–112, title IV, § 403, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1200.) Editorial Notes PRIOR PROVISIONS A prior section 783, Pub. L. 93–112, title IV, § 403, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2978; amended Pub. L. 98–221, title I, § 143, Feb. 22, 1984, 98 Stat. 28; Pub. L. 99–506, title I, § 103(d)(2)(C), title V, Page 286 TITLE 29—LABOR § 784 § 503, Oct. 21, 1986, 100 Stat. 1810, 1829; Pub. L. 100–630, title II, § 205(e), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102–569, title I, § 102(p)(28), title IV, § 404, Oct. 29, 1992, 106 Stat. 4360, 4423; Pub. L. 103–73, title I, § 111, Aug. 11, 1993, 107 Stat. 727, related to National Council staff, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 783, Pub. L. 93–112, title IV, § 403, Sept. 26, 1973, 87 Stat. 387; Pub. L. 93–516, title I, § 108, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I, § 108, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 8, 11(b)(11), Mar. 15, 1976, 90 Stat. 212, 213, authorized ap- propriations to conduct program and project evalua- tions, prior to repeal by Pub. L. 95–602, § 117. § 784. Administrative powers of National Council (a) Bylaws and rules The National Council may prescribe such by- laws 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 agen- cies of the United States. (e) Use of services, personnel, information, and facilities The National Council may use, with the con- sent of the agencies represented on the Inter- agency Disability Coordinating Council, and as authorized in subchapter V, such services, per- sonnel, information, and facilities as may be needed to carry out its duties under this sub- chapter, with or without reimbursement to such agencies. (Pub. L. 93–112, title IV, § 404, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1201.) Editorial Notes PRIOR PROVISIONS A prior section 784, Pub. L. 93–112, title IV, § 404, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2979; amended Pub. L. 102–569, title IV, § 405, Oct. 29, 1992, 106 Stat. 4423, related to administrative powers of National Council, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 784, Pub. L. 93–112, title IV, § 404, Sept. 26, 1973, 87 Stat. 387, directed Secretary to submit annual reports to the President and to Congress on activities carried out under this chapter, prior to re- peal by Pub. L. 95–602, § 117. 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 section 1013 of Title 5, Government Organization and Employees. § 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. (Pub. L. 93–112, title IV, § 405, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1202; amended Pub. L. 113–128, title IV, § 453, July 22, 2014, 128 Stat. 1675.) Editorial Notes PRIOR PROVISIONS A prior section 785, Pub. L. 93–112, title IV, § 405, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2979; amended Pub. L. 99–506, title V, § 504, Oct. 21, 1986, 100 Stat. 1829; Pub. L. 102–52, § 5, June 6, 1991, 105 Stat. 262; Pub. L. 102–569, title IV, § 406, Oct. 29, 1992, 106 Stat. 4423, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 785, Pub. L. 93–112, title IV, § 405, Sept. 26, 1973, 87 Stat. 388; Pub. L. 93–516, title I, §§ 109, 111(m), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L. 93–651, title I, §§ 109, 111(m), Nov. 21, 1974, 89 Stat. 2–4, 2–6; Pub. L. 94–230, §§ 9, 11(b)(12), Mar. 15, 1976, 90 Stat. 212, 213, specified certain responsibilities of the Sec- retary, prior to repeal by Pub. L. 95–602, § 117. Prior sections 786 and 787 were repealed by Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977. Section 786, Pub. L. 93–112, title IV, § 406, Sept. 26, 1973, 87 Stat. 389; S. Res. 4, Feb. 4, 1977, provided that the Secretary conduct a study on the role of sheltered workshops in the rehabilitation and employment of handicapped individuals and report the results of this study to Congress within twenty-four months after Sept. 26, 1973. Section 787, Pub. L. 93–112, title IV, § 407, Sept. 26, 1973, 87 Stat. 389, provided that the Secretary conduct a study on allotment of funds among the States for grants for basic vocational rehabilitation and report the results of this study to Congress not later than June 30, 1974. AMENDMENTS 2014—Pub. L. 113–128 substituted ‘‘$3,186,000 for fiscal year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for fis- cal year 2017, $3,581,000 for fiscal year 2018, $3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year 2020.’’ for ‘‘such sums as may be necessary for each of the fiscal years 1999 through 2003.’’ SUBCHAPTER V—RIGHTS AND ADVOCACY § 790. Repealed. Pub. L. 102–569, title V, § 502(a), Oct. 29, 1992, 106 Stat. 4424 Section, Pub. L. 93–112, title V, § 500, Sept. 26, 1973, 87 Stat. 390, related to effects on existing law, references in other provisions, availability of unexpended appro- priations, savings provision, and extension of appro- priations.