29 U.S.C. § 780 — Establishment of National Council on Dis-

Page 281 TITLE 29—LABOR § 780 title I, § 109(1), Nov. 6, 1978, 92 Stat. 2962, transferred to section 777c of this title, and subsequently repealed by Pub. L. 100–630. § 776. Measuring of project outcomes and per- formance The Commissioner may require that recipients of grants under this subchapter submit informa- tion, including data, as determined by the Com- missioner to be necessary to measure project outcomes and performance, including any data needed to comply with the Government Per- formance and Results Act. (Pub. L. 93–112, title III, § 304, formerly § 306, as added Pub. L. 105–220, title IV, § 406, Aug. 7, 1998, 112 Stat. 1197; renumbered § 304, Pub. L. 113–128, title IV, § 443(2), July 22, 2014, 128 Stat. 1674.) Editorial Notes REFERENCES IN TEXT The Government Performance and Results Act, re- ferred to in text, probably means the Government Per- formance and Results Act of 1993, Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Fi- nance, and sections 2801 to 2805 of Title 39, Postal Serv- ice, amended section 1105 of Title 31, and enacted provi- sions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables. PRIOR PROVISIONS A prior section 304 of Pub. L. 93–112 was classified to section 774 of this title prior to repeal by Pub. L. 113–128, § 443(1). Prior sections 776 to 777b were omitted in the general amendment of this subchapter by Pub. L. 105–220. Section 776, Pub. L. 93–112, title III, § 306, Sept. 26, 1973, 87 Stat. 384; Pub. L. 93–516, title I, § 111(l), Dec. 7, 1974, 88 Stat. 1621; Pub. L. 93–651, title I, § 111(l), Nov. 21, 1974, 89 Stat. 2–6; Pub. L. 95–602, title I, §§ 115(b), 122(c)(4)–(6), Nov. 6, 1978, 92 Stat. 2972, 2987; Pub. L. 99–506, title I, § 103(d)(2)(C), title X, § 1002(d)(4), Oct. 21, 1986, 100 Stat. 1810, 1844; Pub. L. 100–630, title II, § 204(e), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102–569, title I, § 102(p)(20), title III, § 306, Oct. 29, 1992, 106 Stat. 4359, 4417, related to general grant and contract require- ments. Section 777, Pub. L. 93–112, title III, § 310, as added Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2973; amended Pub. L. 98–221, title I, § 135, title II, § 208(b), Feb. 22, 1984, 98 Stat. 25, 34; Pub. L. 99–506, title IV, § 405, Oct. 21, 1986, 100 Stat. 1825; Pub. L. 100–630, title II, § 204(f), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102–52, § 4(e)(1), June 6, 1991, 105 Stat. 261; Pub. L. 102–569, title III, § 307, Oct. 29, 1992, 106 Stat. 4418; Pub. L. 103–73, title I, § 110(b), Aug. 11, 1993, 107 Stat. 726, authorized appro- priations. Section 777a, Pub. L. 93–112, title III, § 311, as added Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2973; amended Pub. L. 98–221, title I, § 136, Feb. 22, 1984, 98 Stat. 26; Pub. L. 99–506, title I, § 103(d)(2)(C), title III, § 302(b), title IV, § 406, Oct. 21, 1986, 100 Stat. 1810, 1821, 1826; Pub. L. 100–630, title II, § 204(g), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102–52, § 4(e)(2), June 6, 1991, 105 Stat. 261; Pub. L. 102–119, § 26(e), Oct. 7, 1991, 105 Stat. 607; Pub. L. 102–569, title I, § 102(p)(21), title III, § 308, Oct. 29, 1992, 106 Stat. 4359, 4418; Pub. L. 103–73, title I, § 110(c), Aug. 11, 1993, 107 Stat. 726; Pub. L. 104–66, title I, § 1041(b), Dec. 21, 1995, 109 Stat. 714, related to special demonstration programs. Section 777b, Pub. L. 93–112, title III, § 312, as added Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2974; amended Pub. L. 99–506, title I, § 103(d)(2)(C), Oct. 21, 1986, 100 Stat. 1810; Pub. L. 100–630, title II, § 204(h), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102–569, title I, § 102(p)(22), title III, § 309, Oct. 29, 1992, 106 Stat. 4359, 4420, related to migratory workers, maintenance payments, and co- ordination with other programs. A prior section 777c, Pub. L. 93–112, title III, § 313, as added Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2974, related to Helen Keller National Center for Deaf- Blind Youths and Adults, prior to repeal by Pub. L. 98–221, title II, § 203(a), Feb. 22, 1984, 98 Stat. 33. See chapter 21 (§ 1901 et seq.) of this title. Another prior section 777c, Pub. L. 93–112, title III, § 313, formerly § 305, Sept. 26, 1973, 87 Stat. 383; Pub. L. 93–516, title I, § 107, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I, § 107, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 7, 11(b)(10), Mar. 15, 1976, 90 Stat. 212, 213; Pub. L. 94–288, §§ 1, 2, May 21, 1976, 90 Stat. 520; renumbered § 313, Pub. L. 95–602, title I, § 109(1), Nov. 6, 1978, 92 Stat. 2962, formerly classified to section 775 of this title, au- thorized appropriations for fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, Sept. 30, 1977, and Sept. 30, 1978, for establishment of Helen Keller National Cen- ter for Deaf-Blind Youths and Adults, prior to repeal by Pub. L. 100–630, title II, § 204(k), Nov. 7, 1988, 102 Stat. 3309. Prior sections 777d to 777f were omitted in the general amendment of this subchapter by Pub. L. 105–220. Section 777d, Pub. L. 93–112, title III, § 314, as added Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2975; amended Pub. L. 100–630, title II, § 204(i), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102–569, title I, § 102(p)(23), Oct. 29, 1992, 106 Stat. 4359, related to reader services for indi- viduals who are blind. Section 777e, Pub. L. 93–112, title III, § 315, as added Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2975; amended Pub. L. 102–569, title I, § 102(p)(24), Oct. 29, 1992, 106 Stat. 4359, related to interpreter services for indi- viduals who are deaf. Section 777f, Pub. L. 93–112, title III, § 316, as added Pub. L. 95–602, title I, § 116(2), Nov. 6, 1978, 92 Stat. 2976; amended Pub. L. 98–221, title I, § 137, Feb. 22, 1984, 98 Stat. 26; Pub. L. 99–506, title I, § 103(d)(2)(C), title IV, § 407, Oct. 21, 1986, 100 Stat. 1810, 1827; Pub. L. 100–630, title II, § 204(j), Nov. 7, 1988, 102 Stat. 3309; Pub. L. 102–52, § 4(e)(3), June 6, 1991, 105 Stat. 261; Pub. L. 102–569, title I, § 102(p)(25), title III, § 310, Oct. 29, 1992, 106 Stat. 4359, 4420; Pub. L. 103–73, title I, § 110(d), Aug. 11, 1993, 107 Stat. 726, related to special recreational programs. SUBCHAPTER IV—NATIONAL COUNCIL ON DISABILITY Editorial Notes CODIFICATION Title IV of the Rehabilitation Act of 1973, comprising this subchapter, was originally enacted by Pub. L. 93–112, title IV, Sept. 26, 1973, 87 Stat. 385, and amended by Pub. L. 93–516, Dec. 7, 1974, 88 Stat. 1617; Pub. L. 93–651, Nov. 21, 1974, 89 Stat. 2–3; Pub. L. 94–230, Mar. 15, 1976, 90 Stat. 211; Pub. L. 95–602, Nov. 6, 1978, 92 Stat. 2955; Pub. L. 98–221, Feb. 22, 1984, 98 Stat. 17; Pub. L. 99–506, Oct. 21, 1986, 100 Stat. 1807; Pub. L. 100–630, Nov. 7, 1988, 102 Stat. 3289; Pub. L. 102–52, June 6, 1991, 105 Stat. 260; Pub. L. 102–569, Oct. 29, 1992, 106 Stat. 4344; Pub. L. 103–73, Aug. 11, 1993, 107 Stat. 718; Pub. L. 104–66, Dec. 21, 1995, 109 Stat. 707. Title IV is shown herein, however, as having been added by Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1198, without reference to those intervening amendments because of the exten- sive revision of title IV by Pub. L. 105–220. § 780. Establishment of National Council on Dis- ability (a) Membership; purpose (1)(A) There is established within the Federal Government a National Council on Disability Page 282 TITLE 29—LABOR § 780 (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 de- scribed 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 sub- paragraph (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, na- tional leaders on disability policy, or other indi- viduals who have substantial knowledge or expe- rience relating to disability policy or issues that affect individuals with disabilities. The mem- bers 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 indi- viduals 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 Coun- cil 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 pro- cedures that— (A) guarantee equal opportunity for all indi- viduals with disabilities, regardless of the na- ture 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 be- ginning 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 oc- curring 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 Na- tional 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 Na- tional Council shall not affect its power to func- tion. (Pub. L. 93–112, title IV, § 400, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1198; amended Pub. L. 112–166, § 2(q), Aug. 10, 2012, 126 Stat. 1288; Pub. L. 113–128, title IV, § 451, July 22, 2014, 128 Stat. 1674; Pub. L. 114–18, § 3(a), May 22, 2015, 129 Stat. 214.) 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 ad- ministrative 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 fol- lows: ‘‘(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 occur- ring 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 Gov- ernment a National Council on Disability (hereinafter in this subchapter referred to as the ‘National Coun- 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