Page 271 TITLE 29—LABOR § 777f

primary purpose of providing assistance or

services to hearing-impaired individuals) for

the operation of such programs;

(4) provide that any interpreter participating in the program shall be required to meet

minimum standards established by the Commissioner; and

(5) contain such other information as the

Secretary may require.

(c) Services provided by designated State unit;

purchase or rental of equipment

Any designated State unit receiving funds

under this section may provide interpreter services, without cost, for a period of not to exceed

one year to any public agency or private nonprofit organization which provides assistance to

individuals who are deaf. At the end of such period, agencies or organizations receiving such

services through referrals shall reimburse the

designated State unit for the costs of such services. Funds may also be used for the purchase or

rental of equipment necessary to provide assistance or services to individuals who are deaf.

(d) Restrictions on use of funds

Funds provided to any designated State unit

for any program under this section shall not be

used for any administrative or related costs, nor

shall such funds be used for assistance to individuals who are deaf and who are receiving rehabilitation services under any other provision of

this chapter.

(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.)

AMENDMENTS

1992—Pub. L. 102–569, §102(p)(24)(A), amended section

catchline.

Subsec. (a). Pub. L. 102–569, §102(p)(24)(B), substituted

‘‘individuals who are deaf’’ for ‘‘deaf individuals’’ in

two places.

Subsec. (b)(1). Pub. L. 102–569, §102(p)(24)(C), substituted ‘‘to the maximum feasible number of individuals who are deaf’’ for ‘‘to the maximum number of

deaf individuals feasible’’.

Subsec. (c). Pub. L. 102–569, §102(p)(24)(D), substituted

‘‘individuals who are deaf’’ for ‘‘deaf individuals’’ in

two places.

Subsec. (d). Pub. L. 102–569, §102(p)(24)(E), substituted

‘‘individuals who are deaf and’’ for ‘‘deaf individuals’’.

§ 777f. Special recreational programs

(a)(1) The Commissioner, subject to the provisions of section 776 of this title, shall make

grants to States, public agencies, and nonprofit

private organizations for paying the Federal

share of the cost of initiation of recreation programs to provide individuals with disabilities

with recreational activities and related experiences to aid in the employment, mobility, socialization, independence, and community integration of such individuals. The programs authorized to be assisted under this section may

include, but are not limited to, vocational skills

development, leisure education, leisure networking, leisure resource development, physical

education and sports, scouting and camping, 4–H

activities, music, dancing, handicrafts, art, and

homemaking. Whenever possible and appropriate, such programs and activities should be

provided in settings with peers who are not individuals with disabilities. Programs and activities under this section shall be designed to demonstrate ways in which such programs assist in

maximizing the independence and integration of

individuals with disabilities.

(2) Each such grant shall be made for a period

of not more than 3 years. Such a grant shall not

be renewable, except that the Commissioner

may renew such a grant if the Commissioner determines that the grant recipient will continue

to develop model or innovative programs of exceptional merit or will contribute substantially

to the development or improvement of special

recreational programs in other locations.

(3) No grant may be made under this section

unless the agreement with respect to such grant

contains provisions to assure that, to the extent

possible, existing resources will be used to carry

out the activities for which the grant is to be

made.

(4) To be eligible to receive a grant under this

section, a State, agency, or organization shall

submit an application to the Commissioner at

such time, in such manner, and containing such

information as the Commissioner may require,

including a description of—

(A) the manner in which the findings and results of the project will be made generally

available; and

(B) the means by which the service program

will be continued after Federal assistance

ends.

(5) Recreation programs funded under this section shall maintain, at a minimum, the same

level of services over a 3-year project period.

(6) The Commissioner shall, not later than 180

days after October 29, 1992, develop means to objectively evaluate, and encourage the replication of, activities assisted by this section.

(7) The Commissioner shall require each recipient of a grant under this section to annually

prepare and submit a report on the results of the

activities assisted by the grant. The Commissioner shall not make financial assistance available to a grant recipient for a subsequent year

until the Commissioner has received and evaluated such a report from the recipient regarding

the current year.

(8) The Commissioner shall annually issue and

provide for the dissemination of a report describing the findings and results of programs

funded by this section.

(9) The Federal share of the costs of the recreation programs shall be 100 percent for the first

year of the grant, 75 percent for the second year,

and 50 percent for the third year.

(b) There are authorized to be appropriated

such sums as may be necessary for each of the

fiscal years 1993 through 1997.

(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.
§ 780 TITLE 29—LABOR Page 272

4359, 4420; Pub. L. 103–73, title I, §110(d), Aug. 11,

1993, 107 Stat. 726.)

AMENDMENTS

1993—Subsec. (a)(1). Pub. L. 103–73 substituted ‘‘individuals with disabilities’’ for ‘‘handicapped individuals’’ in first sentence.

1992—Subsec. (a)(1). Pub. L. 102–569, §310(a)(1), in first

sentence, substituted ‘‘the Federal share of the cost’’

for ‘‘part or all of the cost’’ and inserted ‘‘employment,’’ before ‘‘mobility,’’ and in second sentence, inserted ‘‘vocational skills development,’’ before ‘‘leisure

education,’’.

Pub. L. 102–569, §102(p)(25), substituted ‘‘individuals

with disabilities’’ for ‘‘individuals with handicaps’’

after ‘‘and integration of’’ and ‘‘peers who are not individuals with disabilities’’ for ‘‘peers without handicaps’’.

Subsec. (a)(2). Pub. L. 102–569, §310(a)(2), substituted

‘‘a period of not more than 3 years. Such a grant shall

not be renewable, except that the Commissioner may

renew such a grant if the Commissioner determines

that the grant recipient will continue to develop model

or innovative programs of exceptional merit or will

contribute substantially to the development or improvement of special recreational programs in other locations’’ for ‘‘a minimum of a three-year period’’.

Subsec. (a)(3). Pub. L. 102–569, §310(a)(3), substituted

‘‘to be made.’’ for ‘‘to be made, and that with respect

to children the activities for which the grant is to be

made will be conducted before or after school.’’

Subsec. (a)(4) to (9). Pub. L. 102–569, §310(a)(4), added

pars. (4) to (9).

Subsec. (b). Pub. L. 102–569, §310(b), substituted ‘‘such

sums as may be necessary for each of the fiscal years

1993 through 1997’’ for ‘‘$2,330,000 for fiscal year 1987,

$2,470,000 for fiscal year 1988, $2,620,000 for fiscal year

1989, $2,780,000 for fiscal year 1990, $2,894,000 for fiscal

year 1991, and such sums as may be necessary for fiscal

year 1992 to carry out this section’’.

1991—Subsec. (b). Pub. L. 102–52 struck out ‘‘and’’

after ‘‘1990,’’ and inserted ‘‘, and such sums as may be

necessary for fiscal year 1992’’ after ‘‘1991’’.

1988—Pub. L. 100–630, §204(j)(1), inserted section

catchline.

Subsec. (a)(1). Pub. L. 100–630, §204(j)(2), substituted

‘‘peers without handicaps’’ for ‘‘nonhandicapped peers’’.

1986—Subsec. (a). Pub. L. 99–506, §407, amended subsec. (a) generally. Prior to amendment, subsec. (a) read

as follows: ‘‘The Commissioner, subject to the provisions of section 776 of this title, shall make grants to

State and public nonprofit agencies and organizations

for paying part or all of the cost of initiation of recreation programs to provide individuals with handicaps

with recreational activities to aid in the mobility and

socialization of such individuals. The activities authorized to be assisted under this section may include, but

are not limited to, scouting and camping, 4-H activities, sports, music, dancing, handicrafts, art, and homemaking. No grant may be made under the provisions of

this section unless the agreement with respect to such

grant contains provisions to assure that, to the extent

possible, existing resources will be used to carry out

the activities for which the grant is to be made, and

that with respect to children the activities for which

the grant is to be made will be conducted after school.’’

Pub. L. 99–506, §103(d)(2)(C), substituted ‘‘individuals

with handicaps’’ for ‘‘handicapped individuals’’.

Subsec. (b). Pub. L. 99–506, §407, in amending subsec.

(b) generally, substituted provisions authorizing appropriations for fiscal years 1987 through 1991 for provisions authorizing appropriations for fiscal years 1984

through 1986.

1984—Pub. L. 98–221 designated existing provisions as

subsec. (a) and added subsec. (b).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 777 of this title.

SUBCHAPTER IV—NATIONAL COUNCIL ON

DISABILITY

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 702, 706,

718b, 761a of this title.

§ 780. Establishment of National Council on Disability

(a) Membership; purpose

(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, by

and with the advice and consent of the Senate.

(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.

(C) The members of the National Council shall

be individuals with disabilities or individuals

who have substantial knowledge or experience

relating to disability policy or programs. 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, or parents or guardians

of 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) Term of office

(1) Each member of the National Council shall

serve for a term of 3 years, 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.

(2)(A) No member of the Council may serve

more than two consecutive full terms beginning

on the date of initial service on the Council.

Members may serve after the expiration of their

terms until their successors have taken office.

(B) As used in this paragraph:

(i) The term ‘‘full term’’ means a term of 3

years.

(ii) The term ‘‘date of initial service’’ means,

with respect to a member, the date on which

the member is sworn in.