Page 273 TITLE 29—LABOR § 781

(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.

(c) Chairperson; meetings

The President shall designate the Chairperson

from among the members appointed to the National Council. The National Council shall meet

at the call of the Chairperson, but not less often

than four times each year.

(d) Quorum; vacancies

Eight members of the National Council shall

constitute a quorum and any vacancy in the National Council shall not affect its power to function.

(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.)

PRIOR PROVISIONS

A prior section 780, Pub. L. 93–112, title IV, §400, Sept.

26, 1973, 87 Stat. 385, related to general administrative

powers of Secretary under this chapter, prior to repeal

by Pub. L. 95–602, §117.

AMENDMENTS

1992—Subsec. (a)(1). Pub. L. 102–569, §401(a)(1), designated first sentence as subpar. (A), added subpars. (B)

and (C), in last sentence substituted ‘‘A majority of the

members of the National Council’’ for ‘‘At least five

members of the National Council’’, and inserted at end

‘‘The members of the National Council shall be broadly

representative of minority and other individuals and

groups.’’

Pub. L. 102–569, §102(p)(26), substituted ‘‘disabilities’’

for ‘‘handicaps’’ wherever appearing.

Subsec. (a)(2). Pub. L. 102–569, §401(a)(2), added par. (2)

and struck out former par. (2) which read as follows:

‘‘The purpose of the National Council is to promote the

full integration, independence, and productivity of individuals with disabilities in the community, schools,

the workplace and all other aspects of American life.’’

Pub. L. 102–569, §102(p)(26), substituted ‘‘disabilities’’

for ‘‘handicaps’’.

Subsec. (b)(1), (2). Pub. L. 102–569, §401(b), added pars.

(1) and (2) and struck out former pars. (1) and (2) which

read as follows:

‘‘(1) Members of the National Council shall be appointed to serve for terms of three years, except that of

the members first appointed—

‘‘(A) five shall serve for terms of one year,

‘‘(B) five shall serve for terms of two years, and

‘‘(C) five shall serve for terms of three years,

as designated by the President at the time of appointment.

‘‘(2) Members may be reappointed and may serve

after the expiration of their terms until their successors have taken office.’’

1988—Pub. L. 100–630, §205(b)(1), substituted ‘‘on Disability’’ for ‘‘on the Handicapped’’ in section catchline.

Subsec. (a)(1). Pub. L. 100–630, §205(b)(2), substituted

‘‘on Disability’’ for ‘‘on the Handicapped’’, ‘‘concerned

with individuals with handicaps’’ for ‘‘concerned with

the handicapped’’, and ‘‘services to individuals with

handicaps’’ for ‘‘services to the handicapped’’.

Subsec. (a)(2). Pub. L. 100–630, §205(b)(3), substituted

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

1986—Subsec. (a)(1). Pub. L. 99–506, §501(1), designated

existing provisions as par. (1).

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

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

Subsec. (a)(2). Pub. L. 99–506, §501(2), added par. (2).

Subsec. (b)(3). Pub. L. 99–506, §1001(e)(1), substituted

‘‘such member’s predecessor’’ for ‘‘his predecessor’’.

Subsec. (c). Pub. L. 99–506, §1001(e)(2), substituted

‘‘Chairperson’’ for ‘‘Chairman’’ in two places.

1984—Subsec. (a). Pub. L. 98–221 substituted ‘‘within

the Federal Government’’ for ‘‘with the Department of

Health, Education, and Welfare’’.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 781 of this title.

§ 780a. Independent status of National Council

on the Handicapped

(1) Council as independent agency within Federal Government

Effective on February 22, 1984, the National

Council on the Handicapped shall be an independent agency within the Federal Government

and shall not be an agency within the Department 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 functions 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 Rehabilitation 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 official 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.)

REFERENCES IN TEXT

The Rehabilitation Act of 1973, referred to in par. (2),

is Pub. L. 93–112, Sept. 26, 1973, 87 Stat. 355, as amended,

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 Rehabilitation

Act of 1973 which comprises this chapter.

CHANGE OF NAME

The National Council on the Handicapped was established by section 780 of this title and was redesignated

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) The National Council shall—