Chapter 16, Subchapter IV, Section 780, Subsection (a) · 29 U.S.C. Chapter 16 — VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES

Contents

(a)

(1)Regulation 12(1) (re-employed and rejoining deferred members) shall only apply to a councillor member in respect of any councillor membership where both the former membership and the membership as an active member referred to in that paragraph are councillor membership.

(A)There is established within the Federal Government a National Council on Disability (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 described 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 subparagraph (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, national leaders on disability policy, or other individuals who have substantial knowledge or experience relating to disability policy or issues that affect individuals with disabilities. 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. 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.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 17

Show every defined term

Administrator
means the Administrator of the Administration for Community Living of the Department of Health and Human Services.
alternative means of dispute resolution
means any procedure, including good faith negotiation, conciliation, facilitation, mediation, factfinding, and arbitration, and any combination of procedures, that is used in lieu of litigation in a court or formal adjudication in an administrative forum, to resolve a dispute arising under this section.
American Indian consortium
means a consortium established as described in section 142 1 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6042).
center for independent living
means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency for individuals with significant disabilities (regardless of age or income) that—
consumer control
means, with respect to a center for independent living, that the center vests power and authority in individuals with disabilities, in terms of the management, staffing, decisionmaking, operation, and provisions of services, of the center.
Consumer Price Index
means the Consumer Price Index for All Urban Consumers, published monthly by the Bureau of Labor Statistics.
covered school
means an elementary school or secondary school (as such terms are defined in section 7801 of title 20) or an institution of higher education.
direct services
means vocational rehabilitation services, as described in section 723(a) of this title.
eligible agency
means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency.
eligible client
means an individual with a disability, as defined in section 705(20)(A) of this title, who is not currently receiving services under an individualized plan for employment established through a designated State unit.
eligible system
means a protection and advocacy system that is established under subtitle C of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. 15041 et seq.] and that meets the requirements of subsection (f).
Federal minimum wage
means the rate applicable under section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)).
full term
means a term of 3 years.
older individual who is blind
means an individual age 55 or older whose significant visual impairment makes competitive employment extremely difficult to attain but for whom independent living goals are feasible.
program or activity
means all of the operations of— any part of which is extended Federal financial assistance.
protection and advocacy system
means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
reservation
includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.].