NCD Authorizing Statute

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Sec. 780 - Establishment of National Council on Disability

(a) Membership; purpose

1. (1)

(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.

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