Excerpt from the Rehabilitation Act Amendments of 1998


  SEC. 407. NATIONAL COUNCIL ON DISABILITY.

      Title IV of the Rehabilitation Act of 1973 (29 U.S.C. 780 et seq.) is
  amended to read as follows:


                    "TITLE IV--NATIONAL COUNCIL ON DISABILITY


                "ESTABLISHMENT OF NATIONAL COUNCIL ON DISABILITY

      "Sec. 400. (a)(1)(A) There is established within the Federal Government a
  National Council on Disability (hereinafter in this title 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, parents or guardians of individuals with disabilities, or other
  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. 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)(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 the date of enactment of the Rehabilitation, Comprehensive Services,
  and Developmental Disabilities Amendments of 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 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) 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) Eight members of the National Council shall constitute a quorum and
  any vacancy in the National Council shall not affect its power to function.


                           "DUTIES OF NATIONAL COUNCIL

      "Sec. 401. (a) The National Council shall--

          "(1) provide advice to the Director with respect to the policies and
      conduct of the National Institute on Disability and Rehabilitation
      Research, including ways to improve research concerning individuals 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 Secretary of the Department of Education, and the
      Director of the National Institute on Disability and Rehabilitation
      Research on the development of the programs to be carried out under this
      Act;

          "(4) provide advice regarding priorities for the activities of the
      Interagency Disability Coordinating Council and review the
      recommendations 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 integration, independence,
      and productivity of individuals with disabilities;

          "(5) review and evaluate on a continuing basis--

              "(A) policies, programs, practices, and procedures concerning
          individuals with disabilities conducted or assisted by Federal
          departments and agencies, including programs established or assisted
          under this Act or under the Developmental Disabilities Assistance and
          Bill of Rights Act; and

              "(B) all statutes and regulations pertaining to Federal programs
          which assist such individuals with disabilities;

      in order to assess the effectiveness of such policies, programs,
      practices, procedures, statutes, and regulations in meeting the needs of
      individuals with disabilities;

          "(6) assess the extent to which such policies, programs, practices,
      and procedures facilitate or impede the promotion of the policies set
      forth in subparagraphs (A) and (B) of section 400(a)(2);

          "(7) gather information about the implementation, effectiveness, and
      impact of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
      seq.);

          "(8) make recommendations to the President, the Congress, the
      Secretary, the Director of the National Institute on Disability and
      Rehabilitation Research, and other officials of Federal agencies or other
      Federal entities, respecting ways to better promote the policies set
      forth in section 400(a)(2);

          "(9) provide to the Congress on a continuing basis advice,
      recommendations, legislative proposals, and any additional information
      that the National Council or the Congress deems appropriate; and

          "(10) review and evaluate on a continuing basis new and emerging
      disability policy issues affecting individuals with disabilities at the
      Federal, State, and local levels, and in the private sector, including
      the need for and coordination of adult services, access to personal
      assistance services, school reform efforts and the impact of such efforts
      on individuals with disabilities, access to health care, and policies
      that operate as disincentives for the individuals to seek and retain
      employment.

      "(b)(1) Not later than October 31, 1998, and annually thereafter, the
  National Council shall prepare and submit to the President and the
  appropriate committees of the Congress a report entitled 'National Disability
  Policy: A Progress Report'.

      "(2) The report shall assess the status of the Nation in achieving the
  policies set forth in section 400(a)(2), with particular focus on the new and
  emerging issues impacting on the lives of individuals with disabilities. The
  report shall present, as appropriate, available data on health, housing,
  employment, insurance, transportation, recreation, training, prevention,
  early intervention, and education. The report shall include recommendations
  for policy change.

      "(3) In determining the issues to focus on and the findings, conclusions,
  and recommendations to include in the report, the National Council shall seek
  input from the public, particularly individuals with disabilities,
  representatives of organizations representing a broad range of individuals
  with disabilities, and organizations and agencies interested in individuals
  with disabilities.


                    "COMPENSATION OF NATIONAL COUNCIL MEMBERS

      "Sec. 402. (a) Members of the National Council shall be entitled to
  receive compensation at a rate equal to the rate of pay for level 4 of the
  Senior Executive Service Schedule under section 5382 of title 5, United
  States Code, including travel time, for each day they are engaged in the
  performance of their duties as members of the National Council.

      "(b) Members of the National Council who are full-time officers or
  employees of the United States shall receive no additional pay on account of
  their service on the National Council except for compensation for travel
  expenses as provided under subsection (c) of this section.

      "(c) While away from their homes or regular places of business in the
  performance of services for the National Council, members of the National
  Council shall be allowed travel expenses, including per diem in lieu of
  subsistence, in the same manner as persons employed intermittently in the
  Government service are allowed expenses under section 5703 of title 5, United
  States Code.


                           "STAFF OF NATIONAL COUNCIL

      "Sec. 403. (a)(1) The Chairperson of the National Council may appoint and
  remove, without regard to the provisions of title 5, United States Code,
  governing appointments, the provisions of chapter 75 of such title (relating
  to adverse actions), the provisions of chapter 77 of such title (relating to
  appeals), or the provisions of chapter 51 and subchapter III of chapter 53 of
  such title (relating to classification and General Schedule pay rates), an
  Executive Director to assist the National Council to carry out its duties.
  The Executive Director shall be appointed from among individuals who are
  experienced in the planning or operation of programs for individuals with
  disabilities.

      "(2) The Executive Director is authorized to hire technical and
  professional employees to assist the National Council to carry out its
  duties.

      "(b)(1) The National Council may procure temporary and intermittent
  services to the same extent as is authorized by section 3109(b) of title 5,
  United States Code (but at rates for individuals not to exceed the daily
  equivalent of the rate of pay for level 4 of the Senior Executive Service
  Schedule under section 5382 of title 5, United States Code).

      "(2) The National Council may--

          "(A) accept voluntary and uncompensated services, notwithstanding the
      provisions of section 1342 of title 31, United States Code;

          "(B) in the name of the Council, solicit, accept, employ, and dispose
      of, in furtherance of this Act, any money or property, real or personal,
      or mixed, tangible or nontangible, received by gift, devise, bequest, or
      otherwise; and

          "(C) enter into contracts and cooperative agreements with Federal and
      State agencies, private firms, institutions, and individuals for the
      conduct of research and surveys, preparation of reports and other
      activities necessary to the discharge of the Council's duties and
      responsibilities.

      "(3) Not more than 10 per centum of the total amounts available to the
  National Council in each fiscal year may be used for official representation
  and reception.

      "(c) The Administrator of General Services shall provide to the National
  Council on a reimbursable basis such administrative support services as the
  Council may request.

      "(d)(1) It shall be the duty of the Secretary of the Treasury to invest
  such portion of the amounts made available under subsection (a)(2)(B) as is
  not, in the Secretary's judgment, required to meet current withdrawals. Such
  investments may be made only in interest-bearing obligations of the United
  States or in obligations guaranteed as to both principal and interest by the
  United States.

      "(2) The amounts described in paragraph (1), and the interest on, and the
  proceeds from the sale or redemption of, the obligations described in
  paragraph (1) shall be available to the National Council to carry out this
  title.


                   "ADMINISTRATIVE POWERS OF NATIONAL COUNCIL

      "Sec. 404. (a) The National Council may prescribe such bylaws and rules
  as may be necessary to carry out its duties under this title.

      "(b) The National Council may hold such hearings, sit and act at such
  times and places, take such testimony, and receive such evidence as it deems
  advisable.

      "(c) The National Council may appoint advisory committees to assist the
  National Council in carrying out its duties. The members thereof shall serve
  without compensation.

      "(d) The National Council may use the United States mails in the same
  manner and upon the same conditions as other departments and agencies of the
  United States.

      "(e) The National Council may use, with the consent of the agencies
  represented on the Interagency Disability Coordinating Council, and as
  authorized in title V, such services, personnel, information, and facilities
  as may be needed to carry out its duties under this title, with or without
  reimbursement to such agencies.


                        "AUTHORIZATION OF APPROPRIATIONS

      "Sec. 405. There are authorized to be appropriated to carry out this
  title such sums as may be necessary for each of the fiscal years 1999 through
  2003.".

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