29 U.S.C. § 790 — Repealed. Pub. L. 102–569, title V, § 502(a),

Page 286 TITLE 29—LABOR § 784 § 503, Oct. 21, 1986, 100 Stat. 1810, 1829; Pub. L. 100–630, title II, § 205(e), Nov. 7, 1988, 102 Stat. 3310; Pub. L. 102–569, title I, § 102(p)(28), title IV, § 404, Oct. 29, 1992, 106 Stat. 4360, 4423; Pub. L. 103–73, title I, § 111, Aug. 11, 1993, 107 Stat. 727, related to National Council staff, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 783, Pub. L. 93–112, title IV, § 403, Sept. 26, 1973, 87 Stat. 387; Pub. L. 93–516, title I, § 108, Dec. 7, 1974, 88 Stat. 1619; Pub. L. 93–651, title I, § 108, Nov. 21, 1974, 89 Stat. 2–4; Pub. L. 94–230, §§ 8, 11(b)(11), Mar. 15, 1976, 90 Stat. 212, 213, authorized ap- propriations to conduct program and project evalua- tions, prior to repeal by Pub. L. 95–602, § 117. § 784. Administrative powers of National Council (a) Bylaws and rules The National Council may prescribe such by- laws and rules as may be necessary to carry out its duties under this subchapter. (b) Hearings 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) Advisory committees 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) Use of mails The National Council may use the United States mails in the same manner and upon the same conditions as other departments and agen- cies of the United States. (e) Use of services, personnel, information, and facilities The National Council may use, with the con- sent of the agencies represented on the Inter- agency Disability Coordinating Council, and as authorized in subchapter V, such services, per- sonnel, information, and facilities as may be needed to carry out its duties under this sub- chapter, with or without reimbursement to such agencies. (Pub. L. 93–112, title IV, § 404, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1201.) Editorial Notes PRIOR PROVISIONS A prior section 784, Pub. L. 93–112, title IV, § 404, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2979; amended Pub. L. 102–569, title IV, § 405, Oct. 29, 1992, 106 Stat. 4423, related to administrative powers of National Council, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 784, Pub. L. 93–112, title IV, § 404, Sept. 26, 1973, 87 Stat. 387, directed Secretary to submit annual reports to the President and to Congress on activities carried out under this chapter, prior to re- peal by Pub. L. 95–602, § 117. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees. § 785. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter $3,186,000 for fiscal year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for fiscal year 2017, $3,581,000 for fiscal year 2018, $3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year 2020. (Pub. L. 93–112, title IV, § 405, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1202; amended Pub. L. 113–128, title IV, § 453, July 22, 2014, 128 Stat. 1675.) Editorial Notes PRIOR PROVISIONS A prior section 785, Pub. L. 93–112, title IV, § 405, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2979; amended Pub. L. 99–506, title V, § 504, Oct. 21, 1986, 100 Stat. 1829; Pub. L. 102–52, § 5, June 6, 1991, 105 Stat. 262; Pub. L. 102–569, title IV, § 406, Oct. 29, 1992, 106 Stat. 4423, authorized appropriations, prior to the general amendment of this subchapter by Pub. L. 105–220. Another prior section 785, Pub. L. 93–112, title IV, § 405, Sept. 26, 1973, 87 Stat. 388; Pub. L. 93–516, title I, §§ 109, 111(m), Dec. 7, 1974, 88 Stat. 1619, 1621; Pub. L. 93–651, title I, §§ 109, 111(m), Nov. 21, 1974, 89 Stat. 2–4, 2–6; Pub. L. 94–230, §§ 9, 11(b)(12), Mar. 15, 1976, 90 Stat. 212, 213, specified certain responsibilities of the Sec- retary, prior to repeal by Pub. L. 95–602, § 117. Prior sections 786 and 787 were repealed by Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2977. Section 786, Pub. L. 93–112, title IV, § 406, Sept. 26, 1973, 87 Stat. 389; S. Res. 4, Feb. 4, 1977, provided that the Secretary conduct a study on the role of sheltered workshops in the rehabilitation and employment of handicapped individuals and report the results of this study to Congress within twenty-four months after Sept. 26, 1973. Section 787, Pub. L. 93–112, title IV, § 407, Sept. 26, 1973, 87 Stat. 389, provided that the Secretary conduct a study on allotment of funds among the States for grants for basic vocational rehabilitation and report the results of this study to Congress not later than June 30, 1974. AMENDMENTS 2014—Pub. L. 113–128 substituted ‘‘$3,186,000 for fiscal year 2015, $3,432,000 for fiscal year 2016, $3,503,000 for fis- cal year 2017, $3,581,000 for fiscal year 2018, $3,665,000 for fiscal year 2019, and $3,743,000 for fiscal year 2020.’’ for ‘‘such sums as may be necessary for each of the fiscal years 1999 through 2003.’’ SUBCHAPTER V—RIGHTS AND ADVOCACY § 790. Repealed. Pub. L. 102–569, title V, § 502(a), Oct. 29, 1992, 106 Stat. 4424 Section, Pub. L. 93–112, title V, § 500, Sept. 26, 1973, 87 Stat. 390, related to effects on existing law, references in other provisions, availability of unexpended appro- priations, savings provision, and extension of appro- priations. Page 287 TITLE 29—LABOR § 791 1 See References in Text note below. § 791. Employment of individuals with disabil- ities (a) Interagency Committee on Employees who are Individuals with Disabilities; establish- ment; membership; co-chairmen; availability of other Committee resources; purpose and functions There is established within the Federal Gov- ernment an Interagency Committee on Employ- ees who are Individuals with Disabilities (here- inafter in this section referred to as the ‘‘Com- mittee’’), comprised of such members as the President may select, including the following (or their designees whose positions are Execu- tive Level IV or higher): the Chairman of the Equal Employment Opportunity Commission (hereafter in this section referred to as the ‘‘Commission’’), the Director of the Office of Personnel Management, the Secretary of Vet- erans Affairs, the Secretary of Labor, the Sec- retary of Education, and the Secretary of Health and Human Services. Either the Director of the Office of Personnel Management and the Chair- man of the Commission shall serve as co-chair- persons of the Committee or the Director or Chairman shall serve as the sole chairperson of the Committee, as the Director and Chairman jointly determine, from time to time, to be ap- propriate. The resources of the President’s Dis- ability Employment Partnership Board and the President’s Committee for People with Intellec- tual Disabilities shall be made fully available to the Committee. It shall be the purpose and func- tion of the Committee (1) to provide a focus for Federal and other employment of individuals with disabilities, and to review, on a periodic basis, in cooperation with the Commission, the adequacy of hiring, placement, and advancement practices with respect to individuals with dis- abilities, by each department, agency, and in- strumentality in the executive branch of Gov- ernment and the Smithsonian Institution, and to insure that the special needs of such individ- uals are being met; and (2) to consult with the Commission to assist the Commission to carry out its responsibilities under subsections (b), (c), and (d) of this section. On the basis of such re- view and consultation, the Committee shall pe- riodically make to the Commission such rec- ommendations for legislative and administra- tive changes as it deems necessary or desirable. The Commission shall timely transmit to the appropriate committees of Congress any such recommendations. (b) Federal agencies; affirmative action program plans Each department, agency, and instrumen- tality (including the United States Postal Serv- ice and the Postal Regulatory Commission) in the executive branch and the Smithsonian Insti- tution shall, within one hundred and eighty days after September 26, 1973, submit to the Commis- sion and to the Committee an affirmative action program plan for the hiring, placement, and ad- vancement of individuals with disabilities in such department, agency, instrumentality, or Institution. Such plan shall include a descrip- tion of the extent to which and methods where- by the special needs of employees who are indi- viduals with disabilities are being met. Such plan shall be updated annually, and shall be re- viewed annually and approved by the Commis- sion, if the Commission determines, after con- sultation with the Committee, that such plan provides sufficient assurances, procedures and commitments to provide adequate hiring, place- ment, and advancement opportunities for indi- viduals with disabilities. (c) State agencies; rehabilitated individuals, em- ployment The Commission, after consultation with the Committee, shall develop and recommend to the Secretary for referral to the appropriate State agencies, policies and procedures which will fa- cilitate the hiring, placement, and advancement in employment of individuals who have received rehabilitation services under State vocational rehabilitation programs, veterans’ programs, or any other program for individuals with disabil- ities, including the promotion of job opportuni- ties for such individuals. The Secretary shall en- courage such State agencies to adopt and imple- ment such policies and procedures. (d) Report to Congressional committees The Commission, after consultation with the Committee, shall, on June 30, 1974, and at the end of each subsequent fiscal year, make a com- plete report to the appropriate committees of the Congress with respect to the practices of and achievements in hiring, placement, and advance- ment of individuals with disabilities by each de- partment, agency, and instrumentality and the Smithsonian Institution and the effectiveness of the affirmative action programs required by subsection (b) of this section, together with rec- ommendations as to legislation which have been submitted to the Commission under subsection (a) of this section, or other appropriate action to insure the adequacy of such practices. Such re- port shall also include an evaluation by the Committee of the effectiveness of the activities of the Commission under subsections (b) and (c) of this section. (e) Federal work experience without pay; non- Federal status An individual who, as a part of an individual- ized plan for employment under a State plan ap- proved under this chapter, participates in a pro- gram of unpaid work experience in a Federal agency, shall not, by reason thereof, be consid- ered to be a Federal employee or to be subject to the provisions of law relating to Federal em- ployment, including those relating to hours of work, rates of compensation, leave, unemploy- ment compensation, and Federal employee bene- fits. (f) Standards used in determining violation of section The standards used to determine whether this section has been violated in a complaint alleg- ing nonaffirmative action employment discrimi- nation under this section shall be the standards applied under title I of the Americans with Dis- abilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510,1 of the Americans with Disabilities Act of