29 U.S.C. § 783

Staff of National Council

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 29 CasesGoogle Scholar

(a) Executive Director; technical and professional employees(1) The Chairperson of the National Council may appoint and remove, without regard to the provisions of title 5 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) Temporary or intermittent services; voluntary and uncompensated services; gifts, etc.; contracts and agreements; official representation and reception(1) The National Council may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5 (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).(2) The National Council may—(A) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;(B) in the name of the Council, solicit, accept, employ, and dispose of, in furtherance of this chapter, 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) Administrative support services

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) Investment of amounts not required for current withdrawals(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) 11 So in original. Probably should be subsection “(b)(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 subchapter.(Pub. L. 93–112, title IV, § 403, as added Pub. L. 105–220, title IV, § 407, Aug. 7, 1998, 112 Stat. 1200.)Editorial NotesPrior Provisions

A prior section 783, Pub. L. 93–112, title IV, § 403, as added Pub. L. 95–602, title I, § 117, Nov. 6, 1978, 92 Stat. 2978; amended Pub. L. 98–221, title I, § 143, Feb. 22, 1984, 98 Stat. 28; Pub. L. 99–506, title I, § 103(d)(2)(C), title V, § 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 appropriations to conduct program and project evaluations, prior to repeal by Pub. L. 95–602, § 117.

Notes of Decisions

Cited in 7 cases (2 in the last 5 years), 1996–2026 · leading case: James B. King, Dir., Off. of Pers. Mgmt. v. Ethel D. Briggs, & Merit Sys. Prot. Bd., 83 F.3d 1384 (Fed. Cir. 1996).

Sort: Relevance Newest Treatment

James B. King, Dir., Off. of Pers. Mgmt. v. Ethel D. Briggs, & Merit Sys. Prot. Bd., 83 F.3d 1384 (Fed. Cir. 1996). · cites it 3× “) (Due Process Amendments), the AJ concluded that “[t]he Board lacks jurisdiction over this appeal because the statutory provision under which [Briggs] was appointed ( 29 U.S.C. § 783 (a)(1)), excluded her appointment from coverage [as an ‘employee’] under 5 U.”

Lal v. Merit Sys. Prot. Bd., 821 F.3d 1376 (Fed. Cir. 2016). “In Briggs , we reviewed 29 U.S.C. § 783 (a)(1), which states that the National Council on Disability (Council) “may appoint, without regard to the provisions of Title 5 governing appointments in the competitive service, or the provisions of chapter 51 and subchapter III of…”

Bennett v. Merit Sys. Prot. Bd., 635 F.3d 1215 (Fed. Cir. 2011). · cites it 2× “The petitioner in Briggs was appointed Executive Director of the National Council on Disability pursuant to 29 U.S.C. § 783 (a)(1), an authority that, at that time, was silent as to the National Council’s removal power over that position.”

Jane Malloy v. Dep't of State, 2022 MSPB 14 (MSPB 2022). “3d at 1388 (finding that an appointment under 29 U.S.C. § 783 (a)(1) made “without regard to the provisions of Title 5 governing appointments in the competitive service, or the provisions .”

Bennett v. Merit Sys. Prot. Bd. (Fed. Cir. 2011). · cites it 2× “The petitioner in Briggs was appointed Executive Director of the National Council on Disability pursuant to 29 U.S.C. § 783 (a)(1), an authority that, at that time, was silent as to the National Council’s removal power over that posi- tion.”

Denise Davis v. Dep't of Def. (MSPB 2026). “1996) (finding that, because 29 U.S.C. § 783 (a)(1) (1994) gave the National Council on Disability the option of disregarding only certain parts of Title 5 which did not include removal protections or the definition of employee in section 7511, it did not exempt the Executive…”

Corretta Leola Young v. U.S. Tax Court (MSPB 2015). “In Briggs, the appellant was appointed under 29 U.S.C. § 783 , “without regard to the provisions of Title 5 governing appointments in the competitive service.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.