Page:United States Statutes at Large Volume 108 Part 1.djvu/329

 PUBLIC LAW 103-230—APR. 6, 1994 108 STAT. 303 disabilities in the State in which such agencies and groups are located. Such representatives shall— "(A) have sufficient authority to engage in policy planning and implementation on behalf of the department, agency, or program such representatives represent; and "(B) recuse themselves from any discussion of grants or contracts for which such representatives' departments, agencies, or programs are grantees or applicants and comply with the conflict of interest policies required under section 122(c)(5)(C). " (4) REPRESENTATION OF INDIVIDUALS WITH DEVELOPMEN- TAL DISABILITIES.— Not less than 50 percent of the membership of each Council shall consist of individuals who are— "(A)(i) individuals with developmental disabilities; "(ii) parents or guardians of children with developmental disabilities; or "(iii) immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves; and "(B) not employees of a State agency that receives funds or provides services under this part, and who are not managing employees (as defined in section 1126(b) of the Social Security Act) of any other entity that receives funds or provides services under this part. " (5) COMPOSITION OF MEMBERSHIP WITH DEVELOPMENTAL DISABILITIES. —Of the members of the Council described in paragraph (4)— "(A) one-third shall be individuals with developmental disabilities as described in paragraph (4)(A)(i); "(B) one-third shall be parents of children with developmental disabilities as described in paragraph (4)(A)(ii), and immediate relatives or guardians of adults with mentally impairing developmental disabilities as described in paragraph (4)(A)(iii); and "(C) one-third shall be a combination of individuals described in paragraph (4)(A). "(6) INSTITUTIONALIZED INDIVIDUALS. — Of the members of the Council described in paragraph (5), at least one shall be an immediate relative or guardian of an institutionalized or previously institutionalized individual with a developmental disability or an individual with a developmental disability who resides or previously resided in an institution. This paragraph shall not apply with respect to a State if such an individual does not reside in that State. "(c) COUNCIL RESPONSIBILITIES. —^A Council, through Council members, staff, consultants, contractors, or subgrantees, shall have the responsibilities described in paragraphs (1) through (11). " (1) SYSTEMIC CHANGE, CAPACITY BUILDING, AND ADVOCACY ACTIVITIES.— The Council shall serve as an advocate for individuals with developmental disabilities and conduct programs, projects, and activities that carry out the purpose under section 121. "(2) EXAMINATION OF PRIORITY AREAS.— Not less than once every 3 years, the Council shall examine the provision of and need for the four Federal priority areas and an optional State priority area to address, on a statewide and comprehensive basis, urgent needs for services, supports, and other assistance

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