Page:United States Statutes at Large Volume 114 Part 3.djvu/604

 114 STAT. 1702 PUBLIC LAW 106-402—OCT. 30, 2000 reflect the diversity of the State with respect to race and ethnicity. (2) MEMBERSHIP ROTATION. —The Governor shall make appropriate provisions to rotate the membership of the Council. Such provisions shall allow members to continue to serve on the Council until such members' successors are appointed. The Council shall notify the Governor regarding membership requirements of the Council, and shall notify the Governor when vacancies on the Council remain unfilled for a significant period of time. (3) REPRESENTATION OF INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES.— Not less than 60 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 subtitle, and who are not managing employees (as defined in section 1126(b) of the Social Security Act (42 U.S.C. 1320a-5(b)) of any other entity that receives funds or provides services under this subtitle. (4) REPRESENTATION OF AGENCIES AND ORGANIZATIONS.— (A) IN GENERAL. —Each Council shall include— (i) representatives of relevant State entities, including— (I) State entities that administer funds provided under Federal laws related to individuals with disabilities, including the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.), and titles V and XIX of the Social Security Act (42 U.S.C. 701 et seq. and 1396 et seq.); (II) Centers in the State; and (III) the State protection and advocacy system; and (ii) representatives, at all times, of local and nongovernmental agencies, and private nonprofit groups concerned with services for individuals with developmental disabilities in the State in which such agencies and groups are located. (B) AUTHORITY AND LIMITATIONS. — The representatives described in subparagraph (A) shall— (i) have sufficient authority to engage in policy planning and implementation on behalf of the department, agency, or program such representatives represent; and (ii) recuse themselves from any discussion of grants or contracts for which such representatives' departments, agencies, or programs are grantees, contractors, or applicants and comply with the conflict

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