national advisory council

national advisory council Sec. 126. (a) Section 133 of the Act is transferred to part A of the Act (as amended by section 125), is redesignated as section 108, and is amended as follows: (1) Subsection (a) of such section is amended to read as follows: “(a) (1) There is established a National Advisory Council on Services and Facilities for the Developmentally Disabled (hereinafter in this section referred to as the ‘Council’) which shall consist of nine ex officio members and sixteen members appointed by the Secretary. The ex officio members of the Council are the Deputy Commissioner of the Bureau of Education for the Handicapped, the Commissioner of Rehabilitation Services Administration, the Administrator of the Social and Rehabilitation Service, the Director of the National Institute of Child Health and Human Development, the Director of the National Institute of Neurological Disease and Stroke, the Director of the National Institute of Mental Health, and three other representatives of the Department, of Health, Education, and Welfare selected by the Secretary. The appointed members of the Council shall be selected from persons who are not full-time employees of the United States and shall be selected without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The appointed members shall be selected from advocates in the field of services to persons with developmental disabilities, including leaders in State or local government, in institutions of higher education, and in organizations which have demonstrated advocacy on behalf of such persons. At least five such members shall be representatives of State or local public or nonprofit private agencies responsible for services to persons with developmental disabilities, and 89 STAT. 500at least five other such members shall be persons with developmental disabilities or the parents or guardians of such persons. “(2) The Secretary shall from time to time designate one of the appointed members to serve as Chairman of the Council. “(3) The Council shall meet at least twice a year. “(4) The Federal Advisory Committee Act shall not apply with respect to the duration of the Council.” (2) Subsection (b) of such section is amended— (A) by inserting “appointed” after “Each”, and (B) by striking out “, and except that” and all that follows in that subsection and inserting in lieu thereof a period and the following: “An individual who has served as a member of the Council may not be reappointed to the Council before two years has expired since the expiration of his last term of office as a member.” (3) Subsection (c) of such section is amended to read as follows: “(c) It shall be the duty and function of the Council to— “(1) advise the Secretary with respect to any regulations promulgated or proposed to be promulgated by the Secretary in the implementation of the provisions of this title; “(2) study and evaluate programs authorized by this title to determine their effectiveness in carrying out the purposes for which they were established; “(3) monitor the development and execution of this title and report directly to the Secretary any delay in the rapid execution of this title; “(4) review grants made under this title and advise the Secretary with respect thereto; and “(5) submit to the Congress annually an evaluation of the efficiency of the administration of the provisions of this title.” (4) Subsection (e) of such section is amended (A) by striking out “Members” and inserting in lieu thereof “Appointed members” and (B) by striking out “they” and inserting in lieu thereof “all of the members”. (b) The amendments made by subsection (a) do not affect the term of office of persons who on the date of the enactment of this Act are members of the National Advisory Council on Services and Facilities for the Developmentally Disabled. The Secretary of Health, Education, and Welfare shall make appointments to such Council in accordance with section 108 of the Act as vacancies occur in the membership of such Council on and after the date of the enactment of this Act. The ex officio members prescribed by section 108 of the Act shall take office as of the date of the enactment of this Act.