Page:United States Statutes at Large Volume 106 Part 5.djvu/712

 106 STAT. 4350 PUBLIC LAW 102-569 —OCT. 29, 1992 (C) in clause (iii), by striking "evaluation of rehabilitation potential" and inserting "assessment for determining eligibility and vocational rehabilitation needs described in subparagraphs (A) and (C) of paragraph (22)"; and (2) by striking subparagraph (B) and inserting the following: "(B) For purposes of title VII, the term 'individual with a severe disability* means an individual with a severe physical or mental impairment whose ability to function independently in the family or community or whose ability to obtain, maintain, or advance in employment is substantially limited and for whom the delivery of independent living services will improve the ability to function, continue functioning, or move towards functioning independently in the family or community or to continue in employ- ment, respectively. "(C) For purposes of section 13 and title II, the term 'individual with a severe disability includes an individual described in subparagraph (A) or (B).". (k) STATE. —Section 7(16) (29 U.S.C. 706(16)) is amended to read as follows: "(16) The term 'State* includes, in addition to each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau (until the Compact of Free Association with Palau takes effect).". (1) SUPPORTED EMPLOYMENT.— Section 7(18) (29 U.S.C. 706(18)) is amended to read as follows: "(18)(A) The term 'supported employment' means competitive work in integrated work settings for individuals with the most severe disabilities— "(i)(I) for whom competitive employment has not traditionally occurred; or "(II) for whom competitive employment has been interrupted or intermittent as a result of a severe disability; and "(ii) who, because of the nature and severity of their disability, need intensive supported employment services or extended services in order to perform such work. "(B) Such term includes transitional employment for persons who are individuals with the most severe disabilities due to mental illness. ". (m) PUBLIC OR NONPROFIT.—Section 7(19) (29 U.S.C. 706(19)) is amended to read as follows: "(19) The term 'public or nonprofit', with respect to an agency or organization, includes an Indian tribe.". (n) ADDITIONAL DEFINITIONS. — Section 7 (29 U.S.C. 706) (as amended by subsection (d)(4)) is amended by adding at the end the following new paragraphs: "(22) The term 'assessment for determining eligibility and vocational rehabilitation needs' means, as appropriate in each case— "(A)(i) a review of existing data— "(I) to determine whether an individual is eligible for vocational rehabilitation services; and "(II) to assign the priority described in section 101(a)(5)(A) in the States that use an order of selection pursuant to section 101(a)(5)(A); and

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