Page:United States Statutes at Large Volume 106 Part 5.djvu/737

 PUBLIC LAW 102-569—OCT. 29, 1992 106 STAT. 4375 recommendations (including explanations with respect to advice and recommendations that were rejected); and "(iv) the designated State unit transmits to the Council— "(I) all plans, reports, and other information required Reports. under the Act to be submitted to the Commissioner; "(II) all policies, practices, and procedures of general applicability provided to or used by rehabilitation personnel; and "(III) copies of due process hearing decisions, which shall be transmitted in such a manner as to preserve the confidentiality of the participants in the hearings; "(B) an independent commission— "(i) is responsible under State law for overseeing the operation of the designated State agency; "(ii) is consumer-controlled by persons who— "(I) are individuals with physical or mental impairments that substantially limit major life activities; and "(II) represent individuals with a broad range of disabilities; "(iii) includes individuals representing family members, advocates, and authorized representatives of individuals with mental impairments; and "(iv) undertakes the function set forth in section 105(c)(3); or "(C) in the case of a State that, under section 101(a)(l)(A)(i), designates a State agency to administer the part of the State plan under which vocational rehabilitation services are provided for individuals who are blind and designates a separate State agency to administer the remainder of the State plan— "(i) an independent commission is responsible under State law for overseeing both such agencies and meets the requirements of subparagraph (B)(ii); or "(ii)(I) an independent commission is responsible under State law for overseeing the first agency described in this subparagraph and meets the requirements of subparagraph (B)(ii); and "(II) an independent commission is responsible under State law for overseeing the second State agency described in this subparagraph and is required by such State law to be consumer-controlled by individuals who are blind and to represent individuals who are blind.", (t) TECHNICAL AMENDMENT.— Section 101 (29 U.S.C. 721) is amended by striking subsections (c) and (d). SEC. 123. DETERMINATIONS OF ELIGIBILITY AND INDIVIDUALIZED WRITTEN REHABILITATION PROGRAM. (a) ELIGIBILITY.— Section 102(a) (29 U.S.C. 722(a)) is amended to read as follows: "(a)(1) An individual is eligible for assistance under this title if the individual— "(A) is an individual with a disability under section 7(8)(A); and "(B) requires vocational rehabilitation services to prepare for, enter, engage in, or retain gainful employment. "(2) An individual who has a disability or is blind as determined pursuant to title II or title XVI of the Social Security Act (42 U.S.C. 401 et seq. and 1381 et seq.) shall be considered to have— 59-194 O—93 24: QL 3 (Pt. 5)

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