Page:United States Statutes at Large Volume 106 Part 5.djvu/748

 106 STAT. 4386 PUBLIC LAW 102-569 —OCT. 29, 1992 "(d) REPORT TO CONGRESS.— Beginning in fiscal year 1996, the Commissioner shall include in each annual report to the Congress under section 13 an analysis of program performance, including relative State performance, based on the standards and indicators.. (b) TECHNICAL AMENDMENT.— The table of contents relating to the Act is amended by inserting after the item relating to section 105 (as added by section 126(b)) the following: "Sec. 106. Evaluation standards and performance indicators.". SEC. 128. MONITORING AND REVIEW. (a) AMENDMENT. — Part A of title I (29 U.S.C. 720 et seq.) (as amended by sections 126(a) and 127(a)), is further amended by adding at the end the following: 29 USC 727. "SEC. 107. MONITORING AND REVIEW. "(a) IN GENERAL. — "(1) DUTIES.— In carrying out the duties of the Commissioner under this title, the Commissioner shall— "(A) provide for the annual review and periodic onsite monitoring of programs under this title; and "(B) determine whether, in the administration of the State plan, a State is complying substantially with the provisions of such plan and with evaluation standards and performance indicators established under section 106. "(2) PROCEDURES FOR REVIEWS.—In conducting reviews under this section the Commissioner shall consider, at a minimimi— "(A) State policies and procedures; "(B) guidance materials; "(C) decisions resulting. from hearings conducted in accordance with due process; "(D) strategic plans and updates; "(E) plans and reports prepared under section 106(b); "(F) consumer satisfaction surveys described in section 101(a)(32); "(G) information provided by the State Rehabilitation Advisory Council established under section 105; "(H) reports; and "(I) budget and financial management data. "(3) PROCEDURES FOR MONITORING. —In conducting monitoring under this section the Commissioner shall conduct— "(A) on-site visits, including on-site reviews of records to verify that the State is following requirements regarding the order of selection set forth in section 101(a)(5)(A); "(B) public hearings and other strategies for collecting information from the public; "(C) meetings with the State Rehabilitation Advisory Council; "(D) reviews of individual case files, including individualized written rehabilitation programs and ineligibility determinations; and "(E) meetings with rehabilitation counselors and other personnel. (4) AREAS OF INQUIRY.—In conducting the review and monitoring, the Commissioner shall examine— "(A) the eligibility process;

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