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 person-
nel; 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 impair-
ments 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)(l) 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 emplovment.

"(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)