108 STAT. 78 PUBLIC LAW 103-218—MAR. 9, 1994 (A) in the heading, by striking "PENALTIES" and inserting "CORRECTIVE ACTIONS"; (B) in the matter preceding subparagraph (A), by striking "penalties" and inserting "corrective actions"; (C) by striking "or" at the end of subparagraph (B); (D) by striking the period at the end of subparagraph (C) and inserting "; or"; and (E) by adding at the end the following: "(D) required redesignation of the lead agency, in accordance with subsection (c)."; and (2) in paragraph (3), by striking "subsection (a)(4)" and inserting "subsection (a)(5)". (c) REDESIGNATION. —Section 105 (29 U.S.C. 2215) is amended— (1) by striking subsection (c); and (2) by adding at the end the following: " (c) REDESIGNATION OF LEAD AGENCY.— "(1) MONITORING PANEL. — "(A) APPOINTMENT. —Once a State becomes subject to a corrective action plan pursuant to subsection (b), the Governor of the State, subject to approval by the Secretary, shall appoint, within 30 days after the submission of the plan to the Secretary, a monitoring panel consisting of the following representatives: "(i) The head of the lead agency designated by the Governor. "(ii) 2 representatives from different public or private nonprofit organizations that represent the interests of individuals with disabilities. "(iii) 2 consumers who are users of assistive technology devices and assistive technology services and who are not— "(I) members of the advisory council, if any, of the consumer-responsive comprehensive statewide program of technology-related assistance; or "(II) employees of the State lead agency, "(iv) 2 service providers with knowledge and expertise in assistive technology devices and assistive technology services. "(B) MEMBERSHIP AND CHAIRPERSON.— The monitoring panel shall be ethnically diverse. The panel shall select a chairperson from among the members of the panel. "(C) INFORMATION.— The panel shall receive periodic reports from the State regarding progress in implementing the corrective action plan and shall have the authority to request additional information necessary to determine compliance. "(D) MEETINGS.— The meetings of the panel to determine compliance shall be open to the public (subject to confidentiality concerns) and held at locations that are accessible to individuals with disabilities. "(E) PERIOD. —The panel shall carry out the duties of the panel for the entire period of the corrective action plan, as determined by the Secretary. "(F) FUNDING. — The panel shall be funded by a portion of the funds received by the State under this title, as directed by the Secretary.
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