Page:United States Statutes at Large Volume 118.djvu/1765

 118 STAT. 1735 PUBLIC LAW 108–364—OCT. 25, 2004 technical assistance funded under section 6 or other means, within 90 days after such determination, to develop a corrective action plan. ‘‘(2) SANCTIONS.—If the entity fails to develop and comply with a corrective action plan described in paragraph (1) during a fiscal year, the entity shall be subject to 1 of the following corrective actions selected by the Secretary: ‘‘(A) Partial or complete termination of funding under the grant program, until the entity develops and complies with such a plan. ‘‘(B) Ineligibility to participate in the grant program in the following year. ‘‘(C) Reduction in the amount of funding that may be used for indirect costs under section 4 for the following year. ‘‘(D) Required redesignation of the lead agency des ignated under section 4(c)(1) or an entity responsible for administering the grant program. ‘‘(3) APPEALS PROCEDURES.—The Secretary shall establish appeals procedures for entities that are determined to be in noncompliance with the applicable requirements of this Act, or have not made substantial progress toward achieving the measurable goals described in subsection (b)(1). ‘‘(4) SECRETARIAL ACTION.—As part of the annual report required under subsection (d), the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. ‘‘(5) PUBLIC NOTIFICATION.—The Secretary shall notify the public, by posting on the Internet website of the Department of Education, of each action taken by the Secretary under paragraph (1) or (2). As a part of such notification, the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action. ‘‘(d) ANNUAL REPORT TO CONGRESS.— ‘‘(1) IN GENERAL.—Not later than December 31 of each year, the Secretary shall prepare, and submit to the President and to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on the activities funded under this Act to improve the access of individuals with disabilities to assistive technology devices and assistive technology services. ‘‘(2) CONTENTS.—Such report shall include— ‘‘(A) a compilation and summary of the information provided by the States in annual progress reports sub mitted under section 4(f); and ‘‘(B) a summary of the State applications described in section 4(d) and an analysis of the progress of the States in meeting the measurable goals established in State applications under section 4(d)(3). ‘‘(e) CONSTRUCTION.—Nothing in this section shall be construed to affect the enforcement authority of the Secretary, another Federal officer, or a court under part D of the General Education Provisions Act (20 U.S.C. 1234 et seq.) or other applicable law. ‘‘(f) EFFECT ON OTHER ASSISTANCE.—This Act may not be con strued as authorizing a Federal or State agency to reduce medical

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