Page:United States Statutes at Large Volume 118.djvu/1744

 118 STAT. 1714 PUBLIC LAW 108–364—OCT. 25, 2004 ‘‘(19) UNIVERSAL DESIGN.—The term ‘universal design’ means a concept or philosophy for designing and delivering products and services that are usable by people with the widest possible range of functional capabilities, which include products and services that are directly accessible (without requiring assistive technologies) and products and services that are inter operable with assistive technologies. ‘‘SEC. 4. STATE GRANTS FOR ASSISTIVE TECHNOLOGY. ‘‘(a) GRANTS TO STATES.—The Secretary shall award grants under subsection (b) to States to maintain comprehensive statewide programs of technology related assistance to support programs that are designed to maximize the ability of individuals with disabilities across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and authorized representatives, to obtain assistive technology, and that are designed to increase access to assistive technology. ‘‘(b) AMOUNT OF FINANCIAL ASSISTANCE.— ‘‘(1) IN GENERAL.—From funds made available to carry out this section, the Secretary shall award a grant to each eligible State and eligible outlying area from an allotment determined in accordance with paragraph (2). ‘‘(2) CALCULATION OF STATE GRANTS.— ‘‘(A) BASE YEAR.—Except as provided in subparagraphs (B) and (C), the Secretary shall allot to each State and outlying area for a fiscal year an amount that is not less than the amount the State or outlying area received under the grants provided under section 101 of this Act (as in effect on the day before the date of enactment of the Assistive Technology Act of 2004) for fiscal year 2004. ‘‘(B) RATABLE REDUCTION.— ‘‘(i) IN GENERAL.—If funds made available to carry out this section for any fiscal year are insufficient to make the allotments required for each State and outlying area under subparagraph (A) for such fiscal year, the Secretary shall ratably reduce the allotments for such fiscal year. ‘‘(ii) ADDITIONAL FUNDS.—If, after the Secretary makes the reductions described in clause (i), additional funds become available to carry out this section for the fiscal year, the Secretary shall ratably increase the allotments, until the Secretary has allotted the entire base year amount. ‘‘(C) HIGHER APPROPRIATION YEARS.—Except as pro vided in subparagraph (D), for a fiscal year for which the amount of funds made available to carry out this section is greater than the base year amount, the Secretary shall— ‘‘(i) make the allotments described in subparagraph (A); ‘‘(ii) from a portion of the remainder of the funds after the Secretary makes the allotments described in clause (i), the Secretary shall— ‘‘(I) from 50 percent of the portion, allot to each State or outlying area an equal amount; and ‘‘(II) from 50 percent of the portion, allot to each State or outlying area an amount that bears the same relationship to such 50 percent as the 29 USC 3003.

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