118 STAT. 1715 PUBLIC LAW 108–364—OCT. 25, 2004 population of the State or outlying area bears to the population of all States and outlying areas, until each State has received an allotment of not less than $410,000 and each outlying area has received an allotment of $125,000 under clause (i) and this clause; ‘‘(iii) from the remainder of the funds after the Secretary makes the allotments described in clause (ii), the Secretary shall— ‘‘(I) from 80 percent of the remainder allot to each State an amount that bears the same relationship to such 80 percent as the population of the State bears to the population of all States; and ‘‘(II) from 20 percent of the remainder, allot to each State an equal amount. ‘‘(D) SPECIAL RULE FOR FISCAL YEAR 2005.—Notwith standing subparagraph (C), if the amount of funds made available to carry out this section for fiscal year 2005 is greater than the base year amount, the Secretary may award grants on a competitive basis for periods of 1 year to States or outlying areas in accordance with the require ments of title III of this Act (as in effect on the day before the date of enactment of the Assistive Technology Act of 2004) to develop, support, expand, or administer an alternative financing program. ‘‘(E) BASE YEAR AMOUNT.—In this paragraph, the term ‘base year amount’ means the total amount received by all States and outlying areas under the grants described in subparagraph (A) for fiscal year 2004. ‘‘(c) LEAD AGENCY, IMPLEMENTING ENTITY, AND ADVISORY COUNCIL.— ‘‘(1) LEAD AGENCY AND IMPLEMENTING ENTITY.— ‘‘(A) LEAD AGENCY.— ‘‘(i) IN GENERAL.—The Governor of a State shall designate a public agency as a lead agency— ‘‘(I) to control and administer the funds made available through the grant awarded to the State under this section; and ‘‘(II) to submit the application described in subsection (d) on behalf of the State, to ensure conformance with Federal and State accounting requirements. ‘‘(ii) DUTIES.—The duties of the lead agency shall include— ‘‘(I) preparing the application described in sub section (d) and carrying out State activities described in that application, including making programmatic and resource allocation decisions necessary to implement the comprehensive state wide program of technology related assistance; ‘‘(II) coordinating the activities of the com prehensive statewide program of technology related assistance among public and private enti ties, including coordinating efforts related to entering into interagency agreements, and maintaining and evaluating the program; and
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