 
             CHAPTER 44--VOCATIONAL AND TECHNICAL EDUCATION
 
   SUBCHAPTER I--VOCATIONAL AND TECHNICAL EDUCATION ASSISTANCE TO THE 
                                 STATES
 
                        Part C--Local Provisions
 
Sec. 2352. Distribution of funds for postsecondary vocational 
        and technical education programs
        

(a) Allocation

                           (1) In general

        Except as provided in subsections (b) and (c) of this section 
    and section 2353 of this title, each eligible agency shall 
    distribute the portion of the funds made available under section 
    2322(a)(1) of this title to carry out this section for any fiscal 
    year to eligible institutions or consortia of eligible institutions 
    within the State.

                             (2) Formula

        Each eligible institution or consortium of eligible institutions 
    shall be allocated an amount that bears the same relationship to the 
    portion of funds made available under section 2322(a)(1) of this 
    title to carry out this section for any fiscal year as the sum of 
    the number of individuals who are Federal Pell Grant recipients and 
    recipients of assistance from the Bureau of Indian Affairs enrolled 
    in programs meeting the requirements of section 2355 of this title 
    offered by such institution or consortium in the preceding fiscal 
    year bears to the sum of the number of such recipients enrolled in 
    such programs within the State for such year.

                     (3) Consortium requirements

        (A) In general

            In order for a consortium of eligible institutions described 
        in paragraph (2) to receive assistance pursuant to such 
        paragraph, such consortium shall operate joint projects that--
                (i) provide services to all postsecondary institutions 
            participating in the consortium; and
                (ii) are of sufficient size, scope, and quality to be 
            effective.

        (B) Funds to consortium

            Funds allocated to a consortium formed to meet the 
        requirements of this section shall be used only for purposes and 
        programs that are mutually beneficial to all members of the 
        consortium and shall be used only for programs authorized under 
        this subchapter. Such funds may not be reallocated to individual 
        members of the consortium for purposes or programs benefiting 
        only one member of the consortium.

                             (4) Waiver

        The eligible agency may waive the application of paragraph 
    (3)(A)(i) in any case in which the eligible institution is located 
    in a rural, sparsely populated area.

(b) Waiver for more equitable distribution

    The Secretary may waive the application of subsection (a) of this 
section if an eligible agency submits to the Secretary an application 
for such a waiver that--
        (1) demonstrates that the formula described in subsection (a) of 
    this section does not result in a distribution of funds to the 
    eligible institutions or consortia within the State that have the 
    highest numbers of economically disadvantaged individuals and that 
    an alternative formula will result in such a distribution; and
        (2) includes a proposal for such an alternative formula.

(c) Minimum grant amount

                           (1) In general

        No institution or consortium shall receive an allocation under 
    this section in an amount that is less than $50,000.

                         (2) Redistribution

        Any amounts that are not distributed by reason of paragraph (1) 
    shall be redistributed to eligible institutions or consortia in 
    accordance with this section.

(Pub. L. 88-210, title I, Sec. 132, as added Pub. L. 105-332, Sec. 1(b), 
Oct. 31, 1998, 112 Stat. 3112.)


                            Prior Provisions

    Provisions similar to this section were contained in section 2341a 
of this title, prior to the general amendment of this chapter by Pub. L. 
105-332.
    A prior section 2352, Pub. L. 88-210, title III, Sec. 302, as added 
Pub. L. 98-524, Sec. 1, Oct. 19, 1984, 98 Stat. 2458; amended Pub. L. 
101-392, title III, Sec. 301, Sept. 25, 1990, 104 Stat. 786, related to 
use of funds, prior to the general amendment of this chapter by Pub. L. 
105-332.

                  Section Referred to in Other Sections

    This section is referred to in sections 2302, 2322, 2353 of this 
title.
