Page:United States Statutes at Large Volume 112 Part 5.djvu/354

 112 STAT. 3112 PUBLIC LAW 105-332—OCT. 31, 1998 "(h) DATA.—The Secretary shall collect information from eligible agencies regarding the specific dollar allocations made available by the eligible agency for vocational and technical education programs under subsections (a), (b), (c), and (d) and how these allocations are distributed to local educational agencies, area vocational and technical education schools, and educational service agencies, within the State in accordance with this section. "(i) SPECIAL RULE. —Each eligible agency distributing funds under this section shall treat a secondary school funded by the Bureau of Indian Affairs within the State as if such school were a local educational agency within the State for the purpose of receiving a distribution under this section. 20 USC 2352. "SEC. 132. DISTRIBUTION OF FUNDS FOR POSTSECONDARY VOCA- TIONAL AND TECHNICAL EDUCATION PROGRAMS. "(a) ALLOCATION. — "(1) IN GENERAL.— Except as provided in subsections (b) and (c) and section 133, each eligible agency shall distribute the portion of the funds made available under section 112(a)(1) 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 112(a)(1) 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 135 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 title. 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) if an eligible agency submits to the Secretary an application for such a waiver that—

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