Page:United States Statutes at Large Volume 120.djvu/762

 PUBLIC LAW 109–270—AUG. 12, 2006

120 STAT. 731

‘‘(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— ‘‘(1) demonstrates that the formula described in subsection (a) 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. ‘‘SEC. 133. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.

20 USC 2353.

‘‘(a) SPECIAL RULE FOR MINIMAL ALLOCATION.— ‘‘(1) GENERAL AUTHORITY.—Notwithstanding the provisions of sections 131 and 132 and in order to make a more equitable distribution of funds for programs serving the areas of greatest economic need, for any program year for which a minimal amount is made available by an eligible agency for distribution under section 131 or 132, such eligible agency may distribute such minimal amount for such year— ‘‘(A) on a competitive basis; or ‘‘(B) through any alternative method determined by the eligible agency. ‘‘(2) MINIMAL AMOUNT.—For purposes of this section, the term ‘minimal amount’ means not more than 15 percent of the total amount made available for distribution under section 112(a)(1). ‘‘(b) REDISTRIBUTION.— ‘‘(1) IN GENERAL.—In any academic year that an eligible recipient does not expend all of the amounts the eligible recipient is allocated for such year under section 131 or 132, such eligible recipient shall return any unexpended amounts to the eligible agency to be reallocated under section 131 or 132, as appropriate. ‘‘(2) REDISTRIBUTION OF AMOUNTS RETURNED LATE IN AN ACADEMIC YEAR.—In any academic year in which amounts are returned to the eligible agency under section 131 or 132 and the eligible agency is unable to reallocate such amounts according to such sections in time for such amounts to be expended in such academic year, the eligible agency shall retain such amounts for distribution in combination with amounts provided under section 112(a)(1) for the following academic year. ‘‘(c) CONSTRUCTION.—Nothing in section 131 or 132 shall be construed— ‘‘(1) to prohibit a local educational agency or a consortium thereof that receives assistance under section 131, from working with an eligible institution or consortium thereof that receives assistance under section 132, to carry out career and technical

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