Page:United States Statutes at Large Volume 104 Part 1.djvu/816

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104 STAT. 782 PUBLIC LAW 101-392—SEPT. 25, 1990 20 USC 2341b. Disadvantaged persons. that 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 institutions within the State that have the highest numbers of economically disadvantaged individuals and that an alternative formula would result in such a distribution; and "(2) includes a proposal for an alternative formula that may include criteria relating to the number of individuals attending institutions within the State who— "(A) receive need-based postsecondary financial aid provided from public funds; "(B) are members of families participating in the program for aid to families with dependent children under part A of title IV of the Social Security Act; "(C) are enrolled in postsecondary educational institutions that— "(i) are funded by the State; "(ii) do not charge tuition; and "(iii) serve only economically disadvantaged students; "(D) are enrolled in programs serving economically disadvantaged adults; "(E) are participants in programs assisted under the Job Training Partnership Act; or "(F) are recipients of Pell Grants. "(c) MINIMUM GRANT AMOUNT.—(1) No grant provided to any institution under this section shall be for an amount that is less than $50,000. "(2) Any amounts which are not allocated by reason of paragraph (1) shall be redistributed to eligible institutions in accordance with the provisions of this section. "(d) DEFINITION. —For the purposes of this section— "(1) the term 'eligible institution' means an institution of higher education, a local educational agency serving adults, or an area vocational education school serving adults that offers or will offer a program that meets the requirements of section 235 and seeks to receive assistance under this part; "(2) the term 'institution of higher education' has the meaning given that term in section 435(b) of the Higher Education Act of 1965; and "(3) the term Tell Grant recipient' means a recipient of financial aid under subpart 1 of part A of title IV of the Higher Education Act of 1965. "SEC. 233. SPECIAL RULE FOR MINIMAL ALLOCATION. "(a) GENERAL AUTHORITY. — In any fiscal year in which a minimal amount is made available by a State for distribution under section 231 or section 232 such State may, notwithstanding the provisions of section 231 or section 232, as appropriate, in order to result in a more equitable distribution of funds for programs serving the highest numbers of economically disadvantaged individuals, distribute such minimal amount— "(1) on a competitive basis; or "(2) through any alternative method determined by the State. "(b) 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 this part.