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US (United States) Code. Title 42. Chapter 34: Economic opportunity program

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-CITE-

42 USC CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

-HEAD-

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

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Sec.

2701 to 2703. Repealed or Omitted.

2704. Discontinued Job Corps centers; utilization for

special youth programs.

2705, 2706. Repealed.

2707. Authorization of appropriations.

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

PART A - RESEARCH, DEMONSTRATION, AND PILOT PROECTS

2711 to 2729. Repealed.

PART B - WORK AND TRAINING FOR YOUTH AND ADULTS

2731 to 2749. Repealed or Omitted.

PART C - FEDERAL WORK-STUDY PROGRAMS

2751. Purpose; appropriations authorized.

(a) Purpose.

(b) Authorization of appropriations.

2752. Allocation of funds.

(a) Allocation based on previous allocation.

(b) Allocation of excess based on share of excess

eligible amounts.

(d) Reallocation of excess allocations.

(e) Filing deadlines.

2753. Grants for Federal work-study programs.

(a) Agreements required.

(b) Contents of agreements.

(d) Tutoring and literacy activities.

2754. Sources of matching funds.

2755. Flexible use of funds.

(a) Carry-over authority.

(b) Carry-back authority.

2756. Job location and development programs.

(a) Agreements required.

(b) Contents of agreements.

2756a. Additional funds to conduct community service

work-study programs.

2756b. Work colleges.

(a) Purpose.

(b) Source and use of funds.

(d) Match required.

(e) Definitions.

(f) Authorization of appropriations.

2757. Repealed.

PART D - SPECIAL IMPACT PROGRAMS

2761 to 2768. Omitted or Repealed.

PART E - SPECIAL WORK AND CAREER DEVELOPMENT PROGRAMS

2769 to 2769f. Repealed.

PART F - DURATION OF PROGRAMS

2771. Repealed.

SUBCHAPTER II - URBAN AND RURAL COMMUNITY ACTION PROGRAMS

2781. Repealed.

PART A - COMMUNITY ACTION AGENCIES AND PROGRAMS

2782 to 2797. Omitted or Repealed.

PART B - FINANCIAL ASSISTANCE TO COMMUNITY ACTIONS PROGRAMS AND

RELATED ACTIVITIES

2801 to 2815. Repealed.

PART C - SUPPLEMENTAL PROGRAMS AND ACTIVITIES

2821 to 2830. Omitted or Repealed.

PART D - GENERAL AND TECHNICAL PROVISIONS

2831 to 2837. Omitted or Repealed.

SUBCHAPTER III - SPECIAL PROGRAMS TO COMBAT POVERTY IN RURAL AREAS

PART A - RURAL LOAN PROGRAM

2841, 2851 to 2856. Repealed.

PART B - ASSISTANCE FOR MIGRANT, AND OTHER SEASONALLY EMPLOYED

FARMWORKERS AND THEIR FAMILIES

2861 to 2865. Repealed.

PART C - DURATION OF PROGRAM

2871. Repealed.

PART D - INDEMNITY PAYMENTS TO DAIRY FARMERS

2881. Repealed.

SUBCHAPTER IV - ASSISTANCE FOR MIGRANT AND OTHER SEASONALLY

EMPLOYED FARMWORKERS AND THEIR FAMILIES

2901 to 2907. Repealed.

SUBCHAPTER V - HEADSTART AND FOLLOW THROUGH

2921 to 2925. Repealed or Omitted.

PART A - HEADSTART PROGRAMS

2928 to 2928n. Repealed or Omitted.

PART B - FOLLOW THROUGH PROGRAMS

2929 to 2929c. Repealed.

PART C - GENERAL PROVISIONS

2930 to 2930f. Repealed.

PART D - DAY CARE PROJECTS

2931 to 2933. Repealed.

SUBCHAPTER VI - ADMINISTRATION AND COORDINATION

PART A - ADMINISTRATION

2941 to 2951, 2961 to 2971g. Repealed.

PART B - COORDINATION

2972 to 2980. Repealed.

SUBCHAPTER VII - COMMUNITY ECONOMIC DEVELOPMENT

2981 to 2981c. Repealed.

PART A - URBAN AND RURAL SPECIAL IMPACT PROGRAMS

2982 to 2982d. Repealed or Omitted.

PART B - SPECIAL RURAL PROGRAMS

2983 to 2983b. Repealed.

PART C - DEVELOPMENT LOANS TO COMMUNITY ECONOMIC DEVELOPMENT

PROGRAMS

2984 to 2984b. Repealed or Omitted.

PART D - SUPPORTIVE PROGRAMS AND ACTIVITIES

2985 to 2985g. Repealed.

SUBCHAPTER VIII - NATIVE AMERICAN PROGRAMS

2991. Short title.

2991a. Congressional statement of purpose.

2991b. Financial assistance for Native American projects.

(a) Authorization for financial assistance to

public and nonprofit agencies; consultation

with other Federal agencies to avoid

duplication.

(b) Limitations of financial assistance;

exceptions; non-Federal contributions.

for, activities previously carried out without

Federal assistance; waiver; nonreservation

areas.

(d) Grants to improve tribal regulation of

environmental quality

2991b-1. Loan fund; demonstration project.

(a) Grant to Office of Hawaiian Affairs to

establish revolving loan fund; purposes of

fund; administrative costs; matching funds.

(b) Loans or loan guarantees to borrowers;

determinations; term; interest rate; default

and collection procedures; prohibition on

self-lending.

uncollectability of such loans; instructions

by Commissioner.

(d) Payment of administrative costs; management and

technical assistance.

(e) Regulations.

(f) Authorization of appropriations; investment in

obligations of United States.

(g) Reports to Congress; contents.

2991b-2. Establishment of Administration for Native Americans.

(a) Establishment.

(b) Commissioner.

(d) Intra-Departmental Council on Native American

Affairs.

(e) Staffing levels.

2991b-3. Grant program to ensure survival and continuing

vitality of Native American languages.

(a) Authority to award grants.

(b) Purposes for which grants may be used.

(d) Participating organizations.

(e) Limitations on funding.

(f) Administration.

2991c. Technical assistance and training.

2991d. Research, demonstration, and pilot projects.

2991d-1. Panel review of applications for assistance.

(a) Establishment of formal panel; members.

(b) Duties of panel.

information required.

2991e. Announcement of research, demonstration, or pilot

projects.

2991f. Submission of plans to State and local officials.

(a) Submission to governing body of Indian

reservation or Alaska Native village.

(b) Notification to chief executive officer of

State or Territory.

political subdivision.

2991g. Records and audits.

2991h. Appeals, notice, and hearing.

2992. Evaluation of projects.

(a) Description and measurement of project impact,

effectiveness, and structure and mechanisms

for delivery of services; frequency of

evaluations.

(b) General standards for evaluation.

(d) Specificity of views.

(e) Publication of results; submission to Congress.

(f) Evaluation results as United States property.

2992-1. Annual report.

2992a. Labor standards.

2992a-1. Staff.

2992b. Administration.

2992b-1. Additional requirements applicable to rulemaking.

(a) In general.

(b) Interpretative rule or general statement of

policy; waiver of notice and public procedure

regarding any other rule.

policy.

(d) Statutory citation required.

(e) Rule or general statement of policy necessary

as result of legislation; time for issuance.

(f) Copy of rule or general statement of policy to

Congressional leaders.

2992c. Definitions.

2992d. Authorization of appropriations.

2993 to 2994d. Repealed.

SUBCHAPTER IX - EVALUATION

2995 to 2995d. Repealed or Omitted.

SUBCHAPTER X - LEGAL SERVICES CORPORATION

2996. Congressional findings and declaration of purpose.

2996a. Definitions.

2996b. Legal Services Corporation.

(a) Establishment; purpose.

(b) Principal office; agent for service of process.

2996c. Board of Directors.

(a) Establishment; membership.

(b) Term of office.

of United States.

(d) Chairman.

(e) Removal.

(f) State advisory councils.

(g) Open meetings; applicability of Government in

the Sunshine provisions.

(h) Quarterly meetings.

2996d. Officers and employees.

(a) Appointment of president; outside compensation

of officers prohibited; terms.

(b) Power of president to appoint and remove

employees; nonpartisan appointments.

(d) Compensation.

(e) Officers and employees not deemed officers and

employees of Federal Government; Corporation

not deemed a department, agency, or

instrumentality of Federal Government; review

of annual budget.

(f) Exceptions.

(g) Freedom of information.

2996e. Powers, duties, and limitations.

(a) Powers of nonprofit corporation; additional

powers.

(b) Disciplinary powers; representational

questions; interference with professional

responsibilities of attorneys; bar membership;

restrictions; languages other than English.

activities.

(d) Miscellaneous prohibitions.

(e) Political activities of Corporation employees

and staff attorneys.

(f) Harassment; malicious abuse of legal process.

2996f. Grants and contracts.

(a) Requisites.

(b) Limitations on uses.

(d) Program evaluation.

(e) Corporation president authorized to make grants

and enter into contracts.

(f) Public notification.

(g) Staff-attorney program study.

(h) Study and report to Congress on special needs

of eligible clients.

2996g. Records and reports.

(a) Authority to require reports.

(b) Authority to require recordkeeping; access to

records.

contents.

(d) Copies and retention of reports.

(e) Publication in Federal Register of rules,

regulations, guidelines and instructions.

2996h. Audits.

(a) Annual audit; availability of records; filing

and inspection of report.

(b) Audit by General Accounting Office.

bodies.

(d) Attorney-client privilege.

2996i. Financing.

(a) Authorization of appropriations.

(b) Availability of funds.

(d) Limitations on grant or contract authority.

2996j. Special limitations.

2996k. Coordination.

2996l. Reservation of right to repeal, alter, or amend.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 6861, 8624 of this title;

title 2 section 452; title 5 section 8332; title 12 section 1766;

title 38 section 4213.

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42 USC Sec. 2701 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

-HEAD-

Sec. 2701. Repealed. Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13,

1981, 95 Stat. 519

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Section, Pub. L. 88-452, Sec. 2, Aug. 20, 1964, 78 Stat. 508;

Pub. L. 89-794, title VI, Sec. 614(b), Nov. 8, 1966, 80 Stat. 1472;

Pub. L. 95-568, Sec. 17(a)(1), Nov. 2, 1978, 92 Stat. 2439, set

forth Congressional findings and declaration of purpose for the

Economic Opportunity Act of 1964.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 9912(a) of this title,

prior to the general amendment of chapter 106 (Sec. 9901 et seq.)

of this title by Pub. L. 105-285.

SHORT TITLE OF 1978 AMENDMENT

Section 1 of Pub. L. 95-568 provided: "That this Act [enacting

sections 2716, 2856, 2929b to 2929b-3, 2979a, 2981b, 2981c, and

2995c of this title, amending this section, sections 2712, 2713,

2790, 2791, 2796, 2808, 2809, 2812, 2814, 2823 to 2825, 2828, 2830,

2833 to 2837, 2841, 2855, 2901 to 2906, 2928a to 2928h, 2928l to

2928n, 2929, 2929a, 2932, 2933, 2941 to 2943, 2945, 2946, 2948,

2950, 2951, 2961, 2965, 2970, 2971g, 2973, 2974, 2977, 2982a to

2982c, 2983a, 2984, 2984a, 2985a, 2985e, 2991b, 2991f, 2992b,

2992d, 2995, and 2995a of this title, repealing sections 2829,

2832, 2861 to 2865, 2871, 2929b, 2971, and 2985c-1 of this title,

and enacting provisions set out as notes under this section] may be

cited as the 'Economic Opportunity Amendments of 1978'."

SHORT TITLE OF 1977 AMENDMENT

Pub. L. 95-222, Sec. 1, Dec. 28, 1977, 91 Stat. 1619, provided

that: "This Act [amending sections 2996, 2996c, and 2996e to 2996j

of this title, and enacting provisions set out as notes under

sections 2996, 2996f and 2996i of this title] may be cited as the

'Legal Services Corporation Act Amendments of 1977'."

SHORT TITLE OF 1976 AMENDMENT

Pub. L. 94-341, Sec. 1, July 6, 1976, 90 Stat. 803, provided

that: "This Act [enacting section 2985c-1 of this title, amending

sections 2706, 2707, 2712, 2714, 2781, 2790, 2809, 2812, 2814,

2828, 2829, 2855, 2901, 2902, 2928c, 2928f, 2928l, 2928n, 2930e,

2930f, 2941, 2942, 2943, 2944, 2948, 2951, 2971f, 2971g, 2982a,

2982c, 2984, 2984a, and 2985 to 2985g of this title, enacting

provision set out as a note under this section, and amending

provisions set out as notes under this section and section 2942 of

this title] may be cited as the 'Community Services Act Technical

Amendments of 1976'."

SHORT TITLE OF 1975 AMENDMENTS

Pub. L. 94-43, Sec. 1, June 28, 1975, 89 Stat. 233, provided:

"That this Act [amending section 2756 of this title and section

1615 of Title 20, Education, and enacting provisions set out as

notes under section 2756 of this title and section 1070a of Title

20] may be cited as the 'Emergency Technical Provisions Act'."

Pub. L. 93-644, Sec. 1, Jan. 4, 1975, 88 Stat. 2291, provided:

"That this Act [enacting sections 2706, 2707, 2711 to 2715, 2828 to

2830, 2865, 2928 to 2928n, 2929 to 2929c, 2930 to 2930f, 2971f,

2971g, 2981a, 2981b, 2985a to 2985g, 2991 to 2991h, and 2992 to

2992d of this title, amending sections 2790, 2809, 2812, 2813,

2837, 2862, 2871, 2901, 2902, 2921, 2922, 2923, 2932, 2933, 2941,

2942, 2943, 2945, 2965, 2971d, 2974, 2979, 2981, 2982, 2982a,

2982b, 2982c, 2983, 2983a, 2983b, 2984, 2984a, 2985, 2995, 2995a,

and 2995b of this title, repealing sections 2703, 2705, 2942 note,

and 2949 of this title, and enacting provisions set out as notes

under this section and sections 2706, 2865, and 2981 of this title]

may be cited as the 'Headstart, Economic Opportunity, and Community

Partnership Act of 1974'."

SHORT TITLE OF 1974 AMENDMENT

Pub. L. 93-355, Sec. 1, July 25, 1974, 88 Stat. 378, provided:

"That this Act [enacting subchapter X of this title and section

2971e of this title, amending section 2809 of this title, and

enacting provisions set out as notes under sections 2809 and 2996b

of this title] may be cited as the 'Legal Services Corporation Act

of 1974'."

SHORT TITLE OF 1972 AMENDMENT

Pub. L. 92-424, Sec. 1, Sept. 19, 1972, 86 Stat. 688, provided:

"That this Act [enacting sections 2702b, 2813 to 2815, 2827, 2971b

to 2971d, 2981 to 2985, and 2995 to 2995d of this title, amending

sections 2724, 2742, 2749, 2771, 2791, 2809, 2812, 2824, 2836,

2837, 2862, 2864, 2871, 2907, 2932, 2933, 2943, 2949, 2965, 2966,

2974, 2991, 2992a, 2993, 2993a, 2994b, 2994d, and 3044b of this

title, repealing sections 2763 to 2768 and 2826 of this title, and

enacting provisions set out as notes under sections 2942 and 3044b

of this title] may be cited as the 'Economic Opportunity Amendments

of 1972'."

SHORT TITLE OF 1969 AMENDMENT

Pub. L. 91-177, Sec. 1, Dec. 30, 1969, 83 Stat. 827, provided:

"That this Act [enacting sections 2702a, 2704, 2705, and 2769 to

2769f of this title, amending sections 2771, 2809, 2834, 2837,

2851, 2871, 2907, 2933, 2949, 2965, 2966, 2994b, and 2994d of this

title, and section 8332 of Title 5, Government Officers and

Employees, and enacting provisions set out as notes under this

section and sections 2809, 2834, 2971a and 2994b of this title] may

be cited as the 'Economic Opportunity Amendments of 1969'."

SHORT TITLE OF 1967 AMENDMENT

Pub. L. 90-222, Sec. 1, Dec. 23, 1967, 81 Stat. 672, provided:

"That this Act [enacting sections 2702, 2703, 2723 to 2729, 2737 to

2749, 2763 to 2768, 2795 to 2797, 2808 to 2812, 2823 to 2826, 2832

to 2837, 2862 to 2864, 2906a, 2906b, 2906c, 2931 to 2933, 2946,

2971, 2972 to 2980, 2992, 2992a, 2992b, 2993, 2993a, 2993b, 2994,

2994a, 2994b, 2994c, and 2994d of this title, amending sections

2711 to 2721, 2781, 2790, 2791, 2841, 2851, 2861, 2901, 2902, 2906,

2907, 2921 to 2925, 2941 to 2944, 2949 to 2951, 2961 to 2963, 2966,

2981, and 2991 of this title and section 105 of Title 3, The

President, omitting sections 2722, 2732 to 2736, 2761, 2762, 2782

to 2789, 2792 to 2794, 2821, 2822, 2831, and 2991a to 2991e of this

title, redesignating section 2946 as section 2855 of this title,

and enacting provisions set out as notes under section 2702 of this

title] may be cited as the 'Economic Opportunity Amendments of

1967'."

SHORT TITLE OF 1966 AMENDMENT

Section 1 of Pub. L. 89-794 provided: "That this Act [enacting

sections 2610c, 2721, 2722, 2762, 2771, 2792, 2793, 2794, 2924,

2925, 2951, 2968, 2969, 2970, and 2991 to 2991e of this title,

amending this section, sections 2581, 2583, 2713, 2714, 2716, 2732,

2733, 2734, 2735, 2761, 2782, 2783, 2785, 2786, 2787, 2788, 2802,

2821, 2831, 2851, 2854, 2871, 2881, 2902, 2905, 2906, 2907, 2921,

2922, 2923, 2941, 2942, 2943, 2944, 2945, 2946, 2950, 2961, 2963,

2965, 2966, 2981, and 3161 of this title, and sections 425 and 1077

of Title 20, Education, repealing sections 2731, 2903, and 2904 of

this title, and enacting provisions set out as notes under this

section and section 2981 of this title and section 425 of Title 20]

may be cited as the 'Economic Opportunity Amendments of 1966'."

SHORT TITLE OF 1965 AMENDMENT

Pub. L. 89-253, Sec. 1, Oct. 9, 1965, 79 Stat. 973, provided:

"That this Act [amending sections 2713, 2714, 2716, 2720, 2734,

2735, 2754, 2761, 2782, 2785, 2788, 2789, 2802, 2805, 2807, 2822,

2831, 2851, 2854, 2861, 2871, 2881, 2922, 2923, 2943, 2945, 2965,

and 2966 of this title and section 425 of Title 20, Education, and

enacted sections 2806a, 2950, and 2967 of this title] may be cited

as the 'Economic Opportunity Amendments of 1965'."

SHORT TITLE

Section 1 of Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, which

provided that Pub. L. 88-452, which enacted this chapter, was to be

cited as the "Economic Opportunity Act of 1964", was repealed by

section 683(a) of Pub. L. 97-35.

Section 3, formerly Sec. 101, of Pub. L. 88-452, as added by

section 3 of Pub. L. 93-644, Jan. 4, 1975, 88 Stat. 2292, and

renumbered and amended by Pub. L. 94-341, Sec. 2(a)(1), July 6,

1976, 90 Stat. 803, provided that: "Title I through IX of this Act

[subchapters I through IX of this chapter] may be cited as the

'Community Services Act of 1974'."

Pub. L. 88-452, title X, Sec. 1014, as added by Pub. L. 93-355,

Sec. 2, July 25, 1974, 88 Stat. 389, provided that: "This title

[subchapter X of this chapter] may be cited as the 'Legal Services

Corporation Act'."

STATEMENT OF PURPOSE OF 1978 AMENDMENT

Section 2 of Pub. L. 95-568 provided that: "It is the purpose of

this Act [see Short Title of 1978 Amendment note above] to extend

and revise programs under title I through title IX [subchapter I to

IX of this chapter] of the Economic Opportunity Act of 1964

(hereinafter in this Act referred to as the 'Act')."

-EXEC-

EXECUTIVE ORDER NO. 11470

Ex. Ord. No. 11470, eff. May 26, 1969, 34 F.R. 8227, which made

arrangements for the structure and conduct of a National Voluntary

Action Program, was superseded by Ex. Ord. No. 11603, eff. June 30,

1971, 36 F.R. 12675, set out as a note under section 2501 of Title

22, Foreign Relations and Intercourse. Section 401 of Ex. Ord. No.

11603 which transferred the National Voluntary Action Program to

ACTION as created by Reorg. Plan No. 1 of 1971 was superseded by

section 1-706 of Ex. Ord. No. 12137, May 16, 1979, 44 F.R. 29023,

eff. May 16, 1979, set out as a note under section 2501 of Title

22. For continuation of the National Voluntary Action Program in

ACTION Agency [now Corporation for National and Community Service],

see section 1-501 of Ex. Ord. No. 12137.

-End-

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42 USC Sec. 2702 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

-HEAD-

Sec. 2702. Omitted

-COD-

CODIFICATION

Section, Pub. L. 90-222, Sec. 2, Dec. 23, 1967, 81 Stat. 672,

authorized appropriations for fiscal years 1968 and 1969.

-MISC1-

EFFECTIVE DATE

Section 401 of Pub. L. 90-222 provided that: "The amendments made

by this Act [see Short Title of 1967 Amendment note set out under

section 2701 of this title] shall be in effect immediately upon its

enactment [Dec. 23, 1967], except as provided in this section.

Until June 30, 1968, the provisions of section 202 of the Economic

Opportunity Act of 1964 as in effect immediately prior to the

enactment of this Act [section 2782 of this title] shall apply to

community action agencies in existence and funded prior to the

enactment of this Act [Dec. 23, 1967], except that in any grant or

funding agreement made with such an agency prior to June 30, 1968,

adequate provision shall be made for transfer of functions,

obligations, records, authority, and funds to any community action

agency designated pursuant to sections 210 or 211 of the Economic

Opportunity Act of 1964 as amended by this Act [sections 2790 or

2791 of this title]: Provided, however, That nothing in this Act

shall require the termination before February 1, 1969 of an

existing community action agency or any program assisted under the

Economic Opportunity Act of 1964 [this chapter] prior to the

designation of, and provision of financial assistance to, a

community action agency or other agency established under sections

210 and 211 of the Economic Opportunity Act [sections 2790 and 2791

of this title] as amended by this Act."

ACCESS OF GENERAL ACCOUNTING OFFICE TO GRANTEE'S RECORDS

Pub. L. 91-667, title III, Sec. 301, Jan. 1, 1971, 84 Stat. 2018,

provided in part that: "All grant agreements shall provide that the

General Accounting Office shall have access to the records of the

grantee which bear exclusively upon the Federal grant."

Similar provisions were contained in Pub. L. 91-204, title III,

Sec. 301, Mar. 5, 1970, 84 Stat. 46.

INVESTIGATION AND EVALUATION OF ECONOMIC OPPORTUNITY PROGRAMS BY

THE COMPTROLLER GENERAL; SUBMISSION OF FINAL REPORT BY DECEMBER 1,

1968

Title II of Pub. L. 90-222 authorized the Comptroller General of

the United States to make an investigation in sufficient depth of

programs and activities financed in whole or in part by funds

authorized under this section in order to determine the efficiency

of the administration of such programs and activities by the Office

of Economic Opportunity and by local public and private agencies

carrying out such programs and activities, and the extent to which

such programs and activities achieve the objectives set forth in

the relevant part or title of this chapter which authorizes such

programs or activities, and to transmit his final report to the

Congress not later than Dec. 1, 1968 containing a detailed

statement of his findings and conclusions together with such

recommendations, including recommendations for additional

legislation as he deemed advisable.

-End-

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42 USC Secs. 2702a, 2702b 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

-HEAD-

Secs. 2702a, 2702b. Omitted

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CODIFICATION

Section 2702a, Pub. L. 91-177, title I, Sec. 102, Dec. 30, 1969,

83 Stat. 827, authorized appropriations for fiscal years 1970 and

1971.

Section 2702b, which was based on section 3(a), (b)(1), (3), (c),

(d)(1), (2), (e) of Pub. L. 92-424, Sept. 19, 1972, 86 Stat. 688,

689, authorized appropriations for fiscal years 1973 and 1974.

Subsection (b)(2) of section 2702b, was based on section 3(b)(2)

of Pub. L. 92-424, and related to functions of Secretary of Health,

Education, and Welfare with respect to status of handicapped

children in Headstart program. See section 9835(d) of this title.

-End-

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42 USC Sec. 2703 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

-HEAD-

Sec. 2703. Repealed. Pub. L. 93-644, Sec. 16(b), Jan. 4, 1975, 88

Stat. 2330

-MISC1-

Section, Pub. L. 90-222, title III, Sec. 301, Dec. 23, 1967, 81

Stat. 728, set out criminal provisions covering operations of

antipoverty agencies.

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42 USC Sec. 2704 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

-HEAD-

Sec. 2704. Discontinued Job Corps centers; utilization for special

youth programs

-STATUTE-

(a) Notwithstanding any other provision of law, the Director of

the Office of Economic Opportunity shall establish procedures and

make arrangements which are designed to assure that facilities and

equipment of Job Corps centers which are being discontinued will,

where feasible, be made available for use by State or Federal

agencies and other public or private agencies, institutions, and

organizations with satisfactory arrangements for utilizing such

facilities and equipment for conducting programs, especially those

providing opportunities for low-income disadvantaged youth,

including, without limitation -

(1) special remedial programs;

(2) summer youth programs;

(3) exemplary vocational preparation and training programs;

(4) cultural enrichment programs, including music, the arts,

and the humanities;

(5) training programs designed to improve the qualifications of

educational personnel, including instructors in vocational

educational programs; and

(6) youth conservation work and other conservation programs.

(b) To achieve the objectives of this section, the Director of

the Office of Economic Opportunity shall consult with, elicit the

cooperation of, and utilize the services of the Administrator of

the General Services Administration, and the Secretaries of

Agriculture, of the Interior, and of Labor.

-SOURCE-

(Pub. L. 91-177, title I, Sec. 113, Dec. 30, 1969, 83 Stat. 832;

Pub. L. 93-644, Sec. 9(a), Jan. 4, 1975, 88 Stat. 2310.)

-COD-

CODIFICATION

Section was enacted as part of the Economic Opportunity

Amendments of 1969, and not as part of the Economic Opportunity Act

of 1964 which comprises this chapter.

-MISC1-

OFFICE OF ECONOMIC OPPORTUNITY

Pub. L. 93-644, Sec. 9(a), Jan. 4, 1975, 88 Stat. 2310 [42 U.S.C.

2941], amended the Economic Opportunity Act of 1964 [42 U.S.C. 2701

et seq.] to create the Community Services Administration, an

independent agency in the executive branch, as the successor

authority to the Office of Economic Opportunity, and provided that

references to the Office of Economic Opportunity or to its Director

were deemed to refer to the Community Services Administration or to

its Director. The Community Services Administration was terminated

when the Economic Opportunity Act of 1964, except for titles VIII

and X, was repealed, effective Oct. 1, 1981, by section 683(a) of

Pub. L. 97-35, title VI, Aug. 13, 1981, 95 Stat. 519, which was

classified to section 9912(a) of this title, prior to the general

amendment of chapter 106 (Sec. 9901 et seq.) of this title by Pub.

L. 105-285. An Office of Community Services, headed by a Director,

was established in the Department of Health and Human Services by

section 676 of Pub. L. 97-35, which was classified to section 9905

of this title, prior to the general amendment of chapter 106 of

this title by Pub. L. 105-285. See section 9912 of this title.

-End-

-CITE-

42 USC Sec. 2705 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

-HEAD-

Sec. 2705. Repealed. Pub. L. 93-644, Sec. 16(a), Jan. 4, 1975, 88

Stat. 2330

-MISC1-

Section, Pub. L. 91-177, title I, Sec. 115, Dec. 30, 1969, 83

Stat. 833, provided for withholding of Federal taxes by antipoverty

agencies.

-End-

-CITE-

42 USC Sec. 2706 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

-HEAD-

Sec. 2706. Repealed. Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13,

1981, 95 Stat. 519

-MISC1-

Section, Pub. L. 88-452, Sec. 4, formerly title I, Sec. 102, as

added Pub. L. 93-644, Sec. 3, Jan. 4, 1975, 88 Stat. 2292,

renumbered Sec. 4 and amended Pub. L. 94-341, Sec. 2(a)(2), July 6,

1976, 90 Stat. 803, defined terms applicable to subchapters I to IX

of this chapter.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 9912(a) of this title,

prior to the general amendment of chapter 106 (Sec. 9901 et seq.)

of this title by Pub. L. 105-285.

-End-

-CITE-

42 USC Sec. 2707 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

-HEAD-

Sec. 2707. Authorization of appropriations

-STATUTE-

(a)(1) For the purpose of carrying out subchapters I, II, III,

IV, V, VI, VII, VIII, and IX of this chapter, there are authorized

to be appropriated such sums as may be necessary for each of the

fiscal years 1975 through 1977.

(2) For the purpose of carrying out the programs authorized under

section 2808 of this title there is authorized to be appropriated

$330,000,000 for the fiscal year 1975 and such sums as may be

necessary for each of the two succeeding fiscal years.

(b) Unless the Congress has passed or formally rejected

legislation extending the authorizations of appropriations for

carrying out any subchapter of this chapter specified in subsection

(a) of this section, or adopts a concurrent resolution providing

that the provisions of this subsection shall not apply, the

authorizations of appropriations specified in subsection (a) of

this section are hereby automatically extended for one additional

fiscal year beyond the terminal year specified in this chapter or

in this section.

subchapters I to X of this chapter which are not obligated prior to

the end of the fiscal year for which such funds were appropriated

shall remain available for obligation during the succeeding fiscal

year.

-SOURCE-

(Pub. L. 93-644, Sec. 15, Jan. 4, 1975, 88 Stat. 2329; Pub. L.

94-341, Sec. 3(d), July 6, 1976, 90 Stat. 807.)

-REFTEXT-

REFERENCES IN TEXT

Subchapters I to VII, and IX of this chapter, referred to in

subsecs. (a)(1) and (c), and section 2808 of this title, referred

to in subsec. (a)(2), were repealed by Pub. L. 97-35, title VI,

Sec. 683(a), Aug. 13, 1981, 95 Stat. 519.

-COD-

CODIFICATION

Section was enacted as part of the Headstart, Economic

Opportunity, and Community Partnership Act of 1974, and not as part

of the Economic Opportunity Act of 1964 which comprises this

chapter.

-MISC1-

AMENDMENTS

1976 - Subsec. (a)(2). Pub. L. 94-341, Sec. 3(d)(1), inserted "of

such Act" after "section 221".

Subsec. (c). Pub. L. 94-341, Sec. 3(d)(2), added subsec. (c).

-End-

-CITE-

42 USC SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

-HEAD-

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

-COD-

CODIFICATION

In the original, section 4 of Pub. L. 93-644, Jan. 4, 1975, 88

Stat. 2292, provided in part that "Title I of the Economic

Opportunity Act of 1964 is amended to read as follows: 'Title II -

Research and Demonstrations' ". Section 4 also added sections 101

to 105 to such title II of the Economic Opportunity Act of 1964.

However, title II was subsequently redesignated title I of the Act

by section 2(a)(3) of Pub. L. 94-341, July 6, 1976, 90 Stat. 803,

and classified as subchapter I of this chapter.

-EXEC-

EXECUTIVE ORDER NO. 11330

Ex. Ord. No. 11330, Mar. 5, 1967, 32 F.R. 3871, as amended by Ex.

Ord. No. 11547, July 10, 1970, 35 F.R. 11221; Ex. Ord. No. 12107,

Dec. 28, 1978, 44 F.R. 1055, which established the President's

Council on Youth Opportunity and the Citizens Advisory Board on

Youth Opportunity and provided for their respective memberships,

functions, etc., was revoked by Ex. Ord. No. 12379, Sec. 17, Aug.

17, 1982, 47 F.R. 36100, set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title 5,

Government Organization and Employees.

-MISC1-

AUTHORIZATION OF APPROPRIATIONS FOR PRESIDENT'S COUNCIL ON YOUTH

OPPORTUNITY

Pub. L. 91-176, Dec. 30, 1969, 83 Stat. 826, provided: "That

there is hereby authorized to be appropriated such sums as may be

necessary for the expenses of the President's Council on Youth

Opportunity, established by Executive Order Numbered 11330 of March

5, 1967."

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2707 of this title;

title 20 section 3286; title 29 section 795a.

-End-

-CITE-

42 USC Part A - Research, Demonstration, and Pilot

Projects 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part A - Research, Demonstration, and Pilot Projects

-HEAD-

PART A - RESEARCH, DEMONSTRATION, AND PILOT PROJECTS

-End-

-CITE-

42 USC Secs. 2711 to 2716 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part A - Research, Demonstration, and Pilot Projects

-HEAD-

Secs. 2711 to 2716. Repealed. Pub. L. 97-35, title VI, Sec. 683(a),

Aug. 13, 1981, 95 Stat. 519

-MISC1-

Section 2711, Pub. L. 88-452, title I, Sec. 101, as added Pub. L.

93-644, Sec. 4, Jan. 4, 1975, 88 Stat. 2292, set forth

Congressional statement of purpose for provisions respecting

research and demonstrations.

A prior section 2711, Pub. L. 88-452, title I, Sec. 101, Aug. 20,

1964, 78 Stat. 508; Pub. L. 90-222, title I, Sec. 101, Dec. 23,

1967, 81 Stat. 672, set out Congressional statement of purpose in

enacting Job Corps program, prior to repeal by Pub. L. 93-203,

title VI, Sec. 614, Dec. 28, 1973, 87 Stat. 883.

Section 2712, Pub. L. 88-452, title I, Sec. 102, as added Pub. L.

93-644, Sec. 4, Jan. 4, 1975, 88 Stat. 2293; amended Pub. L.

94-341, Sec. 2(a)(4), July 6, 1976, 90 Stat. 803; Pub. L. 95-568,

Sec. 17(a)(2), Nov. 2, 1978, 92 Stat. 2439, set forth provisions

respecting research, demonstration, and pilot projects.

A prior section 2712, Pub. L. 88-452, title I, Sec. 102, Aug. 20,

1964, 78 Stat. 508; Pub. L. 90-222, title I, Sec. 101, Dec. 23,

1967, 81 Stat. 673, provided for establishment of a Job Corps,

prior to repeal by Pub. L. 93-203, title VI, Sec. 614, Dec. 28,

1973, 87 Stat. 883.

Section 2713, Pub. L. 88-452, title I, Sec. 103, as added Pub. L.

93-644, Sec. 4, Jan. 4, 1975, 88 Stat. 2293; amended Pub. L.

95-568, Sec. 3(a), Nov. 2, 1978, 92 Stat. 2425, related to

consultative requirements.

A prior section 2713, Pub. L. 83-452, title I, Sec. 103, Aug. 20,

1964, 78 Stat. 508; Pub. L. 89-253, Secs. 2, 3, Oct. 9, 1965, 79

Stat. 973; Pub. L. 89-794, title I, Secs. 101, 102, Nov. 8, 1966,

80 Stat. 1451; Pub. L. 90-222, title I, Sec. 101, Dec. 23, 1967, 81

Stat. 673, covered eligibility of individuals for Job Corps, prior

to repeal by Pub. L. 93-203, title VI, Sec. 614, Dec. 28, 1973, 87

Stat. 883.

Section 2714, Pub. L. 88-452, title I, Sec. 104, as added Pub. L.

93-644, Sec. 4, Jan. 4, 1975, 88 Stat. 2293; amended Pub. L.

94-341, Sec. 2(a)(5), July 6, 1976, 90 Stat. 803, related to public

announcement of projects.

A prior section 2714, Pub. L. 88-452, title I, Sec. 104, Aug. 20,

1964, 78 Stat. 509; Pub. L. 80-253, Secs. 4, 5, Oct. 9, 1965, 79

Stat. 973; Pub. L. 89-794, title I, Secs. 103-108, Nov. 8, 1966, 80

Stat. 1452, 1453; Pub. L. 90-222, title I, Sec. 101, Dec. 23, 1967,

81 Stat. 673, provided for screening and selection of applicants

for Job Corps, prior to repeal by Pub. L. 93-203, title VI, Sec.

614, Dec. 28, 1973, 87 Stat. 883.

Section 2715, Pub. L. 88-452, title I, Sec. 105, as added Pub. L.

93-644, Sec. 4, Jan. 4, 1975, 88 Stat. 2294, prohibited Federal

control over curriculum, etc.

A prior section 2715, Pub. L. 88-452, title I, Sec. 105, Aug. 20,

1964, 78 Stat. 509; Pub. L. 90-222, title I, Sec. 101, Dec. 23,

1967, 81 Stat. 674, covered the area of reasonable likelihood of

successful participation by Job Corps enrollees, prior to repeal by

Pub. L. 93-203, title VI, Sec. 614, Dec. 28, 1973, 87 Stat. 883.

Section 2716, Pub. L. 88-452, title I, Sec. 106, as added Pub. L.

95-568, Sec. 3(b), Nov. 2, 1978, 92 Stat. 2425, set forth

authorization of appropriations.

A prior section 2716, Pub. L. 88-452, title I, Sec. 106, Aug. 20,

1964, 78 Stat. 510; Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80

Stat. 662; Pub. L. 90-83, Sec. 10(b), Sept. 11, 1967, 81 Stat. 223;

Pub. L. 90-222, title I, Sec. 101, Dec. 23, 1967, 81 Stat. 674,

related to enrollment and assignment of Job Corps enrollees, prior

to repeal by Pub. L. 93-203, title VI, Sec. 614, Dec. 28, 1973, 87

Stat. 883.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1981, see section 9912(a) of this title,

prior to the general amendment of chapter 106 (Sec. 9901 et seq.)

of this title by Pub. L. 105-285.

-End-

-CITE-

42 USC Secs. 2717 to 2729 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part A - Research, Demonstration, and Pilot Projects

-HEAD-

Secs. 2717 to 2729. Repealed. Pub. L. 93-203, title VI, Sec. 614,

Dec. 28, 1973, 87 Stat. 883

-MISC1-

Section 2717, Pub. L. 88-452, title I, Sec. 107, Aug. 20, 1964,

78 Stat. 511; Pub. L. 90-222, title I, Sec. 101, Dec. 23, 1967, 81

Stat. 675, provided for establishment of Job Corps centers.

Section 2718, Pub. L. 88-452, title I, Sec. 108, Aug. 20, 1964,

78 Stat. 511; Pub. L. 90-222, title I, Sec. 101, Dec. 23, 1967, 81

Stat. 676, covered Job Corps program activities.

Section 2719, Pub. L. 88-452, title I, Sec. 109, Aug. 20, 1964,

78 Stat. 511; Pub. L. 90-222, title I, Sec. 101, Dec. 23, 1967, 81

Stat. 676, covered allowances and support for Job Corps enrollees.

Section 2720, Pub. L. 88-452, title I, Sec. 110, Aug. 20, 1964,

78 Stat. 511; Pub. L. 89-253, Sec. 7, Oct. 9, 1965, 79 Stat. 974;

Pub. L. 90-222, title I, Sec. 101, Dec. 23, 1967, 81 Stat. 677, set

out standards of conduct and discipline for Job Corps enrollees.

Section 2721, Pub. L. 88-452, title I, Sec. 111, as added Pub. L.

89-794, title I, Sec. 110, Nov. 8, 1966, 80 Stat. 1453; amended

Pub. L. 90-222, title I, Sec. 101, Dec. 23, 1967, 81 Stat. 677,

covered community participation in Job Corps activities.

Section 2722, Pub. L. 88-452, title I, Sec. 111-1, as added Pub.

L. 89-794, title I, Sec. 111, Nov. 8, 1966, 80 Stat. 1454, provided

for experimental and demonstration projects and directed Director

to report to Congress no later than Mar. 1, 1968.

Section 2723, Pub. L. 88-452, title I, Sec. 112, as added Pub. L.

90-222, title I, Sec. 101, Dec. 23, 1967, 81 Stat. 678, provided

for counseling and job placement.

Section 2724, Pub. L. 88-452, title I, Sec. 113, as added Pub. L.

90-222, title I, Sec. 101, Dec. 23, 1967, 81 Stat. 679; amended

Pub. L. 92-424, Sec. 27(b)(1), Sept. 19, 1972, 86 Stat. 705,

covered experimental and development projects.

Section 2725, Pub. L. 88-452, title I, Sec. 114, as added Pub. L.

90-222, title I, Sec. 101, Dec. 23, 1967, 81 Stat. 680, covered

advisory boards and committees.

Section 2726, Pub. L. 88-452, title I, Sec. 115, as added Pub. L.

90-222, title I, Sec. 101, Dec. 23, 1967, 81 Stat. 680, covered

participation of States.

Section 2727, Pub. L. 88-452, title I, Sec. 116, as added Pub. L.

90-222, title I, Sec. 101, Dec. 23, 1967, 81 Stat. 681; amended

Pub. L. 90-623, Sec. 5(a), Oct. 22, 1968, 82 Stat. 1315, covered

the application of provisions of Federal law.

Section 2728, Pub. L. 88-452, title I, Sec. 117, as added Pub. L.

90-222, title I, Sec. 101, Dec. 23, 1967, 81 Stat. 682, set out

certain special limitations.

Section 2729, Pub. L. 88-452, title I, Sec. 118, as added Pub. L.

90-222, title I, Sec. 101, Dec. 23, 1967, 81 Stat. 682, prohibited

political discrimination and political activity.

EFFECTIVE DATE OF REPEAL

Section 614 of Pub. L. 93-203 provided that the repeal by that

section is effective with respect to fiscal years after June 30,

1974.

-End-

-CITE-

42 USC Part B - Work and Training for Youth and Adults 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part B - Work and Training for Youth and Adults

-HEAD-

PART B - WORK AND TRAINING FOR YOUTH AND ADULTS

-End-

-CITE-

42 USC Sec. 2731 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part B - Work and Training for Youth and Adults

-HEAD-

Sec. 2731. Repealed. Pub. L. 89-794, title I, Sec. 112(a), Nov. 8,

1966, 80 Stat. 1454

-MISC1-

Section, Pub. L. 88-452, title I, Sec. 111, Aug. 20, 1964, 78

Stat. 512, set out the statement of purpose for the work-training

programs.

-End-

-CITE-

42 USC Secs. 2732 to 2736 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part B - Work and Training for Youth and Adults

-HEAD-

Secs. 2732 to 2736. Omitted

-COD-

CODIFICATION

Sections were omitted in the general amendment of Part B of this

subchapter by Pub. L. 90-222, title I, Sec. 102, Dec. 23, 1967, 81

Stat. 682.

Section 2732, Pub. L. 88-452, title I, Sec. 112, Aug. 20, 1964,

78 Stat. 512; Pub. L. 89-794, title I, Sec. 112(a), Nov. 8, 1966,

80 Stat. 1454, provided for the formulation and implementation of

programs for students of low-income families in need of earnings to

allow them to stay in school and for individuals 16 through 21

years to develop maximum occupational potential.

Section 2733, Pub. L. 88-452, title I, Sec. 113, Aug. 20, 1964,

78 Stat. 512; Pub. L. 89-794, title I, Sec. 112(a), Nov. 8, 1966,

80 Stat. 1454, set out the required conditions to allow payment of

part or all of the costs of programs, including employment on

public or locally sponsored projects, nonpolitical projects, and

rates of pay, prohibited payment of wages for services on

unauthorized projects, and provided for high priority projects.

Section 2734, Pub. L. 88-452, title I, Sec. 114, Aug. 20, 1964,

78 Stat. 513; Pub. L. 89-253, Sec. 8, Oct. 9, 1965, 79 Stat. 974;

Pub. L. 89-794, title I, Sec. 112(b), (c), Nov. 8, 1966, 80 Stat.

1455, covered the eligibility of enrollees in program, Cuban

refugees, non-applicability of Federal employment laws, and the use

of public agencies and private organizations in the testing,

counseling, job development, and referral services to youths.

Section 2735, Pub. L. 88-452, title I, Sec. 115, Aug. 20, 1964,

78 Stat. 513; Pub. L. 89-253, Sec. 9, Oct. 9, 1965, 79 Stat. 974;

Pub. L. 89-794, title I, Sec. 112(d), Nov. 8, 1966, 80 Stat. 1455,

limited to 90 percent of the costs the Federal assistance in any

program pursuant to this part with provisions for exceptions and

allowed the non-Federal contribution to be in cash or in kind,

fairly evaluated.

Section 2736, Pub. L. 88-452, title I, Sec. 116, Aug. 20, 1964,

78 Stat. 513, required the Director to establish criteria in order

to achieve equitable distribution among the States.

-End-

-CITE-

42 USC Secs. 2737 to 2749 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part B - Work and Training for Youth and Adults

-HEAD-

Secs. 2737 to 2749. Repealed. Pub. L. 93-203, title VI, Sec. 614,

Dec. 28, 1973, 87 Stat. 883

-MISC1-

Section 2737, Pub. L. 88-452, title I, Sec. 120, as added Pub. L.

90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 683, set out the

Congressional statement of purpose in enacting provisions for a

program of work and training for youth and adults.

Section 2738, Pub. L. 88-452, title I, Sec. 121, as added Pub. L.

90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 683, covered

community program areas and comprehensive work and training

programs.

Section 2739, Pub. L. 88-452, title I, Sec. 122, as added Pub. L.

90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 683, set out

provisions covering prime sponsors and delegate agencies. See

section 812 of Title 29, Labor.

Section 2740, Pub. L. 88-452, title I, Sec. 123, as added Pub. L.

90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 684, set out the

eligible activities for work and training programs.

Section 2741, Pub. L. 88-452, title I, Sec. 124, as added Pub. L.

90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 686; amended

Pub. L. 90-575, title V, Sec. 503, Oct. 16, 1968, 82 Stat. 1062,

set out special conditions for programs.

Section 2742, Pub. L. 88-452, title I, Sec. 125, as added Pub. L.

90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 686; amended

Pub. L. 92-424, Sec. 5, Sept. 19, 1972, 86 Stat. 690, covered

program participants.

Section 2743, Pub. L. 88-452, title I, Sec. 126, as added Pub. L.

90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 686, provided

for programs dealing with long-term unemployment of persons

fifty-five years and older.

Section 2744, Pub. L. 88-452, title I, Sec. 127, as added, Pub.

L. 90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 687, provided

for pilot projects.

Section 2745, Pub. L. 88-452, title I, Sec. 128, as added Pub. L.

90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 687, covered

technical assistance and training.

Section 2746, Pub. L. 88-452, title I, Sec. 129, as added Pub. L.

90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 687, provided

for role to be played by States.

Section 2747, Pub. L. 88-452, title I, Sec. 130, as added Pub. L.

90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 687, provided

for equitable distribution of assistance.

Section 2748, Pub. L. 88-452, title I, Sec. 131, as added Pub. L.

90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 687, set

limitation on Federal assistance.

Section 2749, Pub. L. 88-452, title I, Sec. 132, as added Pub. L.

90-222, title I, Sec. 102, Dec. 23, 1967, 81 Stat. 688; amended

Pub. L. 92-424, Sec. 27(b)(1), (3), Sept. 19, 1972, 86 Stat. 705,

provided for development and implementation of program data.

EFFECTIVE DATE OF REPEAL

Section 614 of Pub. L. 93-203 provided that the repeal by that

section is effective with respect to fiscal years after June 30,

1974.

-End-

-CITE-

42 USC Part C - Federal Work-Study Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part C - Federal Work-Study Programs

-HEAD-

PART C - FEDERAL WORK-STUDY PROGRAMS

-COD-

CODIFICATION

This part is part C of title IV of the Higher Education Act of

1965, Pub. L. 89-329, and not part C of Title I of the Economic

Opportunity Act of 1964, Pub. L. 88-452, which comprises this

chapter.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 653, 3796d-6, 7274e, 12561,

12572, 12604 of this title; title 8 sections 1255a, 1613; title 10

sections 1598, 2410j; title 11 section 541; title 15 section 1603;

title 20 sections 1001, 1002, 1003, 1011c, 1015, 1018, 1018a,

1018b, 1028, 1058, 1068, 1068d, 1070a-17, 1070a-24, 1070a-25,

1070d-33, 1077, 1078, 1078-1, 1078-2, 1078-3, 1078-6, 1078-7, 1082,

1085, 1086, 1087, 1087-2, 1087c, 1087dd, 1087kk, 1087ll, 1087oo,

1087pp, 1087qq, 1087uu, 1087vv, 1088, 1088a, 1089, 1090, 1091,

1091a, 1091b, 1092, 1092b, 1093, 1094, 1094a, 1094b, 1095a, 1096,

1097, 1097a, 1098, 1098a, 1098b, 1098c, 1098d, 1099a, 1099b, 1099c,

1099c-1, 1099c-2, 1101a, 1103, 1103d, 6103, 6674; title 22 section

2462; title 26 sections 25A, 529; title 29 sections 2842, 2864;

title 31 section 3716; title 38 section 3698; title 48 section

1905; title 50 App. section 462.

-End-

-CITE-

42 USC Sec. 2751 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part C - Federal Work-Study Programs

-HEAD-

Sec. 2751. Purpose; appropriations authorized

-STATUTE-

(a) Purpose

The purpose of this part is to stimulate and promote the

part-time employment of students who are enrolled as undergraduate,

graduate, or professional students and who are in need of earnings

from employment to pursue courses of study at eligible

institutions, and to encourage students receiving Federal student

financial assistance to participate in community service activities

that will benefit the Nation and engender in the students a sense

of social responsibility and commitment to the community.

(b) Authorization of appropriations

There are authorized to be appropriated to carry out this part,

$1,000,000,000 for fiscal year 1999 and such sums as may be

necessary for each of the 4 succeeding fiscal years.

For purposes of this part, the term "community services" means

services which are identified by an institution of higher

education, through formal or informal consultation with local

nonprofit, governmental, and community-based organizations, as

designed to improve the quality of life for community residents,

particularly low-income individuals, or to solve particular

problems related to their needs, including -

(1) such fields as health care, child care (including child

care services provided on campus that are open and accessible to

the community), literacy training, education (including tutorial

services), welfare, social services, transportation, housing and

neighborhood improvement, public safety, crime prevention and

control, recreation, rural development, and community

improvement;

(2) work in a project, as defined in section 12511(20) of this

title;

(3) support services to students with disabilities, including

students with disabilities who are enrolled at the institution;

and

(4) activities in which a student serves as a mentor for such

purposes as -

(A) tutoring;

(B) supporting educational and recreational activities; and

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 441, formerly title I, Sec. 141, as

added, renumbered, and amended Pub. L. 90-575, title I, Secs.

131(a), (b)(1), 132, 133(a), Oct. 16, 1968, 82 Stat. 1028, 1029;

Pub. L. 91-95, Sec. 5, Oct. 22, 1969, 83 Stat. 143; Pub. L. 92-318,

title I, Secs. 135, 135A(a), June 23, 1972, 86 Stat. 270; Pub. L.

94-482, title I, Sec. 128(a), Oct. 12, 1976, 90 Stat. 2143; Pub. L.

96-374, title IV, Sec. 431, Oct. 3, 1980, 94 Stat. 1433; Pub. L.

99-498, title IV, Sec. 403(a), Oct. 17, 1986, 100 Stat. 1429; Pub.

L. 102-325, title IV, Sec. 441(b)-(d), July 23, 1992, 106 Stat.

563; Pub. L. 103-82, title I, Sec. 111(b)(3), Sept. 21, 1993, 107

Stat. 860; Pub. L. 105-244, title IV, Sec. 441, Oct. 7, 1998, 112

Stat. 1711.)

-COD-

CODIFICATION

Section was originally enacted as section 121 of the Economic

Opportunity Act of 1964, Pub. L. 88-452, title I, Aug. 20, 1964, 78

Stat. 513. As such, it had been amended by Pub. L. 89-329, title

IV, Sec. 441(2), Nov. 8, 1965, 79 Stat. 1249, and renumbered

section 141 by Pub. L. 90-222, title I, Sec. 111(a), Dec. 23, 1967,

81 Stat. 726.

Under Pub. L. 90-575, title I, Sec. 131(a), Oct. 16, 1968, 82

Stat. 1028, section was transferred along with the remainder of

part C of title I of the Economic Opportunity Act of 1964, Pub. L.

88-452, and inserted as Part C of title IV of the Higher Education

Act of 1965, Pub. L. 89-329. Former Part C of title IV of Pub. L.

89-329, as originally enacted, comprising sections 441 and 442

thereof, was stricken to accommodate the transferal but the

amendment of this section by section 441(2) of Pub. L. 89-329 has

not been stricken. For amendment of section in addition to the

transfers and redesignations treated above, see 1968 Amendment note

below.

-MISC1-

PRIOR PROVISIONS

A prior section 441 of Pub. L. 89-329 amended this section and

sections 2752 to 2756 and 2761 of this title, prior to repeal by

section 131(a) of Pub. L. 90-575.

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-244, Sec. 441(a), substituted

"$1,000,000,000 for fiscal year 1999" for "$800,000,000 for fiscal

year 1993".

Subsec. (c)(1). Pub. L. 105-244, Sec. 441(b)(1), inserted

"(including child care services provided on campus that are open

and accessible to the community)" after "child care".

Subsec. (c)(3). Pub. L. 105-244, Sec. 441(b)(2), inserted ",

including students with disabilities who are enrolled at the

institution" before the semicolon.

1993 - Subsec. (c)(2). Pub. L. 103-82 substituted "a project, as

defined in section 12511(20) of this title" for "service

opportunities or youth corps as defined in section 12511 of this

title, and service in the agencies, institutions and activities

designated in section 12544(a) of this title".

1992 - Subsec. (a). Pub. L. 102-325, Sec. 441(b), inserted before

period at end ", and to encourage students receiving Federal

student financial assistance to participate in community service

activities that will benefit the Nation and engender in the

students a sense of social responsibility and commitment to the

community".

Subsec. (b). Pub. L. 102-325, Sec. 441(c), amended subsec. (b)

generally, substituting present provisions for former provisions

which authorized appropriations for fiscal years 1987 to 1991.

Subsec. (c). Pub. L. 102-325, Sec. 441(d), added subsec. (c).

1986 - Pub. L. 99-498 amended section generally. Prior to

amendment, section read as follows:

"(a) The purpose of this part is to stimulate and promote the

part-time employment of students, particularly students who are in

need of earnings from employment to pursue courses of study at

eligible institutions.

"(b) There are authorized to be appropriated for carrying out

this part $670,000,000 for fiscal year 1981, $720,000,000 for

fiscal year 1982, $760,000,000 for fiscal year 1983, $800,000,000

for fiscal year 1984, and $830,000,000 for fiscal year 1985."

1980 - Subsec. (a). Pub. L. 96-374 substituted "particularly

students who are in need of earnings from employment to pursue

courses of study at eligible institutions" for "particularly

students with great financial need, in eligible institutions who

are in need of the earnings from such employment to pursue courses

of study at such institutions".

Subsec. (b). Pub. L. 96-374 substituted provisions authorizing

appropriations for fiscal years 1981, 1982, 1983, 1984, and 1985

for provisions that had authorized appropriations for fiscal year

1969 through fiscal year 1982.

1976 - Subsec. (b). Pub. L. 94-482 inserted provisions

authorizing appropriations for fiscal year ending June 30, 1976,

through fiscal year ending Sept. 30, 1982.

1972 - Subsec. (a). Pub. L. 92-318, Sec. 135, substituted "with

great financial need" for "from low-income families".

Subsec. (b). Pub. L. 92-318, Sec. 135A(a), authorized

appropriations of $330,000,000, $360,000,000, $390,000,000, and

$420,000,000 for fiscal years ending June 30, 1972, 1973, 1974, and

1975, respectively.

1969 - Subsec. (b). Pub. L. 91-95 increased general authorization

of appropriations for fiscal years ending June 30, 1970, and June

30, 1971.

1968 - Subsec. (a). Pub. L. 90-575, Secs. 132, 133(a), designated

existing provisions as subsec. (a) and substituted "eligible

institutions" for "institutions of higher education".

Subsec. (b). Pub. L. 90-575, Sec. 132, added subsec. (b).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section

123 of Pub. L. 103-82, set out as a note under section 1701 of

Title 16, Conservation.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of Title

20, Education.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section

1393(a) of Pub. L. 96-374, set out as a note under section 1001 of

Title 20, Education.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-482 effective 30 days after Oct. 12,

1976, except either as specifically otherwise provided or, if not

so specifically otherwise provided, effective July 1, 1976, for

those amendments providing for authorization of appropriations, see

section 532 of Pub. L. 94-482, set out as a note under section 1001

of Title 20, Education.

EFFECTIVE DATE OF 1972 AMENDMENT

Section 135A(b) of Pub. L. 92-318 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

after June 30, 1971."

REFERENCES TO PART C OF TITLE I OF THE ECONOMIC OPPORTUNITY ACT OF

1964

Section 131(c) of Pub. L. 90-575 provided that: "Any reference to

any provision of part C of title I of the Economic Opportunity Act

of 1964 in any law of the United States shall be deemed to be a

reference to the corresponding provision of part C of title IV of

the Higher Education Act of 1965 as amended by this section [this

part]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2752 of this title.

-End-

-CITE-

42 USC Sec. 2752 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part C - Federal Work-Study Programs

-HEAD-

Sec. 2752. Allocation of funds

-STATUTE-

(a) Allocation based on previous allocation

(1) From the amount appropriated pursuant to section 2751(b) of

this title for each fiscal year, the Secretary shall first allocate

to each eligible institution for each succeeding fiscal year, an

amount equal to 100 percent of the amount such institution received

under subsections (a) and (b) of this section for fiscal year 1999

(as such subsections were in effect with respect to allocations for

such fiscal year).

(2)(A) From the amount so appropriated, the Secretary shall next

allocate to each eligible institution that began participation in

the program under this part after fiscal year 1999 but is not a

first or second time participant, an amount equal to the greater of

(i) $5,000; or

(ii) 90 percent of the amount received and used under this part

for the first year it participated in the program.

(B) From the amount so appropriated, the Secretary shall next

allocate to each eligible institution that began participation in

the program under this part after fiscal year 1999 and is a first

or second time participant, an amount equal to the greatest of -

(i) $5,000;

(ii) an amount equal to (I) 90 percent of the amount received

and used under this part in the second preceding fiscal year by

eligible institutions offering comparable programs of

instruction, divided by (II) the number of students enrolled at

such comparable institutions in such fiscal year, multiplied by

(III) the number of students enrolled at the applicant

institution in such fiscal year; or

(iii) 90 percent of the institution's allocation under this

part for the preceding fiscal year.

the Secretary shall allocate to each eligible institution which -

(i) was a first-time participant in the program in fiscal year

2000 or any subsequent fiscal year, and

(ii) received a larger amount under this subsection in the

second year of participation,

an amount equal to 90 percent of the amount it received under this

subsection in its second year of participation.

(3)(A) If the amount appropriated for any fiscal year is less

than the amount required to be allocated to all institutions under

paragraph (1) of this subsection, then the amount of the allocation

to each such institution shall be ratably reduced.

(B) If the amount appropriated for any fiscal year is more than

the amount required to be allocated to all institutions under

paragraph (1) but less than the amount required to be allocated to

all institutions under paragraph (2), then -

(i) the Secretary shall allot the amount required to be

allocated to all institutions under paragraph (1), and

(ii) the amount of the allocation to each institution under

paragraph (2) shall be ratably reduced.

year, such reduced amounts shall be increased on the same basis as

they were reduced (until the amount allocated equals the amount

required to be allocated under paragraphs (1) and (2) of this

subsection).

(4)(A) Notwithstanding any other provision of this section, the

Secretary may allocate an amount equal to not more than 10 percent

of the amount by which the amount appropriated in any fiscal year

to carry out this part exceeds $700,000,000 among eligible

institutions described in subparagraph (B).

(B) In order to receive an allocation pursuant to subparagraph

(A) an institution shall be an eligible institution from which 50

percent or more of the Pell Grant recipients attending such

eligible institution graduate or transfer to a 4-year institution

of higher education.

(b) Allocation of excess based on share of excess eligible amounts

(1) From the remainder of the amount appropriated pursuant to

section 2751(b) of this title after making the allocations required

by subsection (a) of this section, the Secretary shall allocate to

each eligible institution which has an excess eligible amount an

amount which bears the same ratio to such remainder as such excess

eligible amount bears to the sum of the excess eligible amounts of

all such eligible institutions (having such excess eligible

amounts).

(2) For any eligible institution, the excess eligible amount is

the amount, if any, by which -

(A)(i) the amount of that institution's need (as determined

under subsection (c) of this section), divided by (ii) the sum of

the need of all institutions (as so determined), multiplied by

(iii) the amount appropriated pursuant to section 2751(b) of this

title for the fiscal year; exceeds

(B) the amount required to be allocated to that institution

under subsection (a) of this section.

(1) The amount of an institution's need is equal to the sum of

the self-help need of the institution's eligible undergraduate

students and the self-help need of the institution's eligible

graduate and professional students.

(2) To determine the self-help need of an institution's eligible

undergraduate students, the Secretary shall -

(A) establish various income categories for dependent and

independent undergraduate students;

(B) establish an expected family contribution for each income

category of dependent and independent undergraduate students,

determined on the basis of the average expected family

contribution (computed in accordance with part F of this title

[20 U.S.C. 1087kk et seq.]) of a representative sample within

each income category for the second preceding fiscal year;

all undergraduate students;

(D) multiply the number of eligible dependent students in each

income category by the lesser of -

(i) 25 percent of the average cost of attendance for all

undergraduate students determined under subparagraph (C); or

(ii) the average cost of attendance for all undergraduate

students minus the expected family contribution determined

under subparagraph (B) for that income category, except that

the amount computed by such subtraction shall not be less than

zero;

(E) add the amounts determined under subparagraph (D) for each

income category of dependent students; and

(F) multiply the number of eligible independent students in

each income category by the lesser of -

(i) 25 percent of the average cost of attendance for all

undergraduate students determined under subparagraph (C); or

(ii) the average cost of attendance for all undergraduate

students minus the expected family contribution determined

under subparagraph (B) for that income category, except that

the amount computed by such subtraction for any income category

shall not be less than zero;

(G) add the amounts determined under subparagraph (F) for each

income category of independent students; and

(H) add the amounts determined under subparagraphs (E) and (G).

(3) To determine the self-help need of an institution's eligible

graduate and professional students, the Secretary shall -

(A) establish various income categories of graduate and

professional students;

(B) establish an expected family contribution for each income

category of graduate and professional students, determined on the

basis of the average expected family contribution (computed in

accordance with part F of this title [20 U.S.C. 1087kk et seq.])

of a representative sample within each income category for the

second preceding fiscal year;

and professional students;

(D) subtract from the average cost of attendance for all

graduate and professional students (determined under subparagraph

(C)), the expected family contribution (determined under

subparagraph (B)) for each income category, except that the

amount computed by such subtraction for any income category shall

not be less than zero;

(E) multiply the amounts determined under subparagraph (D) by

the number of eligible students in each category; and

(F) add the amounts determined under subparagraph (E) of this

paragraph for each income category.

(4)(A) For purposes of paragraphs (2) and (3), the term "average

cost of attendance" means the average of the attendance costs for

undergraduate students and for graduate and professional students,

which shall include (i) tuition and fees determined in accordance

with subparagraph (B), (ii) standard living expenses determined in

accordance with subparagraph (C), and (iii) books and supplies

determined in accordance with subparagraph (D).

(B) The average undergraduate and graduate and professional

tuition and fees described in subparagraph (A)(i) shall be computed

on the basis of information reported by the institution to the

Secretary, which shall include (i) total revenue received by the

institution from undergraduate and graduate tuition and fees for

the second year preceding the year for which it is applying for an

allocation, and (ii) the institution's enrollment for such second

preceding year.

is equal to 150 percent of the difference between the income

protection allowance for a family of five with one in college and

the income protection allowance for a family of six with one in

college for a single independent student.

(D) The allowance for books and supplies described in

subparagraph (A)(iii) is equal to $450.

(d) Reallocation of excess allocations

(1) If institutions return to the Secretary any portion of the

sums allocated to such institutions under this section for any

fiscal year, the Secretary shall reallot such excess to eligible

institutions which used at least 5 percent of the total amount of

funds granted to such institution under this section to compensate

students employed in tutoring in reading and family literacy

activities in the preceding fiscal year. Such excess funds shall be

reallotted to institutions which qualify under this subsection on

the same basis as excess eligible amounts are allocated to

institutions pursuant to subsection (b) of this section. Funds

received by institutions pursuant to this subsection shall be used

to compensate students employed in community service.

(2) If, under paragraph (1) of this subsection, an institution

returns more than 10 percent of its allocation, the institution's

allocation for the next fiscal year shall be reduced by the amount

returned. The Secretary may waive this paragraph for a specific

institution if the Secretary finds that enforcing this paragraph

would be contrary to the interest of the program.

(e) Filing deadlines

The Secretary shall, from time to time, set dates before which

institutions must file applications for allocations under this

part.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 442, formerly title I, Sec. 142, as

added, renumbered, and amended Pub. L. 90-575, title I, Secs.

131(a), (b)(1), (3), 133(a), 135, Oct. 16, 1968, 82 Stat. 1028,

1029; Pub. L. 92-318, title I, Sec. 135B, June 23, 1972, 86 Stat.

270; Pub. L. 96-374, title IV, Secs. 432, 433, title XIII, Sec.

1391(a)(1), Oct. 3, 1980, 94 Stat. 1433, 1503; Pub. L. 99-498,

title IV, Sec. 403(a), Oct. 17, 1986, 100 Stat. 1429; Pub. L.

100-50, Sec. 11(a), June 3, 1987, 101 Stat. 348; Pub. L. 102-325,

title IV, Sec. 442, July 23, 1992, 106 Stat. 564; Pub. L. 103-208,

Sec. 2(d)(1), (2), Dec. 20, 1993, 107 Stat. 2470; Pub. L. 105-244,

title IV, Sec. 442(a), (b), Oct. 7, 1998, 112 Stat. 1712.)

-REFTEXT-

REFERENCES IN TEXT

Part F of this title, referred to in subsec. (c)(2)(B), (3)(B),

means part F of title IV of Pub. L. 89-329, Nov. 8, 1965, 79 Stat.

1219, as amended, known as the Higher Education Act of 1965. Part F

of title IV of such Act is classified generally to part E (Sec.

1087kk et seq.) of subchapter IV of chapter 28 of Title 20,

Education. For complete classification of this Act to the Code, see

Short Title note set out under section 1001 of Title 20 and Tables.

-COD-

CODIFICATION

Section was originally enacted as section 122 of the Economic

Opportunity Act of 1964, Pub. L. 88-452, title I, Aug. 20, 1964, 78

Stat. 514. As such, it had been amended by Pub. L. 89-329, title

IV, Sec. 441(1), Nov. 8, 1965, 79 Stat. 1249, and renumbered

section 142 by Pub. L. 90-222, title I, Sec. 111(a), Dec. 23, 1967,

81 Stat. 726.

Under Pub. L. 90-575, title I, Sec. 131(a), Oct. 16, 1968, 82

Stat. 1028, section was transferred along with the remainder of

Part C of title I of the Economic Opportunity Act of 1964, Pub. L.

88-452, and inserted as Part C of title IV of the Higher Education

Act of 1965, Pub. L. 89-329. Former Part C of title IV of Pub. L.

89-329, as originally enacted, comprising sections 441 and 442

thereof, was stricken to accommodate the transferal but the

amendment of this section by section 441(1) of Pub. L. 89-329 has

not been stricken. For amendment of section in addition to the

transfers and redesignations treated above, see 1968 Amendment note

below.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-244, Sec. 442(a)(1),

substituted "received under subsections (a) and (b) of this section

for fiscal year 1999 (as such subsections were in effect with

respect to allocations for such fiscal year)" for "received and

used under this part for fiscal year 1985".

Subsec. (a)(2)(A), (B). Pub. L. 105-244, Sec. 442(a)(2)(A),

substituted "1999" for "1985" in introductory provisions.

Subsec. (a)(2)(C)(i). Pub. L. 105-244, Sec. 442(a)(2)(B),

substituted "2000" for "1986".

Subsec. (b). Pub. L. 105-244, Sec. 442(b)(1), (2), redesignated

subsec. (c) as (b), and struck out heading and text of former

subsec. (b). Text read as follows: "From one-quarter of the

remainder of the amount appropriated pursuant to section 2751(b) of

this title for any fiscal year (after making the allocations

required by subsection (a) of this section), the Secretary shall

allocate to each eligible institution an amount which bears the

same ratio to such one-quarter as the amount the eligible

institution receives for such fiscal year under subsection (a) of

this section bears to the amount all such institutions receive

under such subsection (a) of this section."

Subsec. (b)(1). Pub. L. 105-244, Sec. 442(b)(3), struck out

"three-quarters of" after "From".

Subsec. (b)(2)(A)(i). Pub. L. 105-244, Sec. 442(b)(4),

substituted "subsection (c)" for "subsection (d)".

Subsec. (c). Pub. L. 105-244, Sec. 442(b)(2), redesignated

subsec. (d) as (c). Former subsec. (c) redesignated (b).

Subsec. (c)(3). Pub. L. 105-244, Sec. 442(b)(5), struck out "the

Secretary, for academic year 1988-1989 shall use the procedures

employed for academic year 1986-1987, and, for any subsequent

academic years," after "professional students," in introductory

provisions.

Subsec. (d). Pub. L. 105-244, Sec. 442(b)(2), redesignated

subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (d)(1). Pub. L. 105-244, Sec. 442(b)(6), substituted "5

percent" for "10 percent", "in tutoring in reading and family

literacy activities in" for "in community service in", and

"subsection (b)" for "subsection (c)".

Subsecs. (e), (f). Pub. L. 105-244, Sec. 442(b)(2), redesignated

subsec. (f) as (e). Former subsec. (e) redesignated (d).

1993 - Subsec. (d)(4)(C). Pub. L. 103-208, Sec. 2(d)(1),

substituted "150 percent of the difference between the income

protection allowance for a family of five with one in college and

the income protection allowance for a family of six with one in

college" for "three-fourths in the Pell Grant family size offset".

Subsec. (e). Pub. L. 103-208, Sec. 2(d)(2), designated existing

provisions as par. (1) and added par. (2).

1992 - Subsec. (a)(4). Pub. L. 102-325, Sec. 442(a), added par.

(4).

Subsec. (e). Pub. L. 102-325, Sec. 442(b), amended subsec. (e)

generally. Prior to amendment, subsec. (e) read as follows:

"(1) If an institution returns to the Secretary any portion of

the sums allocated to such institution under this section for any

fiscal year the Secretary shall reallocate such excess in

accordance with paragraph (2). Any sums reallocated under this

subsection may be used in accordance with section 2755(a)(2) of

this title.

"(2) The Secretary shall reallot not to exceed 25 percent of the

amount available pursuant to paragraph (1) to eligible institutions

for use in initiating, improving, and expanding programs of

community service-learning conducted in accordance with section

2756a of this title. The Secretary shall allocate the remainder of

the amounts available pursuant to paragraph (1) to eligible

institutions based upon the criteria described in section 2756a(c)

of this title."

1987 - Subsec. (e)(2). Pub. L. 100-50, substituted "not to exceed

25 percent" for "25 percent" and "section 2756a(c) of this title"

for "subsection (c) of this section", and made technical amendment

to reference to section 2756a of this title to correct numerical

designation of corresponding section of original act.

1986 - Pub. L. 99-498 amended section generally, substituting

provisions relating to allocation of funds for provisions relating

to allotments to States.

1980 - Subsec. (a). Pub. L. 96-374, Secs. 432(1)-(3), 1391(a)(1),

substituted "Secretary" for "Commissioner" in provisions preceding

cl. (1), substituted "1 per centum" for "2 per centum" and struck

out reference to Puerto Rico in cl. (1), and substituted

"subsection (f) of this section" for "subsection (e) of this

section" in cl. (2).

Subsecs. (b)(1), (2), (c). Pub. L. 96-374, Sec. 1391(a)(1),

substituted "Secretary" for "Commissioner".

Subsec. (d). Pub. L. 96-374, Secs. 432(4), 433, designated

existing provisions as par. (1), inserted "except that the

Secretary shall give preference for the first 50 per centum of such

reallotments to eligible institutions for use for initiating,

improving, and expanding programs of cooperative education in

accordance with title VIII of this Act" after "this Act" and

"second" after "until the close of the" and substituted "Secretary"

for "Commissioner", and added par. (2).

Subsec. (e). Pub. L. 96-374, Sec. 432(5), struck out reference to

Puerto Rico.

Subsec. (f). Pub. L. 96-374, Sec. 1391(a)(1), substituted

"Secretary" for "Commissioner".

1972 - Subsec. (a). Pub. L. 92-318, Sec. 135B(a)(2), substituted

"Ninety per centum of the remainder" for "The remainder".

Subsecs. (c) to (f). Pub. L. 92-318, Sec. 135B(a)(2), added

subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to

(f), respectively.

1968 - Subsec. (a). Pub. L. 90-575, Secs. 131(b)(3), 135(a),

struck out reference to reservation of an amount needed for making

grants under section 2753 of this title and inserted reference to

reservation of amount provided by subsec. (e).

Subsec. (c). Pub. L. 90-575, Sec. 133(a), substituted "eligible

institution" for "institution of higher education".

Subsec. (e). Pub. L. 90-575, Sec. 135(b), added subsec. (e).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-244, title IV, Sec. 442(c), Oct. 7, 1998, 112 Stat.

1712, provided that: "The amendments made by this section [amending

this section] shall apply with respect to allocations of amounts

appropriated pursuant to section 441(b) for fiscal year 2000 or any

succeeding fiscal year."

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-208 effective as if included in the

Higher Education Amendments of 1992, Pub. L. 102-325, except as

otherwise provided, see section 5(a) of Pub. L. 103-208, set out as

a note under section 1051 of Title 20, Education.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of Title

20, Education.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-50 effective as if enacted as part of

the Higher Education Amendments of 1986, Pub. L. 99-498, see

section 27 of Pub. L. 100-50, set out as a note under section 1001

of Title 20, Education.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 403(b)(1) of Pub. L. 99-498, as enacted by Pub. L.

100-50, Sec. 22(c), June 3, 1987, 101 Stat. 361, provided that:

"Section 442 of the Act [this section] shall apply with respect to

the allocation of funds for academic year 1988-1989 and succeeding

academic years."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-374 effective Oct. 1, 1980, see section

1393(a) of Pub. L. 96-374, set out as a note under section 1001 of

Title 20, Education.

COLLEGE WORK-STUDY ALLOTMENT FOR SPECIFIC FISCAL YEARS

Pub. L. 98-8, title I, Sec. 100, Mar. 24, 1983, 97 Stat. 27,

provided that notwithstanding subsecs. (a), (b), (c), and (e) of

this section and section 11 of Public Law 97-301, set out as a note

below, the Secretary should allot the sums appropriated pursuant to

section 2751(b) of this title for fiscal year 1983 among the States

so that each State's allotment bore the same ratio to the total

amount appropriated as that State's allotment in fiscal year 1981

bore to the total amount appropriated pursuant to that section for

fiscal year 1981.

Pub. L. 97-301, Sec. 11, Oct. 13, 1982, 96 Stat. 1403, which

provided that notwithstanding subsecs. (a), (b), (c), and (e) of

this section, if in fiscal year 1983, fiscal year 1984, or fiscal

year 1985 the sums appropriated pursuant to section 2751(b) of this

title were less than the sums appropriated pursuant to such section

for the fiscal year 1981, the Secretary should allot the sums

appropriated pursuant to that section for such fiscal year among

the States so that each State's allotment bore the same ratio to

the total amount appropriated as that State's allotment in fiscal

year 1981 bore to the total amount appropriated pursuant to that

section for fiscal year 1981 was repealed by Pub. L. 99-498, title

IV, Sec. 408(b), Oct. 17, 1986, 100 Stat. 1495, eff. with respect

to any academic year beginning on or after July 1, 1988.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2756 of this title; title

20 sections 1089, 1095.

-End-

-CITE-

42 USC Sec. 2753 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part C - Federal Work-Study Programs

-HEAD-

Sec. 2753. Grants for Federal work-study programs

-STATUTE-

(a) Agreements required

The Secretary is authorized to enter into agreements with

institutions of higher education under which the Secretary will

make grants to such institutions to assist in the operation of

work-study programs as provided in this part.

(b) Contents of agreements

An agreement entered into pursuant to this section shall -

(1) provide for the operation by the institution of a program

for the part-time employment, including internships, practica, or

research assistantships as determined by the Secretary, of its

students in work for the institution itself, work in community

service or work in the public interest for a Federal, State, or

local public agency or private nonprofit organization under an

arrangement between the institution and such agency or

organization, and such work -

(A) will not result in the displacement of employed workers

or impair existing contracts for services;

(B) will be governed by such conditions of employment as will

be appropriate and reasonable in light of such factors as type

of work performed, geographical region, and proficiency of the

employee;

maintenance of so much of any facility as is used or is to be

used for sectarian instruction or as a place for religious

worship; and

(D) will not pay any wage to students employed under this

subpart (!1) that is less than the current Federal minimum wage

as mandated by section 206 of title 29;

(2) provide that funds granted an institution of higher

education, pursuant to this section, may be used only to make

payments to students participating in work-study programs, except

that -

(A) for fiscal year 1999, an institution shall use at least 5

percent of the total amount of funds granted to such

institution under this section in any fiscal year to compensate

students employed in community service (including a reasonable

amount of time spent in travel or training directly related to

such community service), except that the Secretary may waive

this subparagraph if the Secretary determines that enforcing it

would cause hardship for students at an institution;

(B) for fiscal year 2000 and succeeding fiscal years, an

institution shall use at least 7 percent of the total amount of

funds granted to such institution under this section for such

fiscal year to compensate students employed in community

service, and shall ensure that not less than 1 tutoring or

family literacy project (as described in subsection (d) of this

section) is included in meeting the requirement of this

subparagraph, except that the Secretary may waive this

subparagraph if the Secretary determines that enforcing this

subparagraph would cause hardship for students at the

institution; and

it to meet administrative expenses in accordance with section

1096 of title 20, may use a portion of the sums granted to it

to meet the cost of a job location and development program in

accordance with section 2756 of this title, and may transfer

funds in accordance with the provisions of section 1095 of

title 20;

(3) provide that in the selection of students for employment

under such work-study program, only students who demonstrate

financial need in accordance with part F [20 U.S.C. 1087kk et

seq.] and meet the requirements of section 1091 of title 20 will

be assisted, except that if the institution's grant under this

part is directly or indirectly based in part on the financial

need demonstrated by students who are (A) attending the

institution on less than a full-time basis, or (B) independent

students, a reasonable portion of the grant shall be made

available to such students;

(4) provide that for a student employed in a work-study program

under this part, at the time income derived from any need-based

employment is in excess of the determination of the amount of

such student's need by more than $300, continued employment shall

not be subsidized with funds appropriated under this part;

(5) provide that the Federal share of the compensation of

students employed in the work-study program in accordance with

the agreement shall not exceed 75 percent, except that -

(A) the Federal share may exceed 75 percent, but not exceed

90 percent, if, consistent with regulations of the Secretary -

(i) the student is employed at a nonprofit private

organization or a government agency that -

(I) is not a part of, and is not owned, operated, or

controlled by, or under common ownership, operation, or

control with, the institution;

(II) is selected by the institution on an individual

case-by-case basis for such student; and

(III) would otherwise be unable to afford the costs of

such employment; and

(ii) not more than 10 percent of the students compensated

through the institution's grant under this part during the

academic year are employed in positions for which the Federal

share exceeds 75 percent; and

(B) the Federal share may exceed 75 percent if the Secretary

determines, pursuant to regulations promulgated by the

Secretary establishing objective criteria for such

determinations, that a Federal share in excess of such amounts

is required in furtherance of the purpose of this part;

(6) include provisions to make employment under such work-study

program reasonably available (to the extent of available funds)

to all eligible students in the institution in need thereof;

(7) provide assurances that employment made available from

funds under this part will, to the maximum extent practicable,

complement and reinforce the educational program or vocational

goals of each student receiving assistance under this part;

(8) provide assurances, in the case of each proprietary

institution, that students attending the proprietary institution

receiving assistance under this part who are employed by the

institution may be employed in jobs -

(A) that are only on campus and that -

(i) to the maximum extent practicable, complement and

reinforce the education programs or vocational goals of such

students; and

(ii) furnish student services that are directly related to

the student's education, as determined by the Secretary

pursuant to regulations, except that no student shall be

employed in any position that would involve the solicitation

of other potential students to enroll in the school; or

(B) in community service in accordance with paragraph (2)(A)

of this subsection;

(9) provide assurances that employment made available from

funds under this part may be used to support programs for

supportive services to students with disabilities;

(10) provide assurances that the institution will inform all

eligible students of the opportunity to perform community

service, and will consult with local nonprofit, governmental, and

community-based organizations to identify such opportunities; and

(11) include such other reasonable provisions as the Secretary

shall deem necessary or appropriate to carry out the purpose of

this part.

As part of its agreement agreement (!2) described in subsection

(b) of this section, an institution of higher education may, at its

option, enter into an additional agreement with the Secretary which

shall -

(1) provide for the operation by the institution of a program

of part-time employment of its students in work for a private

for-profit organization under an arrangement between the

institution and such organization that complies with the

requirements of subparagraphs (A) through (D) of subsection

(b)(1) of this section and subsection (b)(3) of this section;

(2) provide that the institution will use not more than 25

percent of the funds made available to such institution under

this part for any fiscal year for the operation of the program

described in paragraph (1);

(3) provide that, notwithstanding subsection (b)(5) of this

section, the Federal share of the compensation of students

employed in such program will not exceed 60 percent for academic

years 1987-1988 and 1988-1989, 55 percent for academic year

1989-1990, and 50 percent for academic year 1990-1991 and

succeeding academic years, and that the non-Federal share of such

compensation will be provided by the private for-profit

organization in which the student is employed;

(4) provide that jobs under the work study program will be

academically relevant, to the maximum extent practicable; and

(5) provide that the for-profit organization will not use funds

made available under this part to pay any employee who would

otherwise be employed by the organization.

(d) Tutoring and literacy activities

(1) Use of funds

In any academic year to which subsection (b)(2)(B) of this

section applies, an institution shall ensure that funds granted

to such institution under this section are used in accordance

with such subsection to compensate (including compensation for

time spent in training and travel directly related to tutoring in

reading and family literacy activities) students -

(A) employed as reading tutors for children who are preschool

age or are in elementary school; or

(B) employed in family literacy projects.

(2) Priority for schools

To the extent practicable, an institution shall -

(A) give priority to the employment of students in the

provision of tutoring in reading in schools that are

participating in a reading reform project that -

(i) is designed to train teachers how to teach reading on

the basis of scientifically-based research on reading; and

(ii) is funded under the Elementary and Secondary Education

Act of 1965 [20 U.S.C. 6301 et seq.]; and

(B) ensure that any student compensated with the funds

described in paragraph (1) who is employed in a school

participating in a reading reform project described in

subparagraph (A) receives training from the employing school in

the instructional practices used by the school.

(3) Federal share

The Federal share of the compensation of work-study students

compensated under this subsection may exceed 75 percent.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 443, as added Pub. L. 96-374, title

IV, Sec. 434, Oct. 3, 1980, 94 Stat. 1434; amended Pub. L. 99-498,

title IV, Sec. 403(a), Oct. 17, 1986, 100 Stat. 1432; Pub. L.

100-50, Sec. 11(b), (c), June 3, 1987, 101 Stat. 348; Pub. L.

102-325, title IV, Secs. 441(a)(2), 443, July 23, 1992, 106 Stat.

563, 564; Pub. L. 103-208, Sec. 2(d)(3)-(5), Dec. 20, 1993, 107

Stat. 2470; Pub. L. 105-244, title IV, Sec. 443, Oct. 7, 1998, 112

Stat. 1712.)

-REFTEXT-

REFERENCES IN TEXT

Part F, referred to in subsec. (b)(3), means part F of title IV

of Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended, known

as the Higher Education Act of 1965. Part F of title IV of the Act

is classified generally to part E (Sec. 1087kk et seq.) of

subchapter IV of chapter 28 of Title 20, Education. For complete

classification of this Act to the Code, see Short Title note set

out under section 1001 of Title 20 and Tables.

The Elementary and Secondary Education Act of 1965, referred to

in subsec. (d)(2)(A)(ii), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat.

27, as amended, which is classified generally to chapter 70 (Sec.

6301 et seq.) of Title 20, Education. For complete classification

of this Act to the Code, see Short Title note set out under section

6301 of Title 20 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 2753, Pub. L. 89-329, title IV, Sec. 443,

formerly title I, Sec. 143, as added, renumbered title IV, Sec.

443, and amended Pub. L. 90-575, title I, Secs. 131(a), (b)(1),

133(a), (b), 139(1), Oct. 16, 1968, 82 Stat. 1028, 1029, 1030; Pub.

L. 94-482, title I, Sec. 128(b), Oct. 12, 1976, 90 Stat. 2143, made

provision for the grants for work-study programs, prior to repeal

by Pub. L. 96-374, Sec. 434.

AMENDMENTS

1998 - Subsec. (b)(1). Pub. L. 105-244, Sec. 443(a), inserted ",

including internships, practica, or research assistantships as

determined by the Secretary," after "part-time employment".

Pub. L. 105-244, Sec. 443(b), (c)(1)(A), substituted "for fiscal

year 1999," for "in fiscal year 1994 and succeeding fiscal years,",

inserted "(including a reasonable amount of time spent in travel or

training directly related to such community service)" after

"community service", and struck out "and" at end.

Subsec. (b)(2)(B), (C). Pub. L. 105-244, Sec. 443(c)(1)(B), (C),

added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (b)(3). Pub. L. 105-244, Sec. 443(d), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "provide

that in the selection of students for employment under such

work-study program, only students, who demonstrate financial need

in accordance with part F of this title, and who meet the

requirements of section 1091 of title 20 will be assisted, except

that -

"(A) if the institution's grant under this part is directly or

indirectly based in part on the financial need demonstrated by

students who are (i) attending the institution less than full

time, or (ii) independent students; and

"(B) if the total financial need of all such less than

full-time and independent students at the institution exceeds 5

percent of the total financial need of all students at such

institution,

then at least 5 percent of the grant shall be made available to

such less than full-time and independent students;".

Subsec. (b)(5). Pub. L. 105-244, Sec. 443(e), amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "provide

that the Federal share of the compensation of students employed in

the work-study program in accordance with the agreement shall not

exceed 75 percent for academic year 1993-1994 and succeeding

academic years, except that the Federal share may exceed such

amounts of compensation if the Secretary determines, pursuant to

regulations promulgated by the Secretary establishing objective

criteria for such determinations, that a Federal share in excess of

such amounts is required in furtherance of the purpose of this

part;".

Subsec. (b)(6). Pub. L. 105-244, Sec. 443(f), struck out ", and

to make equivalent employment offered or arranged by the

institution reasonably available (to the extent of available funds)

to all students in the institution who desire such employment"

after "in need thereof".

Subsec. (c)(4). Pub. L. 105-244, Sec. 443(g), inserted ", to the

maximum extent practicable" before the semicolon at end.

Subsec. (d). Pub. L. 105-244, Sec. 443(c)(2), added subsec. (d).

1993 - Subsec. (b)(2)(A). Pub. L. 103-208, Sec. 2(d)(3),

substituted "institution; and" for "institution;".

Subsec. (b)(5). Pub. L. 103-208, Sec. 2(d)(4), amended par. (5)

generally. Prior to amendment, par. (5) read as follows: "provide

that the Federal share of the compensation of students employed in

the work-study program in accordance with the agreement shall not

exceed 75 percent for academic year 1993-1994 and succeeding

academic years, except that -

"(A) the Federal share may exceed such amounts of such

compensation if the Secretary determines, pursuant to regulations

promulgated by the Secretary establishing objective criteria for

such determinations, that a Federal share in excess of such

amounts is required in furtherance of the purpose of this part;

and

"(B) when a student engaged in work in community service

performs such work for a private nonprofit organization other

than the eligible institution, the contribution of such agency or

organization shall not exceed 40 percent of the institution's

share of the compensation of the student, and the eligible

institution in its discretion may count such contribution toward

satisfaction of the non-Federal share of the compensation of the

student;".

Subsec. (b)(8)(A) to (C). Pub. L. 103-208, Sec. 2(d)(5), added

subpars. (A) and (B) and struck out former subpars. (A) to (C)

which read as follows:

"(A) on campus only, except as required in subparagraph (A) of

paragraph (2);

"(B) that, to the maximum extent practicable, complement and

reinforce the educational programs or vocational goals of such

students; and

"(C) furnishing student services that are directly related to the

student's education, as determined by the Secretary pursuant to

regulations, except that no student shall be employed in any

position that would involve the solicitation of other potential

students to enroll in the school;".

1992 - Pub. L. 102-325, Sec. 441(a)(2), inserted "Federal" after

"Grants for" in section catchline.

Subsec. (b)(1). Pub. L. 102-325, Sec. 443(a), inserted ", work in

community service" after "institution itself".

Subsec. (b)(2)(A). Pub. L. 102-325, Sec. 443(b), amended subpar.

(A) generally. Prior to amendment, subpar. (A) read as follows: "an

institution may use not to exceed 10 percent of the funds granted

to the institution in any fiscal year to carry out the work study

program described in section 2756a of this title at the increased

Federal share specified in paragraph (5)(B) of this subsection,

and".

Subsec. (b)(3) to (5). Pub. L. 102-325, Sec. 443(c)-(e), amended

par. (3) to (5) generally. Prior to amendment, pars. (3) to (5)

read as follows:

"(3) provide that in the selection of students for employment

under such work-study program, only students who demonstrate

financial need in accordance with part F of this title, and who

meet the requirements of section 1091 of title 20 will be assisted,

except that, if the institution's grant under this part is directly

or indirectly based in part on the financial need demonstrated by

students attending the institution less than full time, a

reasonable proportion of the institution's grant shall be made

available to such students;

"(4) provide that for a student employed in a work-study program

under this part, at the time income derived from any employment

(including non-work-study or both) is in excess of the

determination of the amount of such student's need by more than

$200, continued employment shall not be subsidized with funds

appropriated under this part;

"(5) provide that the Federal share of the compensation of

students employed in the work study program in accordance with the

agreement will not exceed 80 percent for academic years 1987-1988

and 1988-1989, 75 percent for academic year 1989-1990, and 70

percent for academic year 1990-1991 and succeeding academic years,

except that -

"(A) the Federal share may exceed such amounts of such

compensation if the Secretary determines, pursuant to regulations

promulgated by the Secretary establishing objective criteria for

such determinations, that a Federal share in excess of such

amounts is required in furtherance of the purpose of this part;

and

"(B) the Federal share of the compensation of the students

employed in the work study for community service-learning

programs described in section 2756a of this title from funds

available under paragraph (2)(A) in accordance with the agreement

will not exceed 90 percent of such compensation;".

Subsec. (b)(8)(A). Pub. L. 102-325, Sec. 443(f)(1), inserted ",

except as required in subparagraph (A) of paragraph (2)" before

semicolon at end.

Subsec. (b)(8)(C). Pub. L. 102-325, Sec. 443(f)(2), (g)(2),

inserted "that are directly related to the student's education"

after "student services" and struck out "and" at end.

Subsec. (b)(9) to (11). Pub. L. 102-325, Sec. 443(g)(1), (3),

added pars. (9) and (10) and redesignated former par. (9) as (11).

1987 - Subsec. (b). Pub. L. 100-50, Sec. 11(b), substituted

"paragraph (5)(B)" for "clause (6)(B)" in par. (2)(A), and

"paragraph (2)(A)" for "clause (2)(A)" in par. (5)(B).

Subsec. (c). Pub. L. 100-50, Sec. 11(c), substituted "As part of

its agreement" for "In addition to the" and inserted "and

subsection (b)(3) of this section" before semicolon at end of par.

(1).

1986 - Pub. L. 99-498 amended section generally, inserting

provisions relating to private sector employment agreements.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-208 effective as if included in the

Higher Education Amendments of 1992, Pub. L. 102-325, except as

otherwise provided, see section 5(a) of Pub. L. 103-208, set out as

a note under section 1051 of Title 20, Education.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of Title

20, Education.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-50 effective as if enacted as part of

the Higher Education Amendments of 1986, Pub. L. 99-498, see

section 27 of Pub. L. 100-50, set out as a note under section 1001

of Title 20, Education.

EFFECTIVE DATE OF 1986 AMENDMENT

Section 403(b)(2), formerly section 403(b), of Pub. L. 99-498, as

redesignated by Pub. L. 100-50, Sec. 22(c), June 3, 1987, 101 Stat.

361, provided that: "Sections 443(c), 446, and 447 of the Act

[sections 2753(c), 2756, and 2756a of this title] as amended by

this section shall apply to periods of enrollment beginning on or

after July 1, 1987."

EFFECTIVE DATE

Section effective Oct. 1, 1980, see section 1393 of Pub. L.

96-374, set out as an Effective Date of 1980 Amendment note under

section 1001 of Title 20, Education.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2755, 2756b of this

title; title 20 sections 1070c-2, 1078-7.

-FOOTNOTE-

(!1) So in original. Probably should be "part".

(!2) So in original.

-End-

-CITE-

42 USC Sec. 2754 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part C - Federal Work-Study Programs

-HEAD-

Sec. 2754. Sources of matching funds

-STATUTE-

Nothing in this part shall be construed as restricting the source

(other than this part) from which the institution may pay its share

of the compensation of a student employed under a work-study

program covered by an agreement under this part, and such share may

be paid to such student in the form of services and equipment

(including tuition, room, board, and books) furnished by such

institution.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 444, as added Pub. L. 99-498, title

IV, Sec. 403(a), Oct. 17, 1986, 100 Stat. 1435.)

-MISC1-

PRIOR PROVISIONS

A prior section 2754, Pub. L. 89-329, title IV, Sec. 444,

formerly title I, Sec. 144, as added, renumbered, and amended Pub.

L. 90-575, title I, Secs. 131(a), (b)(1), 133(a), (c), 134, 136,

137, 138, 139(2), Oct. 16, 1968, 82 Stat. 1028, 1029, 1030; Pub. L.

92-318, title I, Secs. 135C(a)(1), 135D, 135E, June 23, 1972, 86

Stat. 271; Pub. L. 94-482, title I, Sec. 128(c), Oct. 12, 1976, 90

Stat. 2143, set out conditions required of agreements with eligible

institutions, prior to repeal by Pub. L. 96-374, title IV, Sec.

434, Oct. 3, 1980, 94 Stat. 1434, eff. Oct. 1, 1980. See section

2753(b) of this title.

Section was originally enacted as section 124 of the Economic

Opportunity Act of 1964, Pub. L. 88-452, title I, Aug. 20, 1964, 78

Stat. 514. As such, it had been amended by Pub. L. 89-253, Sec. 10,

Oct. 9, 1965, 79 Stat. 974; Pub. L. 89-329, title IV, Sec. 441(1),

(4), (5), Nov. 8, 1965, 79 Stat. 1249; Pub. L. 90-82, Secs. 1, 2,

Sept. 6, 1967, 81 Stat. 194, and renumbered section 144 by Pub. L.

90-222, title I, Sec. 111(a), Dec. 23, 1967, 81 Stat. 726.

Under Pub. L. 90-575, title I, Sec. 131(a), Oct. 16, 1968, 82

Stat. 1028, section was transferred along with the remainder of

Part C of title I of the Economic Opportunity Act of 1964, Pub. L.

88-452, and inserted as Part C of title IV of the Higher Education

Act of 1964, Pub. L. 89-329. Former Part C of title IV of Pub. L.

89-329, as originally enacted, comprising sections 441 and 442

thereof, was struck out to accommodate the transferal but the

amendment of this section by section 441(1), (4), (5) of Pub. L.

89-239 was not struck out.

-End-

-CITE-

42 USC Sec. 2755 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part C - Federal Work-Study Programs

-HEAD-

Sec. 2755. Flexible use of funds

-STATUTE-

(a) Carry-over authority

(1) Of the sums granted to an eligible institution under this

part for any fiscal year, 10 percent may, at the discretion of the

institution, remain available for expenditure during the succeeding

fiscal year to carry out programs under this part.

(2) Any of the sums so granted to an institution for a fiscal

year which are not needed by that institution to operate work-study

programs during that fiscal year, and which it does not wish to use

during the next fiscal year as authorized in the preceding

sentence, shall remain available to the Secretary for making grants

under section 2753 of this title to other institutions in the same

State until the close of the second fiscal year next succeeding the

fiscal year for which such funds were appropriated.

(b) Carry-back authority

(1) Up to 10 percent of the sums the Secretary determines an

eligible institution may receive from funds which have been

appropriated for a fiscal year may be used by the Secretary to make

grants under this part to such institution for expenditure during

the fiscal year preceding the fiscal year for which the sums were

appropriated.

(2) An eligible institution may make payments to students of

wages earned after the end of the academic year, but prior to the

beginning of the succeeding fiscal year, from such succeeding

fiscal year's appropriations.

An eligible institution may, upon the request of a student, make

payments to the student under this part by crediting the student's

account at the institution or by making a direct deposit to the

student's account at a depository institution. An eligible

institution may only credit the student's account at the

institution for (1) tuition and fees, (2) in the case of

institutionally owned housing, room and board, and (3) other

institutionally provided goods and services.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 445, formerly title I, Sec. 145, as

added and renumbered Pub. L. 90-575, title I, Sec. 131(a), (b)(1),

Oct. 16, 1968, 82 Stat. 1028; amended Pub. L. 99-498, title IV,

Sec. 403(a), Oct. 17, 1986, 100 Stat. 1435; Pub. L. 102-325, title

IV, Sec. 444, July 23, 1992, 106 Stat. 566; Pub. L. 105-244, title

IV, Sec. 444, Oct. 7, 1998, 112 Stat. 1714.)

-COD-

CODIFICATION

Section was originally enacted as section 125 of the Economic

Opportunity Act of 1964, Pub. L. 88-452, title I, Aug. 20, 1964, 78

Stat. 516. As such, it had been amended by Pub. L. 89-329, title

IV, Sec. 441(6), Nov. 8, 1965, 79 Stat. 1250, and renumbered

section 145 by Pub. L. 90-222, title I, Sec. 111(a), Dec. 23, 1967,

81 Stat. 726.

Under Pub. L. 90-575, title I, Sec. 131(a), Oct. 16, 1968, 82

Stat. 1028, section was transferred along with the remainder of

Part C of title I of the Economic Opportunity Act of 1964, Pub. L.

88-452, and inserted as Part C of title IV of the Higher Education

Act of 1965, Pub. L. 89-329. Former Part C of title IV of Pub. L.

89-329, as originally enacted, comprising sections 441 and 442

thereof, was struck out to accommodate the transferal but the

amendment of this section by section 441(6) of Pub. L. 89-329 has

not been struck out.

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-244 added subsec. (c).

1992 - Subsec. (b). Pub. L. 102-325 designated existing

provisions as par. (1) and added par. (2).

1986 - Pub. L. 99-498 amended section generally, substituting

provisions relating to flexible use of funds for provisions

relating to sources of matching funds.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-325 effective Oct. 1, 1992, see section

2 of Pub. L. 102-325, set out as a note under section 1001 of Title

20, Education.

-End-

-CITE-

42 USC Sec. 2756 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM

SUBCHAPTER I - RESEARCH AND DEMONSTRATIONS

Part C - Federal Work-Study Programs

-HEAD-

Sec. 2756. Job location and development programs

-STATUTE-

(a) Agreements required

(1) The Secretary is authorized to enter into agreements with

eligible institutions under which such institution may use not more

than 10 percent or $50,000 of its allotment under section 2752 of

this title, whichever is less, to establish or expand a program

under which such institution, separately or in combination with

other eligible institutions, locates and develops jobs, including

community service jobs, for currently enrolled students.

(2) Jobs located and developed under this section shall be jobs

that are suitable to the scheduling and other needs of such

students and that, to the maximum extent practicable, complement

and reinforce the educational programs or vocational goals of such

students.

(b) Contents of agreements

Agreements under subsection (a) of this section shall -

(1) provide that the Federal share of the cost of any program

under this section will not exceed 80 percent of such cost;

(2) provide satisfactory assurance that funds available under

this section will not be used to locate or develop jobs at an

eligible institution;

(3) provide satisfactory assurance that funds available under

this section will not be used for the location or development of

jobs for students to obtain upon graduation, but rather for the

location and development of jobs available to students during and

between periods of attendance at such institution;

(4) provide satisfactory assurance that the location or

development of jobs pursuant to programs assisted under this

section will not result in the displacement of employed workers

or impair existing contracts for services;

(5) provide satisfactory assurance that Federal funds used for

the purpose of this section can realistically be expected to help

generate student wages exceeding, in the aggregate, the amount of

such funds, and that if such funds are used to contract with

another organization, appropriate performance standards are part

of such contract; and

(6) provide that the institution will submit to the Secretary

an annual report on the uses made of funds provided under this

section and an evaluation of the effectiveness of such program in

benefiting the students of such institution.

-SOURCE-

(Pub. L. 89-329, title IV, Sec. 446, formerly title I, Sec. 126, as

added, renumbered, and amended Pub. L. 90-575, title I, Secs.

131(a), (b)(2), 133(a), Oct. 16, 1968, 82 Stat. 1028, 1029; Pub. L.

94-43, Sec. 2, June 28, 1975, 89 Stat. 233; Pub. L. 96-374, title

IV, Sec. 435, title XIII, Sec. 1391(a)(1), Oct. 3, 1980, 94 Stat.

1435, 1503; Pub. L. 99-498, title IV, Sec. 403(a), Oct. 17, 1986,

100 Stat. 1435; Pub. L. 100-50, Sec. 11(d), June 3, 1987, 101 Stat.

348; Pub. L. 102-325, title IV, Sec. 445, July 23, 1992, 106 Stat.

566.)

-COD-

CODIFICATION

Section was originally enacted, as section 126 of the Economic

Opportunity Act of 1964, Pub. L. 88-452, title I, Aug. 20, 1964, 78

Stat. 516. As such, it had been amended by Pub. L. 89-329, title

IV, Sec. 441(1), Nov. 8, 1965, 79 Stat. 1249.