
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2753]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM
 
                SUBCHAPTER I--RESEARCH AND DEMONSTRATIONS
 
                   Part C--Federal Work-Study Programs
 
Sec. 2753. Grants for Federal work-study programs


(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;
            (C) does not involve the construction, operation, or 
        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;
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    \1\ So in original. Probably should be ``part''.

        (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
            (C) an institution may use a portion of the sums granted to 
        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.

(c) Private sector employment agreement

    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--
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    \2\ So in original.
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        (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.

(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.)

                       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 generally by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 
108 Stat. 3519, 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.


                            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.

                  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.
