
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: 42USC2755]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM
 
                SUBCHAPTER I--RESEARCH AND DEMONSTRATIONS
 
                   Part C--Federal Work-Study Programs
 
Sec. 2755. Flexible use of funds


(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.

(c) Flexible use of funds

    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.

(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.)

                          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.


                               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.
