
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: 42USC2756]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM
 
                SUBCHAPTER I--RESEARCH AND DEMONSTRATIONS
 
                   Part C--Federal Work-Study Programs
 
Sec. 2756. Job location and development programs


(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.

(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.)

                          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.
    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(1) of Pub. L. 89-329 has not been struck out. For amendment of 
section in addition to the transfers and redesignations treated above, 
see 1968 Amendment note below.


                            Prior Provisions

    Provisions similar to this section were contained in section 2756a 
of this title prior to the general revision of this part by Pub. L. 99-
498.


                               Amendments

    1992--Pub. L. 102-325 amended section generally, restating subsecs. 
(a) and (b) with changes in substance and structure and striking out 
subsec. (c) which defined ``community services''.
    1987--Subsec. (b)(3) to (7). Pub. L. 100-50 redesignated pars. (4) 
to (7) as (3) to (6), respectively, and struck out former par. (3) which 
read as follows: ``provide satisfactory assurance that the institution 
will continue to spend in its own job location and development programs, 
from sources other than funds received under this section, not less than 
the average expenditures per year made during the most recent 3 fiscal 
years preceding the effective date of the agreement;''.
    1986--Pub. L. 99-498 amended section generally, substituting 
provisions relating to job location and development programs for 
provisions relating to equitable distribution of assistance.
    1980--Subsec. (a). Pub. L. 96-374, Secs. 435(a), 1391(a)(1), 
substituted ``Secretary'' for ``Commissioner'' and inserted provision 
that criteria established under this subsection not result in 
institution's receiving an amount less than institution used under this 
section for fiscal year 1979, unless there has been a substantial 
decline in student enrollment of institution.
    Subsec. (b). Pub. L. 96-374, Sec. 435(b), inserted provision that, 
of sums granted to an eligible institution under this part for any 
fiscal year, 10 per centum may, at discretion of institution, remain 
available for expenditure during succeeding fiscal year to carry out 
programs under this part, and substituted ``close of the second fiscal 
year next succeeding the fiscal year for which funds were appropriated'' 
for ``close of the fiscal year next succeeding the fiscal year for which 
such funds were appropriated'' in provision covering available time 
period during which funds not used remain available to Secretary for 
making grants to other institutions in same State.
    Subsec. (c). Pub. L. 96-374, Sec. 435(b), added subsec. (c).
    1975--Pub. L. 94-43 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1968--Pub. L. 90-575, Sec. 133(a), substituted ``eligible 
institutions'' for ``institutions of higher 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 applicable to periods of enrollment beginning on or after 
July 1, 1987, see section 403(b)(2) of Pub. L. 99-498, set out as a note 
under section 2753 of this title.


                    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 1975 Amendment

    Section 5 of Pub. L. 94-43 provided that:
    ``(a) The amendment made by the provisions of section 2 of this Act 
[amending this section] shall be effective with respect to 
appropriations for fiscal years beginning after June 30, 1974.
    ``(b) Subsections (b) and (d) of section 431 [now 437] of the 
General Education Provisions Act [section 1232(b) and (d) of Title 20, 
Education] shall not operate to delay the effectiveness of regulations 
issued by the Commissioner of Education to implement the provisions of 
this Act [see Short Title of 1975 Amendment note set out under section 
2701 of this title].''

                  Section Referred to in Other Sections

    This section is referred to in sections 2753, 2756b of this title.
