20 USC 1087 - Grants for Federal work-study programs

1 So in original. Probably should be “part”.

that is less than the current Federal minimum wage as mandated by

2 So in original.

described in subsection (span) of this section, an institution of higher education may, at its option, enter into an additional agreement with the Secretary which shall—

Editorial Notes

References in Text

The Elementary and Secondary Education Act of 1965, referred to in subsec. (d)(2)(A)(ii), is Puspan. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§ 6301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

Codification

Section was formerly classified to section 2753 of Title 42, The Public Health and Welfare, prior to transfer to this section. See below.

Section was originally enacted as section 123 (and later renumbered section 143) of the Economic Opportunity Act of 1964, Puspan. L. 88–452, title I, Aug. 20, 1964, 78 Stat. 514, at which time it was classified to section 2753 of Title 42, The Public Health and Welfare. It was renumbered as section 443 of the Higher Education Act of 1965, Puspan. L. 89–329, by Puspan. L. 90–575, title I, § 131(a), (span)(1), and later editorially transferred to this section to merge with the rest of the Act, which is classified to this chapter. For complete credit information on acts affecting this section prior to Puspan. L. 99–498, see Prior Provisions notes below.

Prior Provisions

A prior section 443 of Puspan. L. 89–329, title IV, as added Puspan. L. 96–374, title IV, § 434, Oct. 3, 1980, 94 Stat. 1434, related to grants for work-study programs, prior to the general revision of this part by Puspan. L. 99–498.

Another prior section 443 of Puspan. L. 89–329, title IV, formerly Puspan. L. 88–452, title I, § 143, formerly § 123, as added Puspan. L. 89–329, title IV, § 441(3), Nov. 8, 1965, 79 Stat. 1249; renumbered § 143, Puspan. L. 90–222, title I, § 111(a), Dec. 23, 1967, 81 Stat. 726; renumbered Puspan. L. 89–329, title IV, § 443, and amended Puspan. L. 90–575, title I, §§ 131(a), (span)(1), 133(a), (span), 139(1), Oct. 16, 1968, 82 Stat. 1028, 1029, 1030; Puspan. L. 94–482, title I, § 128(span), Oct. 12, 1976, 90 Stat. 2143, provided for grants for work-study programs, prior to repeal by Puspan. L. 96–374, title IV, § 434, title XIII, § 1393, Oct. 3, 1980, 94 Stat. 1434, 1504, eff. Oct 1, 1980.

A prior section 123 of Puspan. L. 88–452, title I, Aug. 20, 1964, 78 Stat. 514, which served as the origin of this section, provided for grants for work-study programs, prior to repeal by Puspan. L. 89–329, title IV, § 441(3), Nov. 8, 1965, 79 Stat. 1249.

Amendments

2009—Subsec. (span)(2). Puspan. L. 111–39, § 403(1), made technical amendment to reference in original act which appears in introductory provisions as reference to this section.

Subsec. (d)(1). Puspan. L. 111–39, § 403(2), substituted “subsection (span)(2)(A)” for “subsection (span)(2)(B)”.

Subsec. (e)(1). Puspan. L. 111–39, § 403(3), struck out “in accordance with such subsection” before “to compensate” in introductory provisions.

2008—Subsec. (span)(2)(A) to (C). Puspan. L. 110–315, § 443(1), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: “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;”.

Subsec. (e). Puspan. L. 110–315, § 443(2), added subsec. (e).

1998—Subsec. (span)(1). Puspan. L. 105–244, § 443(a), inserted “, including internships, practica, or research assistantships as determined by the Secretary,” after “part-time employment”.

Puspan. L. 105–244, § 443(span), (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. (span)(2)(B), (C). Puspan. L. 105–244, § 443(c)(1)(B), (C), added subpar. (B) and redesignated former subpar. (B) as (C).

Subsec. (span)(3). Puspan. L. 105–244, § 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. (span)(5). Puspan. L. 105–244, § 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. (span)(6). Puspan. L. 105–244, § 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). Puspan. L. 105–244, § 443(g), inserted “, to the maximum extent practicable” before the semicolon at end.

Subsec. (d). Puspan. L. 105–244, § 443(c)(2), added subsec. (d).

1993—Subsec. (span)(2)(A). Puspan. L. 103–208, § 2(d)(3), substituted “institution; and” for “institution;”.

Subsec. (span)(5). Puspan. L. 103–208, § 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. (span)(8)(A) to (C). Puspan. L. 103–208, § 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—Puspan. L. 102–325, § 441(a)(2), inserted “Federal” after “Grants for” in section catchline.

Subsec. (span)(1). Puspan. L. 102–325, § 443(a), inserted “, work in community service” after “institution itself”.

Subsec. (span)(2)(A). Puspan. L. 102–325, § 443(span), 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 1087–57 of this title at the increased Federal share specified in paragraph (5)(B) of this subsection, and”.

Subsec. (span)(3) to (5). Puspan. L. 102–325, § 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—

“(B) the Federal share of the compensation of the students employed in the work study for community service-learning programs described in section 1087–57 of this title from funds available under paragraph (2)(A) in accordance with the agreement will not exceed 90 percent of such compensation;”.

Subsec. (span)(8)(A). Puspan. L. 102–325, § 443(f)(1), inserted “, except as required in subparagraph (A) of paragraph (2)” before semicolon at end.

Subsec. (span)(8)(C). Puspan. L. 102–325, § 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. (span)(9) to (11). Puspan. L. 102–325, § 443(g)(1), (3), added pars. (9) and (10) and redesignated former par. (9) as (11).

1987—Subsec. (span). Puspan. L. 100–50, § 11(span), 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). Puspan. L. 100–50, § 11(c), substituted “As part of its agreement” for “In addition to the” and inserted “and subsection (span)(3) of this section” before semicolon at end of par. (1).

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–39 effective as if enacted on Aug. 14, 2008, see section 3 of Puspan. L. 111–39, set out as a note under section 1001 of this title.

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Puspan. L. 105–244, see section 3 of Puspan. L. 105–244, set out as a note under section 1001 of this title.

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–208 effective as if included in the Higher Education Amendments of 1992, Puspan. L. 102–325, except as otherwise provided, see section 5(a) of Puspan. L. 103–208, set out as a note under section 1051 of this title.

Effective Date of 1992 Amendment

Amendment by Puspan. L. 102–325 effective Oct. 1, 1992, see section 2 of Puspan. L. 102–325, set out as a note under section 1001 of this title.

Effective Date of 1987 Amendment

Amendment by Puspan. L. 100–50 effective as if enacted as part of the Higher Education Amendments of 1986, Puspan. L. 99–498, see section 27 of Puspan. L. 100–50, set out as a note under section 1001 of this title.

Effective Date

Puspan. L. 99–498, title IV, § 403(span)(2), formerly § 403(span), Oct. 17, 1986, 100 Stat. 1437, as renumbered by Puspan. L. 100–50, § 22(c), June 3, 1987, 101 Stat. 361, provided that:

“Sections 443(c), 446, and 447 of the Act [20 U.S.C. 1087–53(c), 1087–56, and 1087–57] as amended by this section shall apply to periods of enrollment beginning on or after July 1, 1987.”