Page 67 2949 II, title III-A, and title IV the meaning of "State" shall also 42 USC include the Trust Territory of the Pacific Islands; except that when used in section 225 of this Act this term means only a State or the District of Columbia. The term "United States" when used in a geographical sense includes all those places named in the previous sentence, and all other places continental or insular, subject to the jurisdiction of the United States; (2) the term "financial assistance" when used in titles I, II, III-B, IV, and V-B includes assistance advanced by grant, agreement, or contract, but does not include the procurement of plant or equipment, or goods or services; (3) the term "permanent resident of the United States" when used in titles I-A and I-B shall include any native and citizen of Cuba who arrived in the United States from Cuba as a non-immigrant or as a parolee subsequent to January 1, 1959, under the provisions of section 214(a) or 212(d) (5), respectively, or any person admitted as a conditional entrant under section 203(a) (7), of the Immigration and Nationality Act; and (4) The term "Director" means the Director of the Office of Economic Opportunity. PROGRAMS FOR THE ELDERLY POOR 2950 SEC. 610. It is the intention of Congress that whenever feasible e special problems of the elderly poor shall be considered in e development, conduct, and administration of programs under is Act. The Director shall (1) carry out such investigations nd studies, including consultations with appropriate agencies 42 USC nd organizations, as may be necessary to develop and carry out plan for the participation of the elderly poor in programs under is Act, including programs providing employment opportunes, public service opportunities, education and other services nd activities which assist the elderly poor to achieve self-sufiency; (2) maintain a constant review of all programs under is Act to assure that the needs of the elderly poor are given equate consideration; (3) initiate and maintain interagency ison with all other appropriate Federal agencies to achieve coordinated national approach to the needs of the elderly poor; d (4) determine and recommend to the President and the Coness such programs requiring additional authority and the necesry legislation to provide such authority. In exercising his reonsibilities under this section, the Director shall cooperate with e Commissioner on Aging. The Director shall describe the ways which this section has been implemented in the annual report quired by section 608. COMPARABILITY OF WAGES SEC. 610-1. (a) The Director shall take such action as may necessary to assure that persons employed in carrying out 42 USC ograms financed under part A of title I or title II (except a -son compensated as provided in section 602) shall not receive 2951 2961 Page 68 compensation at a rate which is (1) in excess of the average rate of compensation paid in the area where the program is carried out to a substantial number of the persons providing substantially comparable services, or in excess of the average rate of compensation paid to a substantial number of the persons providing substantially comparable services in the area of the person's immediately preceding employment, whichever is higher or (2) less than the minimum wage rate prescribed in section 6(a)(1) of the Fair Labor Standards Act of 1938. (b) Not later than sixty days after the close of the fiscal year 1967 and each fiscal year thereafter the Director shall prepare and submit to the President for submission to the Congress a list of the names of all officers or employees whose compensation is subject to the limitations set forth in subsection (a) of this section and who were receiving at the end of such fiscal year a salary of $10,000 or more per year, together with the amount of compensation paid to each person and the amount of such compensation paid from funds advanced or granted pursuant to this Act. No grant, contract or agreement shall be made under any of the provisions of this Act referred to in subsection (a) of this section which does not contain adequate provisions to assure the furnishing of information required by the preceding sentence. (c) No person whose compensation exceeds $6,000 per annum and is paid pursuant to any grant, contract, or agreement authorized under part A of title I or part A of title II (except a person compensated as provided in section 602) shall be employed at a rate of compensation which exceeds by more than 20 percent the salary which he was receiving in his immediately preceding employment, but the Director may grant exceptions for specific cases. In determining salary in preceding employment for one regularly employed for a period of less than 12 months per year, the salary shall be adjusted to an annual basis. LIMITATION ON BENEFITS FOR THOSE VOLUNTARILY POOR SEC. 611. The Director shall take such action as may be neces42 USC sary to assure that, in determining a person's eligibility for benefits under this Act on account of his poverty, such person will not be deemed to meet the poverty criteria if his lack of income results from his refusal, without good cause, to seek or accept employment commensurate with his health, age, education, and ability. 42 USC 2962 JOINT FUNDING SEC. 612. Pursuant to regulations prescribed by the President, where funds are advanced for a single project by more than one Federal agency to a community action agency or other agency assisted under this Act, any one Federal agency may be designated to act for all in administering the funds advanced. In such cases, a single local share requirement may be established according to the proportion of funds advanced by each agency, and any such agency may waive any technical grant or contract require Page 69 ent (as defined by such regulations) which is inconsistent with he similar requirements of the administering agency or which ne administering agency does not impose. LIMITATION WITH RESPECT TO CERTAIN UNLAWFUL ACTIVITIES SEC. 613. No individual employed or assigned by any comunity action agency or other agency assisted under this Act all, pursuant to or during the performance of services rendered connection with any program or activity conducted or assisted ider this Act by such community action agency or such other rency, plan, initiate, participate in, or otherwise aid or assist in 42 USC e conduct of any unlawful demonstration, rioting, or civil disrbance. 2963 PROHIBITION OF FEDERAL CONTROL SEC. 614. Nothing contained in this Act shall be construed to thorize any department, agency, officer, or employee of the nited States to exercise any direction, supervision, or control 42 USC er the curriculum, program of instruction, administration, or rsonnel of any educational institution or school system. DURATION OF PROGRAM SEC. 615. The Director shall carry out the programs provided r in this title during the fiscal year ending June 30, 1967, and 2964 › five succeeding fiscal years. For each such fiscal year only such 42 USC ns may be appropriated as the Congress may authorize by V. TRANSFER OF FUNDS SEC. 616. Notwithstanding any limitation on appropriations for ✓ program or activity under this Act or any Act authorizing propriations for such program or activity, not to exceed 10 per tum for fiscal years ending prior to July 1, 1970, and not to eed 15 per centum for fiscal years ending thereafter of the ount appropriated or allocated from any appropriation for the pose of enabling the Director to carry out any such program or ivity under the Act may be transferred and used by the Director the purpose of carrying out any other such program or activity ler the Act; but no such transfer shall result in increasing the ounts otherwise available for any program or activity by (1) more than 100 per centum in the case of any program or activity for which the amounts otherwise available are $10,000,000 or less; or (2) more than 35 per centum in the case of any program or activity for which the amounts otherwise available exceed $10,000,000. DISTRIBUTION OF BENEFITS BETWEEN RURAL AND URBAN AREAS SEC. 617. The Director shall adopt appropriate administrative 2965 42 USC 2966 asures to assure that benefits of this Act will be distributed 42 USC itably between residents of rural and urban areas. 2967 Page 70 LIMITATIONS ON FEDERAL ADMINISTRATIVE EXPENSES SEC. 619. The total administrative expenses, including the compensation of Federal employees, incurred by Federal agencies under the authority of this Act for any fiscal year shall not ex42 USC ceed ten percent of the amount authorized to be appropriated by this Act for that year: Provided, however, that grants, subsidies, and contributions, and payments to individuals, other than Federal employees shall not be counted as an administrative 2969 expense. 2970 PRIVATE ENTERPRISE PARTICIPATION SEC. 620. The Director and the heads of any other Federal de42 USC partments or agencies to which the conduct of programs described in this Act have been delegated shall take such steps as may be desirable and appropriate to insure that the resources of private enterprise are employed to the maximum feasible extent in the programs described in this Act. The Director and such other agency heads shall submit at least annually to the Congress a joint or combined report describing the actions taken and the progress made under this section. 42 USC 2971 42 USC 2971a RESPONSIBILITY FOR FOLLOW THROUGH PROGRAMS SEC. 621. Pursuant to section 602(d), the Director shall delegate his functions under section 222(a) (2) to the Secretary of Health, Education, and Welfare, and such functions shall be carried out through the Office of Education of the Department of Health, Education, and Welfare. ADVANCE FUNDING 2 SEC. 622. For the purpose of affording adequate notice of funding available under this Act, appropriations for grants, contracts, or other payments under this Act are authorized to be included in the appropriation Act for the fiscal year preceeding the fiscal year for which they are available for obligation. PART B-COORDINATION STATEMENT OF PURPOSE SEC. 630. This part establishes an Economic Opportunity Council, provides for an information center, and prescribes certain duties and responsibilities. Its purpose is to promote better coor 1 Section 618 which formerly preceded this section expired by its terms at the end of the fiscal year 1967 (see section 611 of the Economic Opportunity Amendments of 1966, Public Law 89-794, 80 Stat. 1471). 2 This new section was added to part A of title VI by section 111(a) of the Economic Oppertunity Amendments of 1969, Public Law 91-177, December 30, 1969, 83 Stat. 827, 831, and seetion 111(b) of these Amendments states that "In order to effect a transition to the advance funding method of timing appropriation action, the amendment made by section 111(a) shall apply notwithstanding that its initial application will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year." Page 71 ination among all programs related to this Act, with a view to aking those programs more effective in reaching and serving he poor, assisting State and local agencies to adapt diverse Fedral programs to varying local problems and conditions, stimulatig new and more imaginative ways of combining complementary ederal resources in the solution of specific problems, and gen- 42 USC ally improving cooperation and communication among all vels of government, agencies, and institutions in matters reted to the purposes of this Act. ECONOMIC OPPORTUNITY COUNCIL 2972 2973 SEC. 631. (a) There is established, in the Executive Office of the resident, the Economic Opportunity Council (hereinafter rerred to as the "Council"), which shall be composed of the Dictor and the heads of such Federal departments and agencies, 42 USC ch Presidential assistants and such other officials of the Federal overnment as the President may from time to time designate. ie President shall designate one of the members of the Council serve as chairman. Each member shall designate an alternate sit in his stead in the event of his unavoidable absence. (b) It shall be the responsibility of the Council to assist the 'esident in (1) providing for the coordination of Federal programs and activities related to this Act; (2) developing basic policies and setting priorities with respect to such programs and activities; (3) resolving differences arising among Federal departments and agencies with respect to such programs and activities; and (4) initiating and arranging for the carrying out of specific actions or projects designed to achieve the objectives of this Act. (c) The President shall appoint an Executive Secretary' of › Council. The Executive Secretary is authorized to appoint d fix the compensation of such personnel as may be necessary assist him in the performance of his duties. Employees of other deral departments and agencies may be detailed to the Council m time to time to provide temporary assistance. (d) To the extent appropriate, a report of the activities of Council shall be included in the annual report of the Director the President and to the Congress, or in a separate report to ⚫ Congress. (e) From the sums authorized and appropriated to carry out provisions of this title, the President shall reserve such ounts as may be necessary to carry out the purposes of this tion. Section 111(c) of the Economic Opportunity Amendments of 1967, Public Law 90-222, |