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B-194904 1 (1979-11-28)

handle is hein.gao/gaobabjgd0001 and id is 1 raw text is: I I, I LU -I r , GAO United States General Accounting Offke Office of Washington, DC 20548 General Counsel In Reply Refer to: 5-194904 November 28' 1979 The Honorable Joseph R. Biden, Jr. United 'States Senate _.: - %1:.4L ,j1'J 1 i 1i L at '-i. Dear Senator Biden: T1his is in response to your request for our Office to review the I Ejegal,ity of certain actionstaken by the Rehabilitation Services C!3 Administrationj(RSA), Department of Health, Education, ard Welfare ,(HEW), with rTspeot to the funding of so-called minimum States under section 110(a) of the Rehabilitation Act of 1973, 29 U.S.,. § 730(a), * as amended by section 101(c) of the Rehabilitation, Comprehensive Services and Developmental Disabilities Amendrments of 1978, approved November 6, 1978, Pub. L. No. 95-602, 92 Stat, 2955. Section l10(a)(3) of the Rehabilitation Act of 1973, at amended, reads as follows: (3) The sum .if the payment to any State (other than Guam, American Samca, the Virgin Islands,,, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands) under this subsection for any fis'al year which is less than one-third of 1 percent of the ,amountappro- priated under sectil l100(b) (1), or $3,000,000, which- ever is greater, shall be increased to that amount, the total of the increase; thereby required being derived by proportionately reducing the allotment to each of the remaining such States under this subsection, but with J such adjustments as may be necessary to prevent the sum of the allotments made under this subsection to any such remaining State from be'ng thereby reduced to less than that amount. I Although RSA took the poition initially that it would honor the $3,000,000 minimum provilion, and apparently allocated funds to ELinimum States, including Delaware, on' that basis in the first two quarters of the 1979 fiscal year, RSA subsequently advised State Rehabilitation Agencieu that it would not be able to fund the minimum States at the $3,000,000 level in fiscal 1979. Instead, RSA claimed that because the program was operating under a Continuing Resolution, approved October 18 1979, Pub. L. No. 95-482, which limited funding for. this program in 1 5079 I -j

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