10 1 2 INCLUSION OF INNOVATION IN REGULAR STATE PROGRAM SEC. 15. (a) The Vocational Rehabilitation Act is 3 amended by striking out section 3 thereof and redesignating 4 sections 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, and 18, and 5 all references thereto as sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 17, respectively. 6 7 (b) The Vocational Rehabilitation Act is further 8 amended by striking out 9 10 11 12 13 14 15 16 17 13 19 20 21 17 22 23 (1) "(except for expenditures with respect to which the State is entitled to payments under section 3)" in section 2 (b); (2) "and section 3" in section 2 (c); (3) "or 3" wherever it appears in the section redesignated as section 4 (c) by subsection (a) of this section; (4) "or 3" in the first sentence of the section redesignated as section 5 by subsection (a) of this section; and (5) "and 3" in the section redesignated as section. 14 (d) by subsection (a) of this section. (c) Subsection (b) of section 2 of such Act is amended by inserting, "including the innovation of such services," immediately following Vocational Rehabilitation Services 21 wherever that phrase appears in such subsection. 11 ADVANCE FUNDING 1 2 SEC. 16. The Vocational Rehabilitation Act is amended 3 by inserting after the section redesignated as section 14 by 4 section 15 (a) of this Act the following new section: 5 6 "ADVANCE FUNDING "SEC. 15. To the end of affording the responsible State, 7 local, and Federal officers concerned adequate notice of avail8 able Federal financial assistance under this Act, appropria9 tions for carrying out this Act are authorized to be included 10 in the appropriation Act for the fiscal year preceding the 11 fiscal year for which they are available for obligation. In 12 order to effect a transition to this method of timing appro13 priation action, the preceding sentence shall apply notwith14 standing that its initial application will result in the enact15 ment in the same year (whether in the same appropriation 16 Act or otherwise) of appropriations for each of two consecu17 tive fiscal years." 18 19 APPLICATION OF PROVISIONS OF FEDERAL LAW SEC. 17. The Vocational Rehabilitation Act is amended 20 by inserting after section 15 thereof, as added by section 16 of 21 this Act, the following new section: 22 23 "APPLICATION OF PROVISIONS OF FEDERAL LAW "SEC. 16. An individual who, as a part of his rehabili 24 tation under a State plan approved under section 4 of this 12 1 Act, participates in a program of work experience in a Fed2 eral agency, shall not, by reason thereof, be considered to be 3 a Federal employee or to be subject to the provisions of law 4 relating to Federal employment, including those relating to 5 hours of work, rates of compensation, leave, unemployment 6 compensation, and Federal employee benefits." 7 8 EFFECTIVE DATE SEC. 18. The amendments made by this Act shall become 9 effective with respect to appropriations for fiscal years begin10 ning after June 30, 1972. In response to your letter of March 20, 1972, requesting our coments on 5. 3368, a bill, which if enacted, will be cited as the "Vocaal Rehabilitation Amendments of 1972," we offer the following Nether S. 3368 nor the Vocational Rehabilitation Act, as amended, mipterns a provision authorizing the Secretary of Health, Education, ...dlf.re and the Comptroller General or his representatives to have ace se, for the purpose of audit and examination, to the books and ris of the recipients of the Federal grants. Such authority is www.led to Federal grantor agencies and to the Comptroller General mer best to grants-in-aid to States pursuant to section 202 of .71 overnmental Cooperation Act of 1968, 82 Stat. 1101. We that the Committee consider providing this authority with t to other recipients of funds under S. 3368. This could be are lined by the following language: "ch recipient of a grant under this Act shall " Ccretary and the mytroller C neral of the in are neruiunt to such grant." following are some suggestions regarding the format and organization of the proposed bill. B-164198 Section 15(b)(5) of the proposed bill apparently should read "*** ac section 13(d) by subsection (a) of this section" rather then "14(d)". Section 2(b) of the proposed bill should read "Scction 7 of such Act is amended by striking out subsection (a) thereof and redesignating subsection (e) as subsection (d)". The Committee may wish to reorganize the format of the proposed bill, any of the Act's existing subsections are renumbered by section 15(a) of the proposed bill, after several references and changes live been made to these sections. It may eliminate a certain amount of confusion by inserting the changes contained in section 15(a) of the proposed bill as section 2 of the proposed bill. Also, there are a number of references contained in the Act which would need to be changed as a result of the revisions contained in the proposed bill. In rection 11() of the present Act, reference to section 5(a)(1) should be changed to section 4(a)(1). In section 11(1) of the present Act, reference to sections 12 and 16, should be changed to sections 10 and 14, rozicetively. In ection 11(i) of the present Act, reference to section (3) (a)(2)() should be changed to section 9(a)(2)(E); tod refecrace to section 12(c) should be changed to sectim 10(e). In sections 12(t) ad 13(1)(3)(1) of the present Act, etenee to section 5()(1) sould be changed to section 4(a)(1). in elion 14 of the pro út fel, reference to secLina 5(4)(3) should be chod to recion 4(a)(3). In rection 15(a) of the ant Act, reference to Sections 11(n) and 11(b) would be chud to sectio.39(h) rad 9(b), respectively. Also, references B-164198 a teetion 15(b), (c), and (d) of the present Act to (Additional Departmental letters appear on pp. 1728-1732.) |