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B-164031(1).175 1 (1978-08-11)

handle is hein.gao/gaobadggd0001 and id is 1 raw text is: THI COMPTROLLER CENEflAL O. TS P T UNITED STATES W ASHINGT oN. 0 c. aosas FILC-: B-164031(1).175 DATE: August 11, 1978 MATTER OF: National Commiaion on Libraries and Information Sciine 037I!!B: 1. Section 223 of the Higher Education Act of 1965, Title II, Part R, as amended, authorizes the Office of Library and Learning Resources, Office of Education, Department of Health, Kducation and elfare, to make grants to and contracts with public and prlvate agencies and institutions. Regulations define public agency to exclude Federal agencies. The National Commission on Library and Information Science is an independ- ent agency in the executive branch and therefore is not eligible to receive funds under section 2x3. 2. The Commisaloner o! Education has no authority to make an exception from the statutory regula- ticn (45 C.F.R. § 100.1) which defines public agency as excluding Federal agencies for purposes of grant or contract awards under section 223 of the Higher Education Act of 1965. The Executive Director, National Commission on Libraries and Infurration Science (Commission) has asked for our opinion on the legality of a transfer of funds from the Offici of Libraries and Learning Resources (OLLR) in the Office of Education (OE), Depart- ment of HealLh, Educntion and Welfare (MW), to the Commission, under the Higher 'Educa'1on Act of 1965. The Commission was established in 1970 as an independent agency within the executive branch. 20 U.S.C. 9 1502 (1976). The Commis- sion has primary responsibility for developing or recommending over- all plnas, and advising appropriate Federa3, State, or local Govern- ments and agencies, to assure that library and information services are adequate to reet the neeis of the people of the United States. - 1 - t I I 0C:BION

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