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B-194074 1 (1979-03-26)

handle is hein.gao/gaobadhbm0001 and id is 1 raw text is: FA~ r~ DECISION THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 205 4 8 FILE: B-194074 CDATE: March 26, 1979 MATTER OF: Status of National Commission on Air Quality -D L1 o ( 28 DIGEST: Legislation creating the National Commission on Air Quality does not specifically designate it as a legislative or executive agency. Commission's reporting and advisory responsibilities are only to Congress; it has no .regulatory or executive powers, and 4 of its 11 members are designated officers of Congress or are appointed by Congress. Not- withstanding that other seven members are appointed by President, Commission is a legislative branch agency. This is in response to a request by the Chairman of the National Commission on Air Quality (NCAQ) for a decision on whether the Commis- sion is a legislative or executive branch agency. The question is significant in determining where financial disclosure statements required under Pub. L. No. 95-521 are to be filed, among other reasons. The Chairman sent a copy of a letter from the Bureau of Executive Personnel of the Civil Service Commission (now the Office of Personnel Management) stating that the NCAQ's employees are not in the executive branch of the Government, and a memorandum from the Congressional Research Service, Library of Congress, concluding that NCAQ should be considered a legislative agency. We agree with these opinions. The NCAQ was established by section 313 of the Clean Air Act Amendments of 1977, Pub. L. No. 95-95, August 7, 1977, 91 Stat. 685, 785, to study and report to the Congress on eight specific areas related to economic, technological, legal, and environmental impli- cations of implementing clean air programs. Deadlines are specified for certain reports, with the final report containing the result of all Commission studies and investigations not included in the earlier studies to be completed not later than August 7, 1979. Four of the 11 Commission members are the Chairmen and ranking minority members of the Senate Committee on Public Works and the House Committee on Interstate and Foreign Commerce, or their dele- gates, appointed by them from among representatives of their respec- tive committees. The seven other members are appointed by the President from among members of the public. Apart from the Presidential, a~s V xcL 2.A~ -C

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