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B-214810 1 (1984-11-29)

handle is hein.gao/gaobadmap0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION . CP THE UNITEC UTATEU WASHINGTON. O.C. 20548 FILE: B-214810 DATE: November 29, 1984 MATTER OF: Department of Agriculture Graduate School -- Interagency orders for training DIGEST: 14raduate School of Department of Agriculture, as a non-appropriated fund instrumentality (NAFI), is not a proper recipient of interagency orders from Government agencies for training services pursuant to the Economy Act, 31 U.S.C. S 1535, or the Government Employees Training Act, 5 U.S.C. S 4104 (1982). Interagency agreements are not proper vehicles for transactions between NAFIs and Government agencies. 4'This is in response to a request from the Secretary of Agriculture for a decision regarding the propriety of interagency agreements under which the Graduate School of the Department of Agriculture provides education or training services to Federal agencies on a reimbursable basis. As authority for these agreements, the Secretary cites provi- sions of the Economy Act, 31 U.S.C. S 1535, and the Govern- ment Employees Training Act, 5 U.S.C. S 4104 (1982). As set forth below, we conclude that neither of these statutes constitutes authority for the agreements in question. The Graduate School of the U.S. Department of Agriculture conducts academic courses and training programs in a large number of disciplines, ranging from Arts and Humanities to Secretarial Studies. The Graduate School is a non-profit organization under the general supervision of the Department of Agriculture. The Secretary of Agriculture appoints a General Administration Board of 15 members (more than half of whom are Department of Agriculture officials,) which functions similarly to a university board of trustees. .the Graduate School receives no appropriated funds, but rather operates with funds derived from student fees and revenue from training services. Full time employees of the Graduate School are not Federal employees for purposes of the Federal employment laws. Most of the instruction is conducted by independent contractors. TQ 0 4-7 '

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