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B-206573 1 (1982-08-16)

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B-206573                                         Airv0t 34, '2


The Honorable Paul Smon
Chairman, Subcoittre on
Post seconary Education
Comittee on Education and Labor
House of Representatives

Dear Mr. Chairuan:

     This is in response to your letter of February 16, 1982, requesting our
opinion as to the legality of the Department of lAucation's expenditure of
funds appropriated to carry out prograns under the ighcr gducarion Act of
1965, as amended, to ay for field readers, who eva!uate and rate proposals
submitted to the Dpi-rrent for funding, and ocher eonsultent services. You
cnclosed Uih y*our letr       '- cop> of a Deparr:n of Education memo rsan
dated Deceer 8, 1931, which addrcssed thiis       sue.

     The Departient essentially utilizes two methods to obtain the subject
eon'iultcnt serwito., One is to hire individual consultants throuzh the
a*rsonrel process; these individuals beco     special Govermet enploynts.
The other is to conrract with individuas or groups or oTganizatOns tQo
obtain coneulting services.

     he iprt~nt has deterzcined that the choice of hirirt       mrhod wil
detri    to Borc extent unhich funis will be utilized.     After revienin   its
legislative authority and past adninistrative practices, rho departmen co-
eludes that

     AA *   in the absence of any specific statutory prohibition
     insertd by Cohr e       7ss in any progra 's authorizing o  appro-
     priations legialution which explicitly forbids the u e of
     those funds for contracts in gcnera1, or o~r con.tr.atta tar
     field readers in   rrtcular, there is       1, le-%r  preibion
     against the use of program funds for field renoer cuntr'acts
     to carry out p    ra:l u
     A* * it wouUd b't of doubtful le'zalicy to use prozr+ ' fuids
     to p1y f:r field re~dct servie& obtained ihrough tlw appoint-
     went of tield readers as c.osltants, or otherwise, unler the
     personn    process .


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