Legality of Transfer of Funds under Higher Education Act of 1965

B-164031(1).175: Aug 11, 1978

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The legality of a transfer of funds under the Higher Education Act of 1965 from the Office of Libraries and Learning Resources in the Office of Education to the National Commission on Libraries and Information Science was questioned. The Commission is an independent agency in the executive branch and as a Federal agency is not eligible to receive funds because of regulations defining public agencies to exclude Federal agencies. The Commissioner of Education has no authority to make an exception to the regulations defining public agencies.