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B-194207 1 (1979-04-02)

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United States General Accounting Office
Washlngton, DC 20548


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Office of
General Counsel
In Reply
Refer to;1-194207


1.


A A,2   1979


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John II, Etus, Jr.
Chisf, Visucal $ervice
Voternu  Adtnitration   .ospital
5901 Brit Seveuth Street
Long Beach, California  90822   A&C  0


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     Thi  is in vespnasn  to yvur lettuxdatd   Noveier  24, 1978
(tile ratnaance 600/04B)  requesting ajhlavIticsticn of the term
anployee ac it Lto defined in 5 U.S.C  57013i  connection with
the jpyaeMt' of employee'. travel and subvistence expenses.

     Specifically you have  asked vhethat the tarm employoe
applise to:

     (a)  Taniorary appointuent  - W1ll time

     (b)  Tempirary appointment -  purt tire

     (c)  Toiporriry appointment - Studont Trainee

     (d)  Tempoeary appointment -  StIpend

     Although a formal deciston  of the Couptvoller Genera4,fis ot
being issued, the following  information uy to  useful to you,

     The criterialbasic  to any determiuation of whether an Individ-
ual Is a Vederal oemployee are met forth in .5 U.S.C. 2105(s) (1976).
Th  test Is whether the taployes  Ast

     1.  Appointed in  the civil service by a Tederal officer or
amployec,

     2.   ungaged in the performance of a Federal function undwr
authortty of law or an Ktecutive  act,

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