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092759 1 (1970-02-20)

handle is hein.gao/gaobacwqx0001 and id is 1 raw text is: 

                     UNITED STATES GENERAL ACCOUNTING  OFFICE
                              WASHINGTON,  D.C 20548


CIVILDIVISION                                               FEB 20  1970
                                                      44



         Dear Mr. Kelly

              Reference is made to your reply, dated September 6, 1969, to
         our letter of December 6, 1968, concerning possible overpayments of
         salary, per diem, and other travel allowances to Mr. Frank E. G. Weil
         and Mrs. Patricia Leo curing their employment as consultants by the
         Office of Equal Health Opportunity, Office of the Surgeon General,


              With respect to Mr. Well, our follow-up review confirmed the
         unusual timekeeping and reporting arrangements described in your
         letter, and we concur with your opinion that no overpayments were
         made to him.  With respect to Mrs. Leo, however, our follow-up review
         indicated that she was overpaid a total of $2,949--the amount we
         originally questioned--rather than the $565 for which the Department
         has requested repayment.  The principal differences between our com-
         putations and those by your staff of the overpayments to Mrs. L eo
         relate to allowances for travel expenses and per diem during the
         period April 15, 1966, through September 16, 1966.

              Your letter stated that, for the period April 15, 1966, through
         September 16, 1966, Mrs. Leo was allowed travel expenses and per
         diem while away from home because she had been appointed as a con-
         sultant on an intermittent basis and the time and attendance reports
         reflected that she had worked as a consultant on an intermittent
         basis during the period.

              The Assistant Chief of the Finance Branch, Office of the Surgeon
         General, advised us that, in computing the overpayments of $565 for
         which repayment has been requested, he had assumed that Mrs. Leo was
         a consultant working on an intermittent basis during the period
         April 15, 1966, through September 16, 1966, because her appointment
         papers indicated that her services would be used intermittently.
         Our review of the time and attendance records for Mrs. Leo indicates
         that she served on a full-time basis and, therefore, was not entitled
         to receive the questioned payioents for per dieM and travel expenses
         during the cited period.

              The rule is well established that consultants and experts who
         are hired on an intermittent, when-actually-employed basis, but serve
         on a regular full-time basis, may not be regarded as employed inter-
         mittently under section 5 of the Administrative Expenses Act of 1946,





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