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B-192438 1 (1979-06-13)

handle is hein.gao/gaobadhho0001 and id is 1 raw text is: ~ THE COMPTROLLER GENERAL DECISION <OF THE UNITED STATES WVASHINGTON, 0 C 2 548 L /4 A . LJ1.n D I. ULUI7 .L1 ±17 MATTER OF: Gerald C. Phillips - Intergovernmental Personnel Act - Consulting Fees DIGEST: Rice University made payment of $12,000 to faculty member for consulting fees that he lost when it detailed him to Department of Energy (DOE) under Intergovernmental Personnel Act (IPA) of 1970. Before detail, employee was regularly paid consult- ing fees by private corporation on 1 business day off per week granted by University for such purpose. Office of Personnel Management considers such fees to be part of employee's accademic pay. The University's payment to the faculty member may be reimbursed by DOE under 5 U.S.C. § 3374(c). This decision responds to the request of Robert L. Zanetell, jq6(C 0 Director, Office of Finance and Accounting, Department of Energy (DOE), for an advance decision as to whether the DOE may reimburse William Marsh Rice University, Houston, Texas, an amount of $12,000 that it paid to its faculty member, Dr. Gerald C. Phillips. This amount represents consulting fees which Dr. Phillips would have earned from a private company had he not been detailed from the University to serve 1 year with DOE under the authority of the Intergovernmental Personnel Act of 1970, 5 U.S.C. H§ 3371, et seq. The issue is whether DOE reimbursement of the consulting fees is authorized under 5 U.S.C. § 3374(c) of the Act, which permits Federal executive agencies to reimburse state or local governments for the pay of their employees detailed to the agencies. Dr. Phillips was detailed to serve 1 year from approximately September 1, 1976, to August 31, 1977. The DOE agreed to reimburse Rice University for 12 months of Dr. Phillips' basic salary of $44,000, related fringe benefits of $7,084 as well as the University's payment for the consultant fees given up by Dr. Phillips during the detail. The policy of Rice University, as expressed in a formal memorandum, is to permit faculty members 1 day each weck to perform consulting and other services to outside organizations for remunera- tion. The University recognizes that such activities enrich teaching I k :

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