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B-196088 1 (1979-11-01)

handle is hein.gao/gaobadhrz0001 and id is 1 raw text is: 




                            0        THE  COMPTROLLER GENERAL-
        DECISION         **OF THE                UNITED       STATEB
                            :        WAS.HINGTON. D.C. 20548




        FILE:   B-196088                    DATE:    November 1, 1979

        MATTER O     :-Dr.  Frank von Hippel - pompensation For Services
                                  ppointment

        DIGEST:    An individual, ultimately appointed as an intermittent
                   consultant, attended three meetings at the Department
                   of Energy's request prior to the date of his appointment.
                   He was reimbursed for his travel and transportation
                   expenses under invitational travel orders. Since the
                   record does not support the conclusion that he attended
                   the meetings under color of authority and with the expec-
                   tation that he would be compensated for other than his
                   travel expenses, the individual may not be compensated
                   for his services prior to appointment as a de facto
                   employee.

         We have been asked b     er   . Zanetell, ertifying officer for
     the.Department of Energy  WE), to i        cision as to whether
     Dr. Prank von Hippel may be compensated as a de facto employee for
     services rendered prior to the date of his appointment as a consultant.

         During the latter part of 1977 a determination was made by the
-Assistant Secretary for Energy Technology   to obtai  Dr. von Hippel's
     services as a consultant in con ection with DOE's International Nuclear
     S    Cycle Evaluation Activities (INFCE). At the reques         ogram
     Director for Nuclear Energy, r. von Hippel attended three INFCE meetings.
     The meetings, which were held in Washington, D.C., and Vienna, Austria,
     took place in November and December of 1977 and in January of 1978.. The
     certifying officer has stated that Dr. von Hippel was not in fact employed
     by DOE until March 6, 1973, when he was issued a letter appointing him
     as a consultant on an intermittent basis for the period from March 6,
     1978, to March 5, 1979, at a rate of compensation of $182 per day. With
     regard to the period prior to March 6, a memorandum from the Controller
     explains:

          Despite the documented efforts of this office to put
          formal arrangements in place on a timely basis, a series
          of administrative and procedural deficiencies resulted
          in a lack of official consultant coverage until March 6,
          1978.

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