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B-188161 1 (1977-02-07)

handle is hein.gao/gaobadtfl0001 and id is 1 raw text is: C aR El LE A:S'E D~IGEST *,4Si UNITED. STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 .FI prCF GENERMAL COUNSEL. 84188161 FEB? 7 Amispolis-t Maryland 21403.. Dear . We refer to your letter dated December 71, 19.76, requesting that we: modify our decision in .0 C0,mp Gen# 521 (1951)'so. as to allow the granting -of administrativeleave to you by -the National Security. Ageny(NSA) -in the. circumstances described below. You-xeport thAt you partip6ted in a blood platelet dona. tion program under the auspice4s of :the Vatlonai inititutes of Health (NIH) ihich .required you to. be absent from work approxi.- mately. 2 hours-per'meek over a period of several months.- -The progrtm is allegedly structured in-such away thatNH N is required -to pay you $25 por donation. ' .You report that although your agency initially gTanted you. administrative leave for the- purpose of p-articipating .in -this. program, it withdrew the grant of administrative leave after it learned of the 'compensation. paid by NIH to you.- NSA appeared to hare based its withdrowal on 30 Cot.p4 Gezn 521, (1951), Our au thori ty *to tender formal decisions-ias United by statute to matters presented by heads of departments.nd agen-• cies, disbursin& snd certifying officer , oi. by -elimanti * have filed monetary Claims with our-Office•. See 31 US.C. 60 74 and 82d, As you do not Solicit a-n .opinion, in one of these capacitiesj, this Office wll -not provide you.with .a binding decision in.-this matter at. this time However, the following Informtion may be -helpful. The essence of 'the decision you have cited is the. recogni- tion by our Office 'that the employing agencies are vested .with a discretionary authority to determine -the basis upon which an .employee is officially excusable, either before or after his

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