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This is in response to your letter dated August 1, 1999, in
which you reported that you had requested that your employing
agency, the [agency], waive the recovery of 49 hours of annual
leave that had been credited to your leave account as a result of
timekeeping errors, and that the Customs Service had advised you to
submit your waiver request to the Office of Personnel Management
In fact, OPM has no authority to review your waiver request. As
a result of legislative and executive action, the authority to
waive leave now resides with the heads of agencies. See the General
Accounting Office Act of 1996, Pub. L. No. 104-316, 110 Stat. 3826,
approved October 19, 1996, and the Office of Management and
Budget's (OMB's) Determination Order dated December 17, 1996.
It is not entirely clear whether the letter dated July 19, 1999,
that you received from the [agency's] Accounting Services Division,
Payroll Group, constituted the [agency's] final decision concerning
your waiver request. If this letter did not constitute a final
agency decision, you will need to resubmit your waiver request to
the appropriate office within the [agency].
It should be noted that when waiver decisions were the
responsibility of the General Accounting Office, it was the
position of the Comptroller General that the recovery of
erroneously credited leave could only be waived where the necessary
adjustment or offset to the employee's leave balance resulted in a
negative leave balance. See Patricia A. Bolstad, B-216378,
October 23, 1984 (copy enclosed).
Murray M. Meeker