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B-216852-O.M. 1 (1985-03-06)

handle is hein.gao/gaobadpqq0001 and id is 1 raw text is: UNITED STATES GOVERNMENT Memorandum TO FROM SUBJECT: GENERAL ACCOUNTING OFFICE March 6, 1985 Director, OOHD -- A. F. Franklin General Counsel - Hary Van Cleve Authority of the General Accounting Office to install and operate a physical fitness facility - B-216852-O.M. This is in response to recent inquiries by of your staff concerning the legal authority of the General Accounting Office to install and operate an employee physical fitness facility in the GAO building, the costs of which would be borne by agency appropriations. As set forth below, we conclude that GAO's appropriated funds would be available for the installation and operation of such a facil- ity, under 5 U.S.C. S 7901 (1982), which authorizes Federal agencies to establish preventive programs relating to health. Further, we conclude that restrictive regulations and guidelines issued by certain executive branch agencies to implement section 7901 would not prevent the use of GAO appropriations to install and operate a physical fitness facility in the GAO building. Of course, the fact that GAO may legally elect not to follow executive branch restrictions on the establishment of federally funded physical fitness facilities does not mean that, from a policy perspective, Mr. Bowsher will choose not to follow those restrictions. There are numerous laws and regulations which, by their terms, do not apply to the GAO but with which GAO voluntarily complies. (See, e.g. Freedom of information requirements.) Moreover, as you are aware, this Office has not previously endorsed the idea of establishing physical fitness facilities at Government expense in the absence of a determination by the Comptroller General that such a program is desirable. It is up to you to convince the Office of General Services and Controller and then the Comptroller General to authorize the establishment of a physical fitness facility. The following legal discussion is intended to support your efforts by reassuring all concerned that there are no legal impediments to implementation of the program.

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