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B-231543 1 (1989-02-03)

handle is hein.gao/gaobadnji0001 and id is 1 raw text is: CThe Comptroller General of the United States Wamngto , D.C, 2046 Decision Matter of: Smoking Cessation Program for Federal Employees File: 8-231543 Date: February 3, 1989 DIGEST Under 5 U.S.C. § 7901, Federal agencies have authority to establish smoking cessation programs for their employees and to use appropriated funds to pay the costs incurred by employees participating in these programs. However, before such programs can be implemented, the Office of Personnel Management would have to amend the Federal Personnel Manual to add smoking cessation as a prevention activity that agencies can include as part of the health services program they provide their employees. 64 Comp. Gen. 789 (1985) is modified accordingly. DECISION This decision is in response to a request from the Department of the Treasury, dated May 17, 1988, regarding the availability of appropriated funds to pay for employees of the Internal Revenue Service (IRS) to attend smoking cessation programs. As recognized by the Treasury Department in its submission, we concluded in 64 Comp. 789 (1985) that any expenditures incurred on account of the participation by federal employees in a smokers rehabilitation program would constitute a personal medical expense of the employees involved that could not be paid with appropriated funds. As requested by the Treasury Department, we have reconsidered our position on this issue, and conclude that 5 U.S.C. § 7901 authorizes agencies to use appropriated funds to pay the costs incurred by employees participating in smoking cessation programs. However, before the IRS may incur such costs, the Office of Personnel Management (OPM) should modify its regulations to include smoking cessation as a type of health service that agencies can provide their employees. 64 Comp. Gen. 789 (1985) is modified accordingly. O*'4&4:3 -57 F 7

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