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B-240371 1 (1991-01-18)

handle is hein.gao/gaobadnvi0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Defense Medical Systems Support Center-Health and Fitness Program File: B-240371 Date: January 18, 1991 DIGZSTS 1. Under 5 U.S.C. § 7901 (1988), federal agencies may establish preventive health service programs to promote and maintain the physical and mental fitness of their employees. Moreover, regulations issued by the Office of Personnel Management to implement section 7901 specifically authorize agencies to establish and operate physical fitness programs and facilities designed to promote and maintain employee health. Federal Personnel Manual (FPM), ch. 792 (Inst. 261, Dec. 31, 1980), as amended by FPM letter 792-15 (April 14, 1986). As such, we conclude 5 U.S.C. 7901 and its implementing regulations authorize the Department of Defense, Defense Medical Systems Support Center to use appropriated funds to provide its employees access to a private fitness center's exercise facilities. 2. The prohibition in 5 U.S.C. § 5946 against the use of appropriated funds to pay the membership dues of a federal employee in a society or association does not prohibit a federal agency from using appropriated funds to purchase access for its employees to a private fitness center's exercise facilities. DECISION An official of the Department of Defense, Defense Medical Systems Support Center (Center), asks whether the Center may use appropriated funds to provide access to private health and fitness facilities for its employees as a part of its health service program. For the following reasons, we conclude the Center may use appropriated funds for such a purpose subject to budgetary constraints. BACKGROUND For the past tw0 years, the Center contracted with a private health and fitness facility to provide the Center's civilian and military employees access to exercise facilities. PUBLISHED DECISION 70 Comp. Gen. 19

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