EPA IS COMMITTED TO SUPPORTING PRESIDENT BUSH'S HEALTHIER US INITIATIVE, WHICH PROMOTES THE ESTABLISHMENT OF A WELLNESS PROGRAM IN FEDERAL AGENCIES. TO THIS END, EPA CREATED AN EMPLOYEE WELLNESS PILOT PROGRAM, AND SUBSEQUENT VOLUNTARY EXERCISE PROGRAM TO PROMOTE POSITIVE LIFESTYLE CHOICES, REINFORCE HEALTH AND FITNESS VALUES, MANAGE WEIGHT, AND, WHERE POSSIBLE, PREVENT ILLNESS. THE IMPORTANCE OF MAINTAINING A HEALTHY AND FIT FEDERAL WORK FORCE WAS FIRST RECOGNIZED BY THE U.S. CONGRESS IN 1946 WITH THE PASSAGE OF PUBLIC LAW 79-658, TITLE 5, U.S. CODE, SECTION 7901, AUTHORIZING AGENCIES TO ESTABLISH WITHIN THE LIMITS OF APPROPRIATIONS AVAILABLE, HEALTH PROGRAMS TO PROMOTE AND MAINTAIN THE PHYSICAL AND MENTAL FITNESS OF FEDERAL EMPLOYEES. UNDER THIS LAW, AGENCIES ESTABLISHED HEALTH UNITS TO PROVIDE HEALTH SERVICES TO EMPLOYEES. IT WAS NOT UNTIL THE 1970'S, HOWEVER, THAT HEALTH AND FITNESS PROGRAMS FOR FEDERAL EMPLOYEES BEGAN TO FLOURISH. IN 1986, THE OFFICE OF PERSONNEL MANAGEMENT (OPM) REVISED ITS FEDERAL PERSONNEL MANUAL (FPM) GUIDANCE TO AGENCIES TO CLARIFY THE AUTHORITY TO USE APPROPRIATED FUNDS TO START OR EXPAND EXERCISE AND FITNESS FACILITIES (FPM LETTER 792-15, APRIL 14, 1986). IN CONCERT WITH THESE REVISIONS, THE OFFICE OF MANAGEMENT AND BUDGET (OMB) RESCINDED CIRCULAR NO. A-72 (JUNE 18, 1965), WHICH HAD ESTABLISHED CRITERIA TO BE FOLLOWED BY HEADS OF EXECUTIVE BRANCH DEPARTMENTS AND AGENCIES IN ESTABLISHING HEALTH SERVICES UNDER P.L. 79-658. OMB ALSO TRANSFERRED TO OPM RESPONSIBILITY FOR ADDRESSING THE HEALTH SERVICES MATTERS IN A-72. IN 1987, THE GENERAL SERVICES ADMINISTRATION (GSA) ISSUED REGULATIONS PROVIDING GUIDELINES FOR THE ESTABLISHMENT AND INSTALLATION OF PHYSICAL FITNESS FACILITIES IN GOVERNMENT-OWNED SPACE, AND A JOINT MEMORANDUM WITH THE PRESIDENT'S COUNCIL ON MANAGEMENT IMPROVEMENT AUTHORIZING THE INCLUSION OF FITNESS FACILITIES AMONG THE SHARED SERVICES PROVIDED IN MULTI-TENANT BUILDINGS OCCUPIED BY THE FEDERAL GOVERNMENT. CURRENT GSA GUIDANCE IS FOUND IN 41 CFR PART 101-17, TEMPORARY REGULATION D-76. THESE ACTIONS MADE IT CLEAR THAT AGENCIES WERE ABLE, SUBJECT TO BUDGETARY CONSTRAINTS, TO EXPEND APPROPRIATED FUNDS TO ESTABLISH OR SUPPORT HEALTH AND FITNESS PROGRAMS FOR THEIR EMPLOYEES. FURTHER CLARIFICATIONS WERE MADE TO SUPPORT THE AUTHORITY TO PROVIDE EMPLOYEE HEALTH SERVICES. IN TWO DECISIONS, SMOKING CESSATION PROGRAMS FOR FEDERAL EMPLOYEES, 68 COMP. GEN. 222 (FEBRUARY 3, 1989) AND DEFENSE MEDICAL SYSTEMS SUPPORT CENTER - HEALTH AND FITNESS, B-240371, (JANUARY 18, 1991), THE COMPTROLLER GENERAL CONCLUDED THAT UNDER 5 U.S.C. SECT; 7901, AGENCIES HAVE THE AUTHORITY TO UTILIZE APPROPRIATED FUNDS TO PAY THE COSTS FOR EMPLOYEE PARTICIPATION IN AN AGENCY AUTHORIZED SMOKING CESSATION PROGRAM AND FOR EMPLOYEE MEMBERSHIP IN A PRIVATE FITNESS FACILITY. 1 THE OFFICE OF PERSONNEL MANAGEMENT S EMPLOYEE HEALTH SERVICES HANDBOOK CITES THE FOLLOWING OPTIONS FOR FUNDING A PHYSICAL FITNESS PROGRAM: -FULLY FUNDED BY YOUR AGENCY - FUNDED BY A COMBINATION OF EMPLOYEES FEES AND AGENCY FUNDING - FULLY FUNDED BY EMPLOYEE CONTRIBUTIONS OR FEES. IGF::OT::IGF TO THE EXTENT TO WHICH YOUR AGENCY PAYS FOR FITNESS PROGRAMS DEPENDS ON BUDGET, EMPLOYEE NEEDS, AND AGENCY MISSION. 2 THE HANDBOOK ALSO PROVIDES GUIDANCE FOR EXCUSED ABSENCE FOR PARTICIPATION IN PHYSICAL FITNESS ACTIVITIES. EACH DEPARTMENT OR AGENCY HAS THE DISCRETION TO EXCUSE EMPLOYEES FROM THEIR DUTIES WITHOUT LOSS OF PAY OR CHARGE TO LEAVE. 3 PROVIDING HEALTH AND FITNESS ACTIVITIES VIA A PRIVATE FACILITY MAY BE PART OF AN AGENCY'S BONA FIDE PREVENTIVE PROGRAM AUTHORIZED UNDER 5 U.S.C. 7901. AGENCIES, IN EXERCISING THIS AUTHORITY TO PURCHASE ACCESS TO PRIVATE HEALTH AND FITNESS FACILITIES, SHOULD USE THE FOLLOWING CRITERIA IN MAKING THE DETERMINATION: PROVIDING ACCESS TO A PRIVATE FITNESS FACILITY MEETS AGENCY HEALTH SERVICES PROGRAM OBJECTIVES AND CAN BE CAREFULLY MONITORED AS PART OF A BONA FIDE PREVENTIVE HEALTH PROGRAM. PROVIDING AC