[Corps of Engineers Request for Decision Concerning Legality of Expending Appropriated Funds]

The Army Corps of Engineers requested a decision concerning the legality of expending appropriated funds to reimburse employees who purchase special eyeglasses for use in the operation of video display terminals. The Corps and a labor union are negotiating over the impact of an agency decision to install the terminals when certain employees who have not worn glasses may need them, and others may need corrective lenses to operate the terminals. The agency concluded that the principal benefit from use of the glasses is to the employee, although the Government could receive a long-range benefit. In addition, the agency does not consider work with the video display terminals to be hazardous. The Occupational Safety and Health Act and other regulations allow an agency to purchase certain equipment, if an agency head determines the items to be needed as protection from hazardous conditions. Since the agency has not determined that the work involved is hazardous, these authorities cannot be used to expend appropriated funds for eyeglasses. In addition, because of the absence of benefit to the United States, regulations for the purchase of personal equipment do not provide the authority for the purchase. Under the circumstances, GAO found that there was no basis for the agency to enter into an agreement with the union to expend appropriated funds on the equipment.